HomeMy WebLinkAboutTB-07/17/1991SOUTHOLD TOWN BOARD
JULY 17, 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV (10:10 A.M.), Councilwoman Ruth D. Oliva, Councilwoman Ellen
M. Latson, Councilman Thomas H. Wickham (10:15 A.M.), Town Attorney Harvey
A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T.
Terry.
9:55 A.M. - For Discussion Items: (1) Resolution of the Southold Town Planning
Board submitting the bond estimates for Southold Villas, Phase 1 & 2 (see resolution
no. 18). (2) Information concerning the proposed community residence by
Independent Group Home Living Program, Inc., to be located at Main Road and
Oaklawn Avenue, Southold. Walter Stockton, Chief Executive Officer of IGHL will
meet with the Town Board at 2:00 P.M. (3)&(4) Decision on completeness of the
Draft Environmental Impact Statements for Jem Commons and Southold Commons (see
resolutions 19 &20). (5) Memorandum from Accountant John Cushman asking for the
Board's policy with respect to paying Beach personnel when they are sent home due
to inclement weather. The Board advised that the personnel should only be paid
for the hours they work.
10:10. A.M. Donald Stanton, member of the Kenny's Beach Civic Association, as
well as the Town's Kenny's Beach Shoreline Erosion Control Committee, met with the
Board to discuss the current condition of Kenny's Beach due to the effects from
Goldsmith's Jetty. Mr. Stanton advised that a shoreline study for the area between
Duck Pond Point and Horton's Point has been approved by Albany, but the funds
have not been appropri~ated. Further, the Town has been unable to get a permit
to move excess dredged material from Goldsmith's Inlet to Kenny's Beach. He
requested the Town Board to seek a permit from the DEC to remove two-thirds of
the jetty. Councilman Penny stated that the late Town Attorney Robert Tasker
advised the Town Board some years ago not to touch the jetty, as a homeowners
group west of the jetty was prepared to immediately institute litigation if one stone
is removed. That is why the Kenny's Beach Committee was formed and a study
proposed, which would have a positive effect if the study recommended removal of
all or part. of the jetty. Councilman Penny requested Town Attorney Arnoff to
research the legality of who owns the land which has accreted on the west side of
the jetty - the State of New York or the property owners.
11:00 A.M. - For Discussion Items continued: (6) Councilwoman Oliva urged the
Board to hire someone to work on a recycling educational program at the landfill and
to go along with the carters to ha~nd out educational information to those individuals
who have not started recycling. Supervisor Harris suggested placing an ad in the
newspapers for volunteers to work with the Task Force on this phase of the
recycling program (see resolution no. 21). The Board also discussed instituting
the commercial phase of recycling as soon as possible. (7) Councilman Penny
reported on the recent Legislative Committee meeting on the Home Occupation Law.
He has spoken to the Building Department and they feel there is enough criteria
in the law for them to enforce it. He will meet with the Police Department to discuss
law, as they are often called by residents who have concerns in this area.
Discussion was held on home business offices, and how the Town Board w.sh~s this
addressed by the Legislative Committee. Councilwoman Oliva would like to lsee a
definition permitting computer, fax and telephone, and abiding by all of the other
home occupation rules and regulations. (8) A letter to Assistant Town At,torney
Kiernan from the NYS Department of Environmental Conservation concerning their
review of the Town's proposed "Local Law in Relation to Coastal Erosion Hazard
Areas" was discussed. Their concerns are mainly in the areas of Program
'Administrator and the Board of Review. The Town Board suggested that the entire
Board of Town Trustees be designated as the Program Administrator, and the Town
Board would be the Board of Review. Town Attorney Arnoff will research this with
respect to the laws enacted by the other East End towns. (9) Assistant Town
Attorney Kiernan presented a proposed "Local Law in Relation to Hotel or Motel
Uses" which would increase the lot size for hotel or motel uses in the General
~3usiness District. This amendment has been requested by representatives of Fishers
Island, but would cover the entire Town. It was determined after research that
the proposed change would not affect any existing hotels or motels in the. Town
because there are none in the General Business District. The Town Board placed
resolutions 22 & 23 on the agenda for an environmental assessment on the proposed
law, and to refer it to the Southold Town Planning Board and Suffolk County
Department of Planning. ('10) Letter from the North Fork Environmental Council
requesting they included on the list of agencies, organizations and individuals who
receive copies of the Zoning anti Planning Committee and Legislative Committee
agendas and minutes. Board agreed.
12:30 P.M. - Recess for lunch.
1.'45 P.M. - Work Session reconvened and Board audited outstanding vouchers.
2:10 P.M. Walter W. Stockton, Chief F. xecutive Officer of Independent Group Home
Livinc. t Pro,tram, Inc., and his associate~, met with the Town B~ard to discuss their
program, and the proposed community residence to be established in the house on
the corner o~ Main Road and Oaklawn Avenue, Southold. He said the residence will
be occupied by a maximum of ten mentally retarded individuals between the ages of
20 and 23, who attend six hours of programs each weekday, either at a sheltered
workshop or a day treatment center. There will be supervisory and direct care
staff on duty 24 hours a day at the residence with recreational activities and
programs planned for evenings and weekends. A neighborhood advisory committee
will be established for the residence so that there can be a meaningful liaison
between the community and IGHL so that the integration of the home into the
r, ommunity life can be facilitated.---Residents of the immediate area, Cynthia Halsey
and Becky Terry, were in attendance and asked pertinent questions of Mr.
Stockton, his associate, and the Town Board.
EXECUTIVE SESSION
2:35 P.M. On motion of Councilman Wickham, seconded by Councilwoman Latson,
it was Resolved that the Town Board enter into Executive Session. Vote 'of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny,
Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present:
Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--Dis-
cussion was held on matters of litigation, personnel, and contract negotiations with
the North Fork Animal Welfare League, Inc.
4:15 P.M. - The Board reviewed the proposed resolutions to be voted upon at the
7:30 P.M. regular meeting.
4:45 P.M. - Work Session adjourned.
REGULAR MEETING
A Re~]ular Meeting of the Southold Town Board was held on Wednesday, July
17, 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:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A o Arnoff
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills.
Moved by Councilman Wickham, seconded by'Justice Edwards, it was
RESOLVED that the following audited I~ills be and hereby ordered paid: General
~; 7
Fund, Whole Town bills in the amount ,of $ 5,994.31; General Fund, Part Town
bills in the amount of $61,513.41; Nutrition Fund bills in the amount of $6,905.37;
Home Aide Program bills in the amount of $179.94; SNAP Program bills in the amount
of $845.90; EISEP Program bills in the amount of $113.60; Highway Fund, Whole
Town bills in the amount of $5,673.35; Highway Fund, Part Town bills in the amount
of $16,736.92; CHIPS (Highway Part Town) bills in the amount of $1,000.00; Landfill
Sand Capital Fund bills in the amount of $9,149.89; Hydrogeolic Landfill Study
bills in the amount of $11,577.20; Employee Health-Benefit Plan bills in the'amount
of--$31,095.21; Fishers Island Ferry District bills in the amount $15..085.15; Southold
Wastewater District bills in the amount of $1,087.81; Fishers Island Sewer District
bills in the amount of $1,224.24; Fishers Island Ferry District Agency & Trust
bills in the amount of $344.02.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion for the minutes of the Town Board meeting
of July 2, 1991.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the July 2, 1991, regular Town Board meeting be
and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion approving the next regularly scheduled
Town Board meeting of Southold for July 30, 1991, at 4:00 P.M.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the next recjular meeting of the $outhold Town Board will be held
at 4:00 P.M., Tuesday, July 30, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time before we move on, it gives me great pleasure
to be able to present a proclamation to an individual within Southold Town. The
man's name is Kenneth Johnson. Mr. Johnson could you come up front at this
time? Mr. Johnson exemplifies what Southold Town is all about. He had a life
saving act, where he pulled some people from a burning car. As I recall it that
way. At this time, I'd like to present you with a proclamation, and read it to
you
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, the santity and value of human life is treasured and honored as a basic
tenet of American life; and
WHEREAS, it is in the highest pursuit and maintenance of that belief that a person
JULY 17, 1991
15
should expend all his knowledge, ability and efforts toward that goal, even at
risk to his own life and welfare; and
WHEREAS, on the 22nd day of May, Nineteen Hundred and Ninety-One
WHEREAS, KENNETH JOHNSON did exemplify the character, ability, knowledge,
selflessness, courage and devotion necessary to meet the challenge in that he dis-
played excellent judgement by pulling a trapped man from his burning vehicle.
Sean Kennedy was driving eastbound on Sound Avenue, Mattituck, when he lost
control of his vehicle and struck a utility pole, then a tree, and his car burst
into flames. KENNETH JOHNSON, also traveling eastbound on Sound Avenue,
immediately left his vehicle, and without regard for his personal safety, pulled
Mr. Kennedy from his burning vehicle. Mr. Johnson's quick and heroic actions
saved the life of Sean Kennedy; and
WHEREAS, KENNETH JOHNSON'S acts saved the life of Sean Kennedy, and are
a tribute to his devotion to human life; now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold does hereby commend
KENNETH JOHNSON for his meritorious action in placing the life of a stranger
before that of his own.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: On behalf of the Town, the Town Board, and myself, we
extend the heartest congratulations.
1. REPORTS.
1. Southold Town Justice Edwards' Monthly Report for June, 1991.
2. Scavenger Waste Treatment Facility Monthly Report for June, 1991.
3. General Wholesaler Report on vending machines .
4. Southold Town Justice Frederick J. Tedeschi's Monthly Report for
June, 1991.
6.
7.
8.
9.
with Tax
10.
11.
12a
1-~b
13.
14.
15.
16.
II. PUBLI
Laurence Healthcare CSEA Health Benefit Monthly Report for June, 1991.
Laurence Healthcare PBA Heathcare Benefit Monthly Report for June, 1991.
New York State Department of Health Bathing Beach Inspection Report.
Southold Town Clerk's Monthly Report
Southold Town Tax Receiver's Reconciliation of Return of Unpaid Taxes
Warrant.
Southold Town Community Development Report for June, 1991.
Southotd Town Police Department Report for June, 1991.
Southoid Town Board of Trustee's Report for May, 1991.
Southold Town Board of Trustee's Report for June, 1991.
~outhold Town Recreation Department ~Report for June, 1991.
Supervisor's Monthly Monthly Budget Keport for June, 1991
Councilmen's Reports.
Supervisor's Report.
C NOTICES.
1. U.S. Army Corps of Engineers, New York District, application of Renato
Starcic to construct a fixed, elevated pier, install three mooring piles in Jockey
Creek, Southold, New York, Expires August 2, 1991.
2. U.S. Army Corps of Engineers, New York District, application of Paolo
Lavac~etto to construct a fixed elevated walk, ramp and floats, install three mooring
piles in Haywaters Cove, Little Peconic Bay, Cutchogue, New York. Expires August
9, 1991.
3. N.Y.S. Division of Construction Management, Notice of Intent to covert
balance of threatened funds to a federal capitalization grant for the State revolving
fund.
Ill. COMMUNICATIONS.
1. Michael J. Caracciolo, Legislator, First District in regard to the Riverhead
Health Center.
2. Nancy Gillies, Nassau Point Property Owners Association addressing the
Home Occupation Law.
3.' Edward Siegmann, President of the Senior Citizens Club of Southold Town
Mattituck Unit encouraging the purchase of a building for the Nutrition Center.
IV PUBLIC HEARINGS.
lations".
2.
8:00 P.M. Proposed "Local Law in Relation to Off Street Parking Regu-
8:02 P.M. Proposed "Local Law in Relation to Sign Regulations".
JULY 17, 1991
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time before we move on to the regular portion of
the agenda, namely the resolutions, are there any member of the audience that
would like to address this Board on any resolution we may be deliberating upon
in the next few minutes? (No response.) If not, do you want to start the first
one off, Ellen?
1.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj bud~let modification to the General Fund - Whole Town 1991 Budget to
appropriate funds for the purchase and installation of Police antennae at the Orient
site and Peconic site as per bid awarded to Eastern Long Island Electrics by the
Town of Southold on June 4, 1991:
To:
A1620.2 Buildings & Grounds, Equipment $ 16,200.00
From:
A9010.8 NYS Retirement $ 16,200.00
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of Sound Avenue, Mattituck, a.t its intersection with NYS Route 25, on
August 3, 1991, from 9:00 A.M. to 3:00 P.M., for a safety precaution while the
Mattituck Presbyterian Church holds their annual Country Fair and Auction on
the chruch property located on the corner of NYS Route 25 and Sound Avenue.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Councilwoman Olvia,
WHEREAS, the Town Board of the Town of Southold on June 18, 199t created the
Southold Town Land Preservation Committee, thereby abolishing the Farmland Com-
mittee and Open Space Committee; and
WHEREAS, Joyce Wilkins, by appointment dated January 3, 1991, was named
Secretary to the Farmland Committee and Open Space Committee; now, therefore,
be it
RESOLVED THAT THE Town Board hereby terminates the appointment of Joyce
Wilkins as Secretary to the Farmland Committee and Open Space Committee, and
hereby appoints Jo¥ce Wilkins as Secretary to the Southold Town Land Preservation
Committee, effective immediately, at a salary of $7.50 per hour, not to exceed
$3,500.00 for all of the aforementioned committees for the year 1991.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the follow-
in 1991 Budc, let for the Consolidated Highway Improvement Fund:
Revenues:
DB3501 Consolidated Highway Aid $ 167,234.00
DB599 Appropriated Fund Balance 29,002.00
Appropriations:
DB.5112.1 Highway Improvement, Capital Outlay $ 196,236.00
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the
following 1991 Budclet for the Southold Employee Health Benefit Plan:
Revenues:
MS2401 Interest & Earnings $ 3,000.00
MS2680 Insurance Recoveries 39,170.00
MS2709 Retiree, COBRA Contributions 20,000.00
MS5031 Interfund Transfers 636,000.00
MS599 Appropriated Fund Balance 100,000.00
JULY 17, 1991
Appropriations:
MS1910.4 Insurance, Contractual Expenses $ 110,000.00
MS1989.4 Medicare Reimbursement, Contr. Exp. 25,000.00
MS8686.4 Administration, Contractual Expenses 30,000.00
MS9060.8 Hospital & Medical Insurance, Benefits 633,170.00
5.-Vote of the Town Board: Ayes: Councilman Wickharn, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson
This resolution was declared duly ADOPTED.
COUNCILWOMAN LATSON: I'd like to vote no, with an explanation. Also, under
Robert's Rules anyone on the Town Board can move a resolution. You don't necces-
sarily have to vote yes on it, but you can put it on the floor. As you can see
through this resolution, and you will see through upcoming resolutions, huge amounts
of money are being reappropriated through the Town, and this is a result of the
State budget cuts. Iarn a member of the Town Board, the standing Board Committee,
called the Finance Committee. Several months ago when we realized that these
cuts were coming the Supervisor assured myself, and other members, that he would
hold a Finance Committee meeting to adequately explain how this money in Southold
Town would have be appropriated. Unfortutnately, these resolutions lay before
us without that meeting being held. Now, this money may be appropriated in the
proper fashion, but the Southold Town Budget is a $12,000.00 budget, and a very
complex one. Unfortunately, the Town Board is being run as if there are two
corporations competing against one another. As an elected representative of the
people, who won by a majority vote several years ago, and as an appointee of the
Supervisor to the Finance Committee w~e have not had a Finance Committee meeting
in the time that he has held office. In these crucial times I feel that I can not
vote unless I am completely informed, as your elected official, as to how these monies,
what the reprecussions are, and what changes are going to have to be made in
Town government to allow for this cut. So, I would urge the Supervisor to, please,
call a meeting, and to work with the Town Board members as a whole in -an elected
capacity. Thank you.
SUPERVISOR HARRIS: Ellen, while you bring that up, I find it curious that you
voted no for the Budget to begin with in 1991 this year, and you, also, had plenty
of time today to question during our Work Session anything you want to on these
resolutions. You had not brought up various questions, if you had them.
COUNCILWOMAN LATSON: I questioned you as to why a meeting had not been
held.
SUPERVISOR HARRIS: I said that that was still forthcoming. This is to start
adjusting for that budget. However, we in the work session went over every
resolution. Had you had any questions in reference to this, you certainly could
have asked them then, instead of grandstanding tonight.
COUNCILWOMAN LATSON: If it's a very complex budget as you know, Scott. It's
not grandstanding.
6.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby assic~ns Christine
Schriefer as a full-time seasonal Clerk in the Supervisor's Office AND the Town
Trustees' Office, effective July 1, 1991, at a salary of $5.00 per hour.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
-RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ budc~et modificjation to the General Fund - Whole Town 1991 Budcjet for
allowance for reductions in State Aide:
From:
Revenues:
A3801 Recreation for the Elderly $ 3,080.00
A3820 Youth Projects 11,400.00
8 JULY 17, 1991
Fro m:
Appropriations:
A7145.4 Joint Youth Recreation, Contractual Expenses $ 8,000.00 a
A7150.4 Sport Program, Contractual Expenses 2,319.00 b
A7320.4 Joint Youth Project, Contractual Expenses 1,081.00 c
A7620.4 Adult Recreation, Contractual Expenses 3,080.00 d
a - eliminates recreation grant to Schools
b - reduces equipment grants to sporting leagues
c - reduces Town contribution for recreational activities
d - reduces Town contribution for elderly recreational activities
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
8.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1991 Budcjet modification to the General Fund - Part Town to make
allowance for reduction in Anticipated Planning Board fees:
From:
Revenues:
B2115 Planning Fees $ 72,000.00
Appropriations:
B1990.4 Contingent, Contractual Expenses $ 62,000.00
B8020.4 Planning, Contractual Expenses 10,000.00
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, S.t~pervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
JUSTICE EDWARDS: All I can say, i~'s a good thing the rest of the Board doesn't
feel ike Councilwoman Latson, or this Town Hall would come to a screeching halt.
COUNCILWOMAN OLIVA: Judge Edwards, I don't think that's neccessary..
JUSTICE EDWARDS: I think it was appropriate. I'm sorry.
COUNCILWOMAN OLIVA: I disagree.
JUSTICE EDWARDS: That's your perogative.
9.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj budcjet modification to the General Fund - Whole Town 1991 Budcjet to
allow for reduction in State Revenue Sharing:
Appropriations:
To ~
A1996.4
From:
A1989.4
A1990.4
A9010.8
Contributions to New York State
$ 168,500.00
Funded Deficit $ 59,577.30
Contingent, Contractual Expenses 18,922.70
New'York State Retirement 90,000.00
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
10.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
follwoing budget modification to the General Fund - Whole Town 1991 Budqet to
remove the appropriation from the budget for the purchase of equipment and
corresponding revenue for Park & Recreation transfer:
From:
Revenues:
A2025 Special Recreation Facility $ 18,000.00
Appropriations:
A7110.2 Parks, Equipment
of the Town Board: Ayes: Councilman Wickham,
10. -Vote
Coun
This
$ 18,000.00
Councilwoman Oliva,
cilman Penny, Justice Edwards, Supervisor Harris. No: COuncilwoman Latson.
resolution was declared duly ADOPTED.
11.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj 1991 Budget modification to the General Fund - Part Town to allow for
reduction in State Revenue Sharing and Juvenile Aide Bureau Aid:
To:
Appropriation s:
B1989.4 Contributions to New York State $ 49,600.00
From:
Revenues:
B3820 Youth Proiects $ 18,900.00
Appropriations:
B1990.4 Contingent, Contractual Expenses $ 68,500.00
11.-Vote of the Town E3oard: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
12.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Deputy
Town Clerk Elizabeth Neville to attend an Inventory/Planning Workshop foe Records
Management, at Holbrook, New York, on Tuesday, July 16, 1991, and the necessary
expenses for travel and lunch shall be a legal charge against the Town Clerk's
1991 Budget.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time I'd like to commend the Town Clerk's Office,
in particular Town Clerk Judith Terry and her staff for receiving a grant for
$17,584.00 for Records Management and Inventory Planning, that they received
from the Office of Local State Education Department. They worked very hard,
including taking courses on grant writing, and I commend them, and applaud them
for their efforts, and certainly the Town does also, for helping save money that
would neccessarily have been passed along to taxpayers for needed record manage-
ment. Congratulations, Judy.
TOWN CLERK TERRY: Thank you.
13.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj budc~et modification to the General Fund - Whole Town 1991 Budget to
reimburse this line for legal expenses to date relating to two separate landfill suits:
To:
A1420.4 Town Attorney, Contractual Expenses $ 39,598.62
From:
A8160.4 Refuse & Garbage, Contractual Expenses $ 39,598.62
COUNCILWOMAN OLIVA: I'd like to make a statement, Judy. This afternoon we
did discuss this, broke it down into two different items. I would be very happy
to pass on the amount, that we had already put aside for legal fees for Mr. Isler.
Unfortunately the other part of it was for fees for Mr. Isler to do some legal work
with an Administrative Law Judge as far as fines that have been incurred, or violations
that have been incurred by the Town Board since 1973. I just feel that I can
not vote for that because Mr. Isler did not come here to discuss this matter with
us. I had no idea of how much money it was going to cost, and I don't feel that
you can just lump the two together. Unfortunately I have to vote, no.
COUNCILMAN PENNY: Yes, and Mr. Isler was here, I believe, and I don't know
the date of it, but we authorized Mr. Isler to do this work for us on behalf of
the alleged violations, that have been caused from past administrations on the land-
fill, similar to the alleged violations that were charged with every other town out
here, and once we've authorized somebody to do the work it kind of tough to say
we're not going to pay them. My vote is yes.
COUNCILWOMAN OLIVA: The monetary figure was..
COUCILMAN PENNY: They work on a per hour basis.
COUNCILWOMAN OLIVA: But we had authorized only up to $25,000.00, George,
and this is extra and alsove, and I just don't feel that we had that knowledge
previous.
COUNCILMAN PENNY: This ~as r~ot the same ~itigation.
COUNCILWOMAN OLIVA: I understand that, but we had not idea of how much
it was going to cost.
0 JULY 17, 1991
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice
Edwards, Supervisor Harris. Nos: Councilwoman Latson, Councilwoman Oliva.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Let me just finalize this statement for clarification. This
firm has been doing a lot of litigation for Riverhead, also. It's very familar with
alleged violations that occurred as Councilwoman Oliva said. The majority of them
occurring in the eighties. Violations that took place allegedly at the landfill.
Obviously you can see some of the settlements, like Southampton had, where they
started with huge alleged violations, and ended up paying very little, because they
had attorneys who were fighting all along for the people of the township. Southold
Town is no different, and it continues to fight for the taxpayer on flagrant and
alleged actions taken by State agencies.
COUNCILWOMAN LATSON: I think, Scott, the point of the lawsuit is that the
point in time in December of 1990, when the Landfill Law was being implemented
the Town of Southold had no hope whatsoever. We didn't even have hope of an
extension. The people were left with nothing other the cost of trucking garbage
out of town, and with the emptyness of a promise, that we would have a plan in
place. In considering that seven months have passed, an additional seven months,
and we've taken no further steps towards the plan. There's a reason that we can't
continue to support this lawsuit. It's time that we worked on garbage, not on
hiring lawyers, and paying lawyer bills.
SUPERVISOR HARRIS: I'm going to cpntinue with the vote, and the resolutions.
However, Ellen, I'm not going to sit h~re and make remarks that are so inaccurate
it's hard to believe that you're making them after voting for resolutions in the
past defending this town, however, you continue to make so, and including state-
ments that you have made just recently you have started the political shots,
obviously very early this year, and those shots are aimed at sinking economically
Southold Town, so I hope you're proud of your actions. Now, let's move on.
14.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
resolution no. 12, adopted on May 21, 1991, accepting the bid of Chemung Supply
Corporation for supplying the Southold Town Highway Department with 100 foot
linear rolls of Snow Fence for the bid price of $42.37 per roll, whereas when Super-
intendent of Highways Jacobs attempted to place an order for the Snow Fence,
Chemung refused to honor the price.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of 10,000 linear feet
of Snow Fence with pickets, in 100 linear foot rolls (more or less as may be needed),
for the Southold Town Highway Department.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Super'visor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
revised amount of $144,170.00 for a bond for roads and 'mprovements in the major
subdivision of "Cornfields" at Southold, all in accordance with the recommendation
of the Southold Town Planning Board and James A. Richter, Engineering Inspector.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $40.00 for the July 25, 1991 Fishing Program;
said charge to be made to A7320.4, Joint Youth, Contractual Expenses; check made
payable to Cornell Cooperative Extension, Suffolk County.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolutior~ was declared duly ADOPTED.
JULY 17, 1991
21
18.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town fo $outhold hereby approves the
following amounts for performance bonds for roads and improvements in the Southold
Villas subdivision, all in accordance with the recommendation of the Southold Town
Planning Board and Engineering Inspector Richter: Phase I $426,455.00; Phase
2 - $50,550.00.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
AMENDED December 10, 1992 by Resolutions 229
.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby deems complete
the Draft Environmental Impact Statement as submitted by Jem Realty Company
with respect to their petition for a change of zone on certain property located at
the North Road, Greenport, from (1) "R-80" Residential Low Density District (2-acre
minimum) to "HD" Hamlet Density District, and from (2) "R-80" Residential Low
Density District to "R-40" Residential Low Density District (1-acre minimum); and
be it further
RESOLVED that the comments on this Draft Environmental Impact Statement are
requested and will be accepted by the Town Clerk until Auqust 2, 1991, or ten
(10) days after the close of the public hearing, whichever ~ast occurs; and be
it further
RESOLVED that the Town Board hereby sets 4:30 P.M., Tuesday, August 13, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearing on the Draft Environme.ntal Impact Statement submitted by Jem
Realty Company.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby deems complete
the Draft Environmental Impact Statement as submitted by E. M. Kontokosta with
respect to his petition for a ~nge of zone on certain property located at the west
side of Boisseau Avenue, south of Middle Road, Southold, from "R-80" Residential
Low-Density District (2-acre minimum) to "HD" Hamlet Density District; and be
it further
RESOLVED that comments on this Draft Environmental Impact Statement are requested
and will be accepted by the Town Clerk until August 2, 1991, or ten (10) day
after the close of the public hearing, whichever last occurs; and be it further
RESOLVED that the Town Board hereby set 4:35 P.M., Tuesday, Auc~ust 13~ 1991,
Southold Town Hall, Main Road, $outhold, New York, as time and place for a
public hearincj on the Draft Environmental Impact Statement submitted by E. M.
Kontokosta.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for volunteers to work on the recycling educa-
tion program at the Landfill, and with the local carters.
21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We hope there will be many volunteers to come forth to
help with the mandatory recycling the Town has put in place. The education is
needed, and we hope that there are people out there, who are willing to commit
themselves to help Southold Town in this endeavor.
22.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of
the Code of the Town of Southold, notice is hereby given that 'the Southold Town
Board, in conducting an uncoordinated review of this unlisted action, has deter-
mined that there will be no significant effect on the environment.
JULY 17, 1991
DESCRIPTION OF ACTION: Proposed "Local Law in Relation to Hotel or Motel Uses",
which provides that a minimum o~ three (3) acres shall be required for Hotel or
Motel uses in the General Business District. This amendment has been determined
not to have a significant effect on the environment because an Environmental Assess-
ment Form has been submitted and reviewed and the Town Board has concluded
that no significant adverse effect to the environment is likely to occur should the
amendment be implemented as planned.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Justice Edwards, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local law in Relation to Hotel or Motel Uses";
now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the Southold Town Plannincj Board and the
Suffolk County Department of Planning in accordance with the Code of the Town
of Southold and the Suffolk County Charter. Said proposed Local law reads as follows:
A Local Law in Relation to Hotel or Motel Uses
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-I01(B)(2) is he~'eby amended to read as follows:
2. Hotel or motel uses a~ set forth in and regulated by
Section 100-61B(4) of the Resort Residential .(RR) District,
except that the minimum lot size shall be three (3) acres.
II. This Local Law shall take effect upon its filing with the Secretary of State.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Mbved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution No. 27, adopted on June 4, 1991, to read as follows: "RESOLVED that
the Town Board of the Town of Southoid hereby appoint Mary Louise Santacroce
to the position of Exempt Secretary to the Town Attorney, effective June 4, 1991
at a salary of $21,939.41 per annum, to be increased to $25,000.00 per annum,
effective July 11, 1991.
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Supervisor Harris, seconded'by Justice Edwards, it was
RESOLVED that the Town Board of the Towm of Southold hereby appoints Kevin
J. L~/nch a Southold Town Police Sergeant, effective July 18, 1991, at a base salary
of $52,493.00 per annum (1990 base, as new contract is n6t in-~ffe'ct).
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Gretchen
Tuthill as a Beach Attendant for the remainder of the 1991 summer season, effective
immediately, at a salary of $5.83 per hour.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time we'll go off our regularly scheduled agenda,
and go into public hearings. I need a motion to recess.
Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that a recess be called at this time, 8:00 P.M., fo~ the purpose of
holding public hearings.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 8:15 P.M.
JULY 17, 1991
23
SUPERVISOR HARRIS: At this time, does the Board want to move on the two
public hearings, that we had this evening?
27.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, a proposed Local law No. I6 - 1991 entitled, "A Local Law in Relation
to Off Street Parking Regulations" was introduced at a n~eeting of this Board on
the 18th day of June, 1991; and
WHEREAS, this proposed Local Law was referred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their recommendations;
and
WHEREAS, a public hearing was held thereon by this Board on the 17th day of
July, 1991, at which time all interested persons were given an opportunity to be
heard; now, therefore, be it
RESOLVED that Local Law ,No. 16 - 1991 be enacted as follows:
LOCAL LAW NO. 16 - 1991
A Local 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:
(a) One (1) commercial vehicle not exceeding t-we~¥--five-(-~5)
.°efut~ie~o'e-i~--a~-~e~i~-di~-t~-ift. twenty (20) feet
~n any residence district except that one (1) commercial
vehicle not exceeding twnet¥-five (25) feet in length may
be parked in the driveway on an occupied lot in any
residence district provided that the owner of the occupied
lot has continuously maintained title to such vehicle since
the date of the enactment of this amendment.
II. This Local Law shall take effect upon its filing with the Secretary of State.
*Overstrike represents deletion(s)
**Underscore represents addition(s)
~7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 17 - 1991 entitled, "A Local Law in Relation to
Sign Regulations" was introduced at a meeting of this Board on the 18th day of
June, 1991; and
WHEREAS, this proposed Local Law was r~ferred to the Southold Town Planning
Board and the Suffolk County Department of Planning for their recommendations;and
WHEREAS, a public hearing was held thereon by this Board on the 17th day of
July, 1991, at which time all interested persons were given an opportunity to be
heard; now, therefore, be it
RESOLVED that Local Law No. 17 - 1991 be enacted as follows:
LOCAL LAW NO 17 - 1991
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 ony
names or professional signs each not more than two (2) square
feet in area. containing only name and professional designation
as defined under Home Professional Office as set forth in this
article; each nameplate and/or professional sign 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 additions(s)
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
JULY 17, 1991
SUPERVISOR HARRIS: The action on the last two resolutions were the result of
a public information meeting, that was held a number of months ago, and the imput
from that meeting was taken forth, and enacted by the wishes of the people. At
this time are there any members of the audience, that would like to address this
Board on any issue that you may feel of concern? Yes?
DOROTHY PHILLIPS: My name is Dorothy Phillips, and I'd like to address the
comments, that were made by Councilman Penny, and Councilman Latson at the
last Legislative Meeting, which I attended. Who decides? Councilman Penny and
Councilwoman Latson have vigorously declaimed that the baymen and tradespeople
have a right to the privilege they receive from the Home Occupation Law, but what
is a right? As defined in the Christian Science Monitor, which is a reputable news-
paper, a right is an activity or status protected by law. It it is part of the inviolable
space to which every person is entitled as a member of a free society. Other
residents of the Town of Southold have the right to legally protected zomng, a
right which the Town Board in its wisdom, has declared irrelevent to the current
controversy. The baymen and tradespeople have had their right protected by law.
The residents have had their zoning degraded without due process. Since rights
involve choosing among interest, the question becomes, who gets to choose, the
Town Board or the judges? The answer is the judges. Inevitably this confusion
of rights must come to the courts where the injustices to many in the community
must be weighted. At the Legislative Committee meetings members of the Town
Board are trying to appease the complaining public by amending this law. At the
same time they are assidiously courting constituents who will year after year per-
petuate them in office. The remainden.,of our citizens soak up summer sun, entertain
friends and relative, and wallow in indifference since they have forgotten the issues
at hand. Whose rights prevail and who decides? These are the questions. I have
sent this letter to the Traveler-Watchman, and I'm giving you a copy. Rights are
rights.
COUNCILWOMAN LATSON: Thank you, Mrs. Phillips. I think you failed to point
out that theses laws were supported by the majority of the Town Board, that every
member of the Town Board supported. I was just pointing out to Mrs. Phillips,
altl~ough I have no problem being associated with the Home Occupation Law, that
the Law was supported by every member of the Town Board.
COUNCILMAN PENNY: The statement about rights was not emanated from Ellen,
and from myself. It came as a result of a discussion with the Town Board at
many times during the Home Occupation Law. Some of the meetings in the early
fall where we came to the Town Board, and discussed how the Town Board wanted
to approach this. The question, that the Town Board resolved at many times was
were we going to address this as a right for these people, or were we going to
address this as a priviledge? The Town Board by consensus, as we always operate,
because that's the only way anything ever gets passed, decided to address this
as a right. I don't understand why there would be confusion in that, at this time,
because it's something we have dealt with many, many times. I understand that
not everybody is going to agree with this, but this was by consensus. This was
not something that emanated from Ellen and I. It was the entire Town Board. Thank
you.
DOROTHY PHILLIPS: You reinterated them at the Legislative meeting.
COUNCILMAN PENNY: Yes, I did.
COUNCILWOMAN LATSON: And I certainly reinterated it as well.
SUPERVISOR HARRIS: Are there any members of the audience, that would like
to address any other issue in front of this Town Board at this time. Yes?
BETTY PRUSSNER: My name is Betty Pressler. Mr. Supervisor, and members
of the Southold Town Board, I would like to present to you a problem, which the
residents of Old Shipyard Lane, Founders Path, and many of our neighbors in
that surrounding area have, and it is the cat problem. We have a neighbor on
our street, that has a least twelve cats. The house in back of him has at least
eight cats. Now, this presents a problem, which I do not thinR we should be
subjected to. First of all, my husband and I can not sit in our back yard, or
our front yard, because of the urination, and feces, that we have to clean up
daily. I have a very sensitive stomache, and we can't even sit .there. Now it
has come to the problem that we have to close our windows at night. I can't get
any fresh air, because of the urination of the cats. Not only is that the problem,
but they are awake at night, and they are always, always, having fights. Now
the cats have kittens. Now they are reproducin9. Now, they have a litter about
six months old. Now, they have another litter, that are now three months old.
I've tried to address this problem myself by going to different organizations. First,
JULY 17, 1991
2¸5
I went to the Dog Warden, who said they have no laws against cats. Then I went
to the Police Department, and filed a report. They were very cooperative, and
they sent an officer down to our home, who went all around my house, the front
and the back, and he said, I don't know how you can stand i't. He said, I couldn't
do it either, but he said, we have no law. Then I was advised to go to the Animal
Control. I thought could help out. Nothing. Then I was advised to go to the
ASPCA, and I finally went to the Board of Health, who also said they couldn't,
but they advised us to come to the Town Board to please enact a law about limiting
the number of cats in a household. 1 can understand people with one or two cats,
but not when there are two houses that have twenty. The people feed them, and
this has been going on for five years. We tried to make a reconstruction to our
home, we had to order cedar panaling twice, because the first shipment was ruined
by the cats. The mason had to reorder a sand order, as the first was spoiled,
also, by the cats. We are at our wits end, because we have tried every way,
and nothing seems to be done. We bought all kinds of cat repellent, which is almost
as bad as the aroma from the cats. We're at a standstill now. Now, other neighbors
are here with me from Old Shipyard Lane, and they have problems, too, but it
seems to me that some kind of a law should be enacted to either license cats, or
at least limit the number that are in homes.
SUPERVISOR HARRIS: Thank you.
BETTY GOLDSMITH: I'm Betty Goldsmith, and I live between the two houses,
also, and at this point it's getting to be a health hazard for the entire neighborhood.
I live next door. My boys can not even play on the property playing soccer, or
anything like that, because there's st~'ff all over the place. We have cars that
are parked in the driveway. Every morning that's all you find of cat prints all
over the hood. The back of my car has been scratched. We have a pool that
in wintertime, we've had to replace the balloon on the side of the pool over and
over again, because they scratched them, and they punctured them. It's not just
a matter of these people feeding these pets, but they are not healthy. You look
at them, the kittens, they're oozing, they're iust in deplorable shape. We've had
dogs, that have had to licensed, they've had to be on a leash. We've had to have
shots. In the meantime, the whole neighborhood is in jeopardy. The lady that
was here with the two children, she can not let her children play out in the front
yard for fear that they will fall into the cat excretion, that's all over the place.
They have a sand pile in the back, that they have put screening on. They have
done absolutely everything, that the two little boys can no longer use, because
of the cats. Neighbors have put grating on all their plants, and everything else,
because it's such a problem. My rn~n said twenty cats, it's really a lot more than
that, and it really at this point is a health hazard. I mean it's fine one of the
neighbors had the cats neutered, but that's still not taking care of the problem,
and this problem has been since they closed the Founders Landing Wharf House,
and the cats wandered down. They're being fed in garbage can covers with water,
and food, and when it's time for them to come it's unbelievable. As I say, there's
nobody objecting to somebody having one or two cats, but when you have twenty
and thirty between the two houses, that are causing the problems that these are,
and Mr. Rizzo who's in our area, he has taken pictures. He has written. He
has done everything himself, and if this means that nothing is happening, and
the neighborhood is at the point where something has got to be done.
COUNCILWOMAN LATSON: Have you spoke with the neighbors, Betty?
BETTY GOLDSMITH: I have, and I'm not sure but I believe there's a lawsuit,
and these people claim they're not their cats. Which they may not be their cats,
but they are still feeding them. You don't leave your garage door open, that the
cats are going in there. The rest of us, if my boys open the door to get out
the bicycle, they've got to close the garage door immediately, because if they don't
the cats will be running in. When we walk out of our back door, you have to
doublecheck to see that the screen door on the porch is closed, because if you
don't the cats are going to be in there. I mean, it's just a problem that unless
you drive around the neighborhood, and you talk to some of the people, you can't
just can't believe what we have to put up with.
COUNCILMAN PENNY: These neighbors claim no ownership to these cats at all?
BETTY GOLDSMITH: No, they claim they're not their cats.
TOWN ATTORNEY ARNOFF: So, they're essentially strays, that have settled in
because someone is feeding them?
BETTY GOLDSMITH: They are feeding them, but they have some of their own.
COUNCILWOMAN LATSON: We're currently..earlier last week we sat down with the
North Fork Animal Welfare League to discuss their contract. They have a contract
with the Town. You're right, Mrs. Prussner, there is no law on the books regarding
cats in the town. I don't think any of us are really familar, maybe someone on
the Board is, what kind of legislation you could put in place. However, we received
a letter from the Kenny's Beach Civic Association this past week, stating that they
have a unbelievable problem with cats in their area, and evidently they are cropping
up in many areas throughout the town, and when I asked the people in the North
Fork Animal Welfare League how many stray cats do you think there are in the
town? They said there are literally thousands of them, and the only solution that
we haven't even begun to work on, that's even possible, is getting these animals
spayed, and that begins to bring the population under control, but that doesnmt
eliminate your problem.
HELEN PRINCE: Helen Prince. I have a thirteen foot circular rose garden, and
five or six years ago I had to put little square grills around in the garden, and
I layed that in there, and I had to put bricks, and when the cats couldn't get
in there, it's on the lawn, right on the lawn. So, now we keep a shovel there,
so that it can be taken up every day. We can't walk in our yard. It stinks. One
time we were away for two weeks before I put these grills in. We came back and
you couldn't smell a rose. You only smelled cats. They come by every day. There's
no way of stopping them, and it's a health hazard. The reason we have these
cats is because they cemented up under the Wharf House, all the cats ran out,
then they cemented it shut. Then finally they come to people, who made friends
them, and they just feed them, and feed them, and feed them. Why can't the
town pick up, and take them to the Shelter?
SUPERVISOR HARRIS: Thank you, Mrs. Prince.
BETTY PRUSSNER: The house that's in the back of the one that has at least five,
they do own at least the eight, so they are owners of at least eight.
COUNCILWOMAN OLIVA: Are those cats spayed, or neutered, the eight?
BETTY PRUSSNER: That I don't know, because it doesn't eliminate the problem,
whether they're spayed or not, it doesn't eliminate the problem of the exploratory
system, and that's what I'm complaining about. They don't keep them home. They
just let them roam, and as I said we can't even open our window. Now, in the
summertime I think that's disgraceful, that we can't have fresh air, because of
the smell, and can't even go in the front yard, and every morning we're cleaning
the front yard, and the back yard, and can't sleep at night, so something has
to be done, and asking what you would suggest to do, or enact a law of [imitation. ·
COUNCILWOMAN LATSON: The magnitude of this problem is just being brought
to our attention now, so we will take it under advisement, and we will be meeting,
as I said with the North Fork Animal Welfare League, who works with conjunction
with the Town in handling dogs, and see if we can come up with..see if we can
find a role for the Town, or if there's something we can come up to do to solve
these problems.
HELEN PRINCE: If you could remove the cats that are stray cats, and put them
at the Animal Shelter. See they are wild.
COUNCILWOMAN LATSON: We don't have aco0mrmdations at the Animal Shelter for
cats. Then if becomes a question of who is going to pay for it. I don't think
we can make those decisions, or give you those answers right now, but it's certainly
something we can certainly take into consideration, and start under discussion.
BETTY GOLDSMITH: Well, I think think they could certainly consider the cats,
that are diseased being put to sleep. That's what's spreading the disease all over
the place.
COUNCILWOMAN LATSON: We can't have a health threat.
SUPERVISOR HARRIS: Mrs. Goldsmith, this has been brought to my attention
a number of times already, including Ron Rizzo. I have written numerous letters
for him to all the agencies, and every agency said there's absolutely nothing that
can be done from the State of New York all the way down to the Commissioner of
Health. So there's absolutely nothing that can be done with the population of stray
cats, that exist throughout New York State, and in Suffolk County. Nobody will
take responsibility. There's no budget for any of this. There's no direction being
taken, and it seems to be that everytime a letter is written it's very easy for some
other agency to shift the burden, and say, well talk to your town. Well, the Town
doesn't have finances for this. The Town doesn't have any experts in this field.
When it comes to dog control, or cat control, we have a dog control officers, that
are employed privately by the North Fork Animal Welfare League. The only thing
that they are allowed to receive up at the Shelter are dogs due to the Department
of Agriculture rules and regulations right now, although they are shelter, and
as Councilwoman Latson said, we are trying to work on a system. Maybe the Town
in conjunction with the Shelter can days where neutering could take place, or
spayed of cats in conjunction with Dr. Zitek, and the North Fork Animal Hospital,
and maybe we could work on a fee schedule for those individuals, and set that
up. That certainly is something that worth exploring, and will continue to explore.
Dr. Redden wanted to address the Board a minute ago. Do you still want to say
anything at this time? I'm sorry, I thought you were finished.
BETTY PRUSSNER: I would appreciate it, anything you can do, the Health Depart-
ment could come to you people, so even if Southold is the first to enact a law about
at least a limitation in a home, or license them, or at least have them put a lease.
They said for us to come to the Town Board, and get some legislatio.n. Southold
could be first to have something. Something has to be done, because we're taxpayers
and residents, and we certainly should be able to sleep at night.
SUPERVISOR HARRIS: I personally feel that the Suffolk County Health Department,
it's a health issue, and there should be something they're addressing. They refuse
to address it, and all they're doing is saying let somebody else worry about it.
I still feel that your County tax dollan~, the Commissioner of Health is to help health
hazard that exists in this town. That's what we look to when there's a health
problem.
BETTY PRUSSNER: Who's going to do something about it?
SUPERVISOR HARRIS: As I said, we're going to try to address it in the best
way we can economically, considering the finances that everybody is in right now.
BETTY PRUSSNER: It would cost anything to enact a law about the limitation of
the cats.
SUPERVISOR HARRIS: Again, I'll let the Town Attorney do some research to find
the legality of that. We have no problem researching, and looking into that area,
but let me, again, if you're finished, I'd like to recognize Dr. Redden.
BETTY PRUSSNER: As I said the problem is the excretion, and that doesn't cost
anything except to enact a law to limit the number of cats, or something, because
it's not fair to the people, and the surrounding areas. We're surrounded by twenty
cats in two houses. All the people I know say that's not nice, so I hope you'll
find some way to enact a law, or something to help us, because I've gone everywhere
for help, and now I'm asking the Town Board to do something.
SUPERVISOR HARRIS: I understand your frustration, because ! have done the
same, and al I get is the same answers that you do. Nobody is willing to look
into the problem. They recognize it,. but nobody will address it. Even the Depart-
ment of Agriculture refuses to address it at this time, so we certainly will keep
working on it, as all the other towns in Suffolk County are doing to try to work
on this problem, especially ones on the East End where stray cats certainly are
a problem.
BETTY PRUSSNER: Well, if you can do it with dogs, why can't you do it with
cats?
SUPERVISOR HARRIS: Dogs can be licensed by the Department of Agriculture
by State Law, cats can not.
BETTY PRUSSNER: Supposing they start something like that.
SUPERVISOR HARRIS: That would be something you certainly could ask your
Legislator, Representatives about, start legislation there. Yes?
MILDRED BOYCE: Mildred 13oyce, President of the North Fork Animal Welfare
League. I'm really pleased that th'~ problem came up tonight, because it's a
problem that we face every day, especially our cat care chairperson, Dorothy
Redden, who is working single handedly to do as much as she can to eleviate the
problem of stray cats. I do want to say, that the problem of st~ay cats is a world-
wide problem. It isn't only Southold Town. It's all over the state. It's all over
the country, and it's all over the world. Anyone that's traveled can tell you.
The solutions are not simple. The long term solution is really Iow cost spaying,
and neutering, which is being done now to dogs, and dog population in shelters
all over the country are gradually starting to go down. Cats, people don't seem
to pay attention, because cats relatively unseen except when they are in the
neighborhood, and they are in great numbers, problems with destruction r and so
forth, and breeding I~ecome apparent. But, they are behind all our restaurants
and they do breed, and there are many, mar~y kittens, particularly at this time
of the year. It's a very great problem, and I think it's good that it came up
this evening, and I think we all have to put our heads together. The long term
solution is, really, a massive spaying and neutering program. It doesn't control
the population overnight. It would take some years, but in the long run there
would be a difference. I'm glad the problem came up. I know we mentioned that
we had discussed this already, but many people don't see the problem.
SUPERVISOR HARRIS: Thank you. All the way in the back?
LUCY KATZ: My name is Lucy Katz. I moved here from Stuart Manor a year ago.
Ten years ago Stuart Manor enacted a~law limiting the amount of cats that people
could have. There were a tremendous' amount of problems, a lot of bad feelings,
and eventually very quietly the trapping of people's cats stopped. Fortunately,
back in Nassau County in some areas, people began to realize that cats should
remain inside, and they themselves limited two to three cats. I happen to be speak-
ing last week to a group that I belong to before I came out here called the Long
Island Coalition for Animals. It's very ironic that this is your problem. Apparently
the problem is so big in Nassau and Suffolk Counties, that all the shelters, or
a good amount of them are getting together to discuss this problem, and to bring
some kind of legislation, however, cat licensing is one of the things because this
day and age when there is no money the only way to bring some money to solve
these problems is through cat licensing. I spoke with them last week, and said
I was interested in going to the meetings. They apparently are going to put some
kind of legislation on a bill, which has something to do rabies. It is a very big
problem, and there is something being done. Perhaps this shelter would be interested
in having somebody attend some of the meetings to see what kind of solutions will
be. That's the information that I was given.
SUPERVISOR HARRIS: Thank you, Ms. Katz. That information was very helpful.
Is there any other member of the audience that would like to address this Town
Board on any other issue at this time? If not, I'll entertain a motion to adjourn.
(No response.)
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board be and hereby is adjourned at 8:45 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.