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SOUTHOLD TOWN BOARD
SEPTEMBER 10, 1991
WORK SESSION
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 Attorney Harvey A. Arnoff, Assistant Town
Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:45 a.m. For Discussion Items: (1) Request by Andrew Gallagher for a refund
of $25.00 fee for landfill permit (see resolution no. 18). (2) Letter from W. H.
Lieblein, Port of Egypt Marine, Inc., requesting-the Town to consider selling a
triangular piece of property on the south side of Route 25, Southold. Following a
search of the records it is apparent this property is now owned by the State of New
York. Town Attorney will notify Mr. Lieblein of the findings. (3) Reappointment
of members of the Tree Committee (see resolution no. 19). One member of the
Committee declined reappointment, and there is currently one vacancy, therefore
the board decided to advertise for applicants to fill the vacancy (see resolution no.
20). (4) Discussed receipt of final draft plans and specifications for repairs to
the $outhold Scavenger Waste Treatment Plant as prepared by Cameron Engineering,
P.C. A meeting will be scheduled with Cameron, Peconic Associates, and
representatives of the Village of Greenport at the September 24th work session. (5)
Extended to September 24th authorization to accept; without charge, brush, leaves,
grees, and stumps from the destruction caused by Hurricane Bob (see resolution
no. 21). (6) Appointment of Hilary Jersey as a part-time Clerk Typist in the
Town Clerk's office to replace Jane Blados who transferred to the Building
Department (see resolution no. 22). Appointment of Linell Gaipa as a part-time Clerk
to work, on the Records Management Program for the Town Clerk's office (see
resolution no. 23).
10:05 a.m. - Meeting with Charles Voorhis, Cramer, Voorhis & Associates, the
Town's consultant with respect to the environmental process for two change of zone
petitions Jem Commons and Southold Commons. Also in attendance was E.M.
Kontokosta, owner of the parcels in question. Mr. -Voorhis agreed to prepare the
comments needed for the preparation of the Final ElS by September 13th.
11:10 a.m. - Tony Conetta, Dvirka & Bartilucci, the Town's consultant for theSolid
Waste Management Plan, met with 'the Board to discuss the plans for the transfer
and recycling station at the Landfill. The next step is the final design of the
building and DEC permit applications.
EXECUTIVE SESSION
11:50 a.m. - On motion of Councilman Wickham, seconded by Councilwoman Oliva,
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.. The Board met with
Planning Board Chairman Bennett Orlowski, Jr., and members G. Ritchie Latham
and Mark McDonald, to discuss the Master Plan litigation lawsuit.
12:55 p.m. - Justice Edwards discussed the need for a meeting to discuss the 1992
Budget preparation for the operation of the Fishers Island Garbage and Refuse
District. A meeting will be scheduled with Supervisor Harris, Town Attorney
Arnoffr Justice Edwardsf and members of the Garbage.and Refuse District.
1:00 p.m. - Recess for lunch.
2:00 p.m. - Audit of bills.
EXECUTIVE SESSION
2:30 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 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.---The Board met with Frank
Yakaboski, their attorney for . the Zahra lawsuit.---The Board also discussed
personnel, the Landfill litigation, and contract negotiations.
3:45 p.m. For Discussion Items continued: (7) Letter from Southampton Town
Supervisor Stavropoulos concerning the increases Suffolk County sales tax, and
Justice Court mandated surcharges (see resolutions 25 & 26). (8) Transmittal from
the Long Island Farm B'ureau, Inc. concerning "The Farmers' Bill of Rights" - to
be referred to the Land Preservation Committee. (9) Proposed Local Law in
Relation to Water-skiers in Hay Harbor, Fishers Island, presented by Assistant Town
Attorney Kiernar~ on behalf of the Fishers Island Civic Association. They wish the
300 foot limit from the shore by skiers to be reduced to 50 feet. Before moving
forward on this the Town Attorney will research the Navigation Law. (10) Letter
from Affordable Housing Program Administrator McMahon asking the Town Board to
reconsider the application of Chris and Lorraine Stavropoulis for an affordable
housing unit at Cedarfields, Greenport. Mr. and Mrs. Stavropoulis will be invited
to the September 24th Town Board work session.
3:50 p.m.
Meeting.
Reviewed resolutions to be voted upon at the 4:00 p.m. Regular
3:59 p.m. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, September
10, 1991, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 4:00 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. Arnoff
SUPERVISOR HARRIS: A need a motion to approve the audit of the bills for
September 10, 1991.
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the following audited~ bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of $53,891.17; General Fund Part Town bills
in the amount of $44,300.20; Nutrition Fund bills in the amount of $2,911.13; Home
Aide Program bills in the amount of $55.20; SNAP Program bills in the amount of
$2,945.88; EISEP Program bills in the amount of $160.60; Highway Fund WhOle Town
bills in the amount of $2,775.73; Highway Fund Part Town bills in the amount of
$9,294.32; CHIPS (Highway Part Town) bills in the amount of $7,233.54; Capital
Projects Account bills in the amount of $50,000.00; Fuel Tanks and Police Building
bills in the amount of $1,917.17; Employee Health Benefit Plan bills in the amount
of $44..959.42; Fishers Island Ferry District bills in the amount of $7,146.67; Fishers
Island Sewer District bills in the amount of $320.83; West Greenport Water District
bills in the amount of $1,107.00; Southold Agency & Trust bills in the amount of
$263.79; Fishers Island Ferry District Agency & Trust bills in the amount of
$675.84.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwomar~ Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I need a motion to approve the minutes of August 27, 1991,
Town Board minutes.
Moved by Councilwoman Oliva, seconded by Justice Edwards~ it was
RESOLVED that the minutes of the Aucjust 27, 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 to approve September 24, 1991, 7:30 P.M.,
as the next regularly Southold Town Board meeting.
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the next recjular meetinc, t of the Southold Town Board will be held
at 7:30 P.M., Tuesday, September 24, 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: I have a resolution, which is proclaiming September 21,
199I, through October 14, 1991, as Coastweeks in the Town of Southold, arid in
reference to that, because of all that's been going on with many proceeding in
Southold Town, when it dealswith our waterfront, and our Local Waterfront
Revitalization Plans, and the Critical Environmental Areas, when it comesto Peconic
Bay Estuary, and the Long Island Sound Study, and so on, we have this proclama-
tion.
SEPTEMBER 10, 1991
Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, the Town of Southold has a varied coastline of rocky shores, sandy
beaches, productive estuaries and salt marshes, urban ports and small harbors,
tidal flats, and dozens of islands; and
WHEREAS, the coast has provided us with a rich scenic, cultural and historical
heritage; and
WHEREAS, the natural resources of the coastal zone are among our most valuable
economic resources; and
WHEREAS, the marine environment is one of the most valuable resources supporting
an active fishing industry; and
WHEREAS, coastal landforms, especially barrier beaches, provide sufficient protec-
tion from coastal storms, flooding and erosion; and ~
WHEREAS, we are strongly committed to the wise management of the coastline to
insure for all the residents that the environmental and economic value of the coastal
zone will be sustained; and
WHEREAS, the coastline is also receiving nationwide recognition during the months
of September and October; now, therefore, be it
RESOLVED that the Town Board of the Town of So_uthold hereby Pr~oclaims the weeks
from Sepember 21, 1991 through October 14, 1991 as COASTWEEKS.;.~in the Town of
Southold,. and urge all citizens to take cognizance of this event and to participate
fittingly in its observances.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1. Southold Town Building Department Report for month of July, 1991.
2. Southold Town Planning Board Monthy Report for August, 1991.
3. Southold Town Dog Shelter Month,/ Report for August, 1991.
4. Southold Town Building Department Report for month of August, 1991.
5. Southold Town Recreation Department Monthly Report for August, 1991.
6. Scavenger Waste Treatment Facility Monthly Report for August, 1991.
7. Southold Town Justice Tedeschi Monthly Report for August, 1991.
8. Lawrence Healthcare CSEA Benefit Fund Report for August, 1991.
9. Lawrence Healthcare PBA Benefit Fund Report for August, 1991.
10. General Wholesaler Report on Vending Machines.
11. Southold Town Clerk's Report.
12. Southold Town Police Department Report fo August, 1991.
13. Councilman's Report.
14. Supervisor's Report.
II. PUBLIC NOTICES.
1. Notice of Joint Public Hearing on Local Industrial Development Agencies,
Tuesday, Ocatober 22, 1991, 10:30. A.M., Veterans of Foreign War Hall, 320 South
Broadway, Hicksville, New York.
2. Southold Town Board of Town Trustees adopting an emergency closure of
all Town Creeks and land underwater under the jurisdiction of the Town Trustees
with restricitons on the placement of harvesting gear for the purpose of taking bay
scallops.
3. Notice of Public Hearing to present and discuss the draft of a new Suffolk
County Master Plan at the Southold Town Hall on September 12, 1991, at 7:00 P.M.
III. COMMUNICATIONS.
1. John C. W. Campbell thanking Supervisor Harris, and his staff for
their help.
2. Madeline Grosso, Election Co-Ordinator of Suffolk County Board of Elections
commending the staff at Town Hall.
3. Nancy Scholtz, President of the Board of Trustees Mattituck Free Library,
thanking the Town for their support.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, is there any member of the audience, that
would like to address this Board on any resolution, that we'll be enacting in the
next few minutes? (No response.) If not, we'll proceed to the next resolution.
"84 SEPTEMBER 10, 1991
1.-Moved by Councilwoman Latson, seconded by Councilwoman Latson, it was
RESOLVED that the Town Boa~J of the Town of Southold hereby authorizes the
Town Clerk to advertise for bids for the following items for 1992:
Milk for the Nutrition Center
Police Department Uniform Clothing
Cleaning of Uniforms of Members of Police Department
Sale and Removal of Scrap Paper from Landfill
'Sale and Removal of Scrap Metal from Landfill
Sale and Removal of Scrap Tires from Landfill
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel for Highway Department and Landfill Site
Removal and Disposal of Household Hazardous Wastes from Collection Center
1.-Vote of the Town Board: Ayes: Coun'cilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $375.00 for the October 19, 1991 circus and
magic show; said charge to be made to A7320.4, Joint Youth, Contratual Expenses;
check made payable to The National Circus Project.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, S'upervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, 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 $2,115.00 (47 tickets at $45.00 each) for the
June, 1992 Pocono 500 bus trip; said charge to be made to A7320.4, Joint Youth
Contractual Expenses; check made payable to Pocono Raceway.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman I_atson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ budget modification to the General Fund - Whole Town 1991 Budc, let to
(a) provide for purchase of a used truck for the Landfill, and (b) provide for
hazardous waste removal:
To:
A8160.2 Refuse & Garbage~, Equipment $ 8,000.00 (a)
A8510.4 Stop Program, Contractual Expenses 15,000.00 (b)
From:
A8160.4 Refuse & Garbage, Contractual Expenses $ 23,000.00
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 Judge Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 budc, let modification to the General Fund - Whole Town 1991 Budget to
cover the following unbudgeted items: Personal Services: Denise Conti-$400.00;
Carleen Graseck-$2,100.00. Contractual Expenses: Justice Court Software
Maintenance-S1,800.00; Quietwriter Ribbons-S2,450.00; IBM Equipment-S1,250.00.
To:
A1680.1 Central Data Processing, Personal Services $ 2,500.00
A1680.4 Central Data Processing, Contractual Expenses 5,500.00
From:
A1310.1 Accounting & Finance, Personal Services $ 8,000.00
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, ,:Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 modification to the General Fund - Part Town 1991 Budget to appropriate
funds for Smith, Finkelstein,' Lundberg, Isler and Yakaboski, Attorneys and
Counselors at Law, for legal fees relating to Matt-A-Marr litigation-S1,294.25, and
Zahra litigation-S8,320.74:
SEPTEMBER 10, 1991
85
To .'
B1420.4
From:
Town Attorney, Contractual Expenses
$ 9,316.19
B3620.4 Safety Inspection, Contractual Expenses $ 3,021.94
B8010.4 Zoning, Contractual Expenses 1,294.25
B9050.8 Unemployment Insurance 5,000.00
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 Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of.the Town of Southold hereby authorizes the
followinc, l modification to the General Fund - Part Town 1991 Budget to appropriate
funds to cover Police retirement billing due on December 15, 1991:
To:
B9015.8 Fire & Police Retirement $ 40,000.00
From:
B9010.8 New York State Retirement $ 40,000.00
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.
8.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the application of Joseph F. Barszczewski, Jr. for renewal of his
storac~e trailer permit, for trailer located on Kerwin Boulevard, Greenport, which
permit expires on October 7, 1991, be and hereby is ~ranted for a six (6) month
period.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby transfers Jane Blados,
. part-time Clerk Typist in the Town Clerk's Office, to the position of part-time Clerk
Typist in the Building Department, effective immediately, 17-1/2 hours per week,
$7.00 per hour.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of. Southold hereby aUthorizes the
closure of Case's Lane, Cutchogue, between the Village Green and the Library,
from 9:00 a.m. and 5:00 p.m., Saturday, October 5, 1991, as a safety precaution
during the annual Harvest Festival being presented by the Mattituck Lioness Club
on the Cutchogue Village Green, Main Road, Cutchogue, New York, 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.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1lo-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
issuance of a check in the amount of $245.00 for a one-year membership to the
Brookhaven YMCA, to enable Recreation Director Kenneth Reeves to keep up to date
and receive information on lifesaving techniques for next year's lifeguard training
program; check made payable to Brookhaven-Roe YMCA; said charge to' be made to
A7320.4, Joint Youth, Contractual Expenses.
11.-Vote of the Town Board: Ayes: CounciLman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, 'Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1991 budqet modification to the General Fu~td - Whole Town to cover loss
of funds due to the reduction in the NYS Office for the Aging Recreation Program
for the Elderly Grant (this money will be put back in the 1991 Budget as there will
be a charge for the three (3) senior bus trips this fall):
From:
A7020.4 Recreation Administration, Contractual Expenses $ 1,500.00
A7180.1 13each~s, Personal Services $ 1,000.00
86 SEPTEMBER 10, 1991
To:
A7620.4 Adult Recreation, Contractual Expenses $ 2,500.00
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duty ADOPTED.
COUNCILWOMAN LATSON: Can I just comment on that? That grant from tl~e State
to the Elderly was cut this year from $3,080.00 decrease $2,241.00, and our new ~-~
maximum State Aid for our Office for Aging Recreation for Elderly Grant is now a
mere $839.00 for a town with the senior citizen population that Southold Town has.
We have one of the highest senior population in Suffolk County, and it's just
disastrous what this has been doe to us, forty percent cut.
SUPERVISOR HARRIS: And this is just one area. Think of all the other areas, that
we got hit in besides from the State cutbacks.
13.-Moved by Councilman Wickham, seconded by Councilwoman Oliva,
a. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 10, 1991, AUTHORIZING
THE ACQUISITION OF CERTAIN DEVELOPMENTAL
RIGHTS IN PRIME AGRICULTURAL LANDS WITHIN SAID
TOWN FOR THE PRESERVATION OF OPEN SPACES AND
AREAS, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $1,750,000, APPROPRIATING SAID
AMOUNT THEREOF, AND AUTHORIZING THE ISSUANCE
OF $1,750,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION.
Recitals
WHEREAS, Section 2~7 of the General Municipal Law,
constituting Chapter 24 of the Consolidated Laws of the State of
New York (herein called "Section 247"), authorizes the Town of
Southold, Suffolk County, New York, to acquire developmental
rights in lands used in bona fide agricultural production, which
developmental rights represent permanent legal interests or
rights in land for the preservation of open spaces and areas; and
WHEREAS, the acquisition of developmental rights in
prime agricultural lands located throughout the Town for the
preservation of open space and area and conserving the character
of local communities is found, determined and deemed to be
necessary, in the public interest and a proper public purpose of
the Town in accordance with the findings and determinations of
the State Legislature as set forth in Section 247; and
WHEREAS, accordingly, the Town desires to implement the
land acquisition and financing prDgram set forth below.
Now, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not
less than three-fifths of all the members of said Town Board) AS
FOLLOWS:
87
SEPTEMBER 10, 1991
Section 1. The Town of Southold, in the County of
Suffolk, New York (herein called "Town"), is hereby authorized
to acquire such developmental rights in various parcels of ~rime
agricultural lands within the Town for the preservation of open
space and area as may be authorized, from time to time, by the
Town Board of the Town after due notice and a public hearing,
pursuan~ to Section 247, including incidental costs in relation
thereto, such acquisition being hereby found and determined to be
necessary and in the public interest and a proper public purpose
of the Town in accordance with the findings 'and determinations
set forth in Section 247. The estimated maximum cost of said
class of objects or purposes, including preliminary costs and
costs incidental thereto and the financing thereof, is $1,750,000
and said amount is hereby appropriated therefor. The plan of
financing includes the issuance of $1£750,000 serial bonds of the
Town to finance said appropriation, and the levy and collection
of taxes on all the taxable real property in the Town to pay the
principal of 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 $1,750,000 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 sa~d appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(a) The period of probable usefulness of said class of
objects or purposes for which said $1,750,000 serial bonds
authorized pursuant to this resolution are to be issued, within
the limitations of Section il.00 a. 21(a) of the Law, is thirty
(30) 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 antlc!pation notes
issued in anticipation thereof is accordance with Section 107.00
d. 9. of the Law.
88 SEPTEMBER 10, 1991
(c) The proposed maturity of the bonds authorized by
this resolution will exceed five (5) years.
Section 4. Each of the serial bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
'of the sale of said bonds shall contain the recital of validity
as prescribed by Section 52.00 of the 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 a general tax upon all the taxabl@ real property
within the Town without limitation of rate or amount. The faith
and credit of the Town are hereby irrevocably pledged t6 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.
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 authorizing 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 anticipation 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,
89
SEPTEMBER 10, 1991 -
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication.
or
(c) such.o~ligations are authorized in violation of the
provisions of the constitution.
Section 7. A Proposition for the approval or
disapproval of this resolution shall be submitte~ to the
qualified electors of the Town at the Biennial Town Election to
be held on November 5, 1991, and this resolution shall take
effect upon approval by said qualified electors at said2Biennial
Town Election.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman katson,
a. Councilwoman Oliva, Councilman Penny, Supervisor Wickham. No: Justice Edwards.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Latson, seconded by Councilman Penny,
b. RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
AUTHORIZING THE SUBMISSION OF A PROPOSITION AT
THE BIENNIAL TOWN ELECTION TO BE HELD NOVEMBER
5, 1991, DIRECTING PUBLICATION OF NOTICE OF
SUCH ELECTION, AND DETERMINING OTHER MATTERS
IN CONNECTION THEREWITH.
Recitals
WHEREAS, on the 10th day of September, 1991, the Town
Board of the Town of Southold (herein called "Town Board" and
"Town", respectively), in the County of Suffolk, New York,
adopted a bond resolution authorizing the acquisition of
developmental rights in various parcels of prime agricultural
lands within the Town for the preservation of open spaces and
areas within said Town and the issuance of serial bonds of the
Town in the amount of $1,750,000 to f~nance the cost thereof; and
WHEREAS, the Town Board upon its own motion determined
to submit a Proposition for the approval or disapproval of said
bond resolution to the qualified electors of the Town at the
Biennial Town Election to be held on November 5, 1991;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. At the Biennial Town Election of the
qualified electors of the Town to be held within said Town, on
November 5, 1991, between the hours of 6:00 A.M. (Prevailing
Time) and 9:00 P.M. (Prevailing Time) or as much longer as may be
90 SEPTEMBER 10, 1991
necessary to enable the voters then present to cast their votes,
the following Proposition contained in the Notice hereinafter set
forth shall be submitted to the qualified voters, as hereinafter
referred to. The polling places in each of the respective
Election Districts of the Town shall be the same polling places
as shall be used at the General Election to be held on that day.
Section 2. The Town Clerk is hereby authorized and
directed to give notice of 5he~ submission of said Proposition at
the said Biennial Town Election at least ten (10) days prior to
the date of such election by causing a Notice in substantially
the form set forth in Section 3 hereof to be posted on the sign
board of the Town maintained pursuant to subdivision 6 of Section
30 of the Town Law and published in "THE SUFFOLK TIMES", a
newspaper published in Mattituck, New York, and in "THE LONG
ISLAND TRAVELER-WATCHMAN", a newspaper published in Southold, New
York, each having a general circulation within 5he Town and
hereby designated as the official, newspapers of the Town for such
publication.
Section 3.
following form:
Said Notice shall be in substantially the
TOWN OF $OUTHOLDr NEW YORK
NOTICE OF PROPOSITION TO BE
SUBMITTED AT THE BIENNIAL TOWN ELECTION
TO BE HELD ON NOVEMBER 5, 1991
NOTICE IS HEREBY GIVEN that pursuant to the resolution
duly adopted by the Town Board' of the Town of Southold, in the
County of Suffolk, New York, on September 10, 1991, the following
Proposition will be submitted to the qualified electors of the
Town at the Biennial Town Election to be held within said Town,
on November 5, 1991, between the hours of 6:00 A.M.. (Prevailing
Time) and 9:00 P.M. (Prevailing Time) to wit:
PROPOSITION NO. 1
SHALL the resolution of the Town of Southold, New
York, entitled: "Bond Resolution of the Town of
Southold, New York, adouted September 10, 1991,
authorizing the acquisition of cernain
developmental rights in prime agricultural lands-
within said Town for the preservation of open
spaces and areas, stating the estimated maximum
cost thereof is $1,750,000, appropriating said
amount therefor, and authorizing the issuance of
$1,750,000 serial bonds of said Town to finance
said appropriation," BE APPROVED?
90A'
SEPTEMBER 10, 1991'
an abstract of such resolution concisely stating the purpose
and effect thereof, is as follows:
FIRST: RECITING that Section 247 of the General
Municipal Law, constituting Chapter 24 of the Consolidated
Laws of the State of New York (hereinafter called "Section
'247"), authorizes the Town of Southold, Suffolk County, New
York (hereinafter the "Town"), to acquire developmental
rights in lands used in bona fide agricultural production,
which developmental rights represent permanent legal
interests or rights in land for the preservation of open
spaces and areas; and that the acquisition of developmental
rights in prime agricultural lands located throughout the
Town for the preservation~of open space and area and
conserving the character of local communities is found,
determined and deemed to be necessary and in the public
interest and a proper public purpose of the Town in
accordance with the findings and determinations of the State
Legislature as set forth in Section 247; and that,
accordingly, the Town desires to implement the land
acquisition and financing program set forth below;
SECOND: AUTHORIZING said Town to acquire such
developmental rights in various parcels of prime
agricultural lands within the Town for the preservation of
open space and area as may be authorized,'from time to time,
by the Town Board of the Town after due notice and a public
hearing, pursuant to Section 247, including incidental costs
in relation thereto, such acquisition being hereby found and
determined to be necessary and in the public interest and a
proper public purpose of the Town in accordance with the
findings and determinations set forth in Section 247;
STATING the estimated maximum cost of said class of objects
or purposes, including preliminary costs and costs
.incidental thereto and the financing thereof, is $1,750,000;
APPROPRIATING said amount therefor; STATING the plan of
financing includes the issuance of S1,750,000 serial bonds
of the Town to finance said appropriation, and the levy of a
tax upon all the taxable real property within the Town to
pay the principal of said bonds and interest thereon;
THIRD: AUTHORIZING the issuance of S1,750,000
serial bonds of the Town pursuant so the Local Finance Law
of the State of New York (the "Law") to finance said
appropriation;
FOURTH: DETERMINING and STATING that the period of
probable usefulness of the class of objects or purposes for
which said $1,750,000 serial bonds are to be issued is
thirty (30) years; current funds are not required by the Law
to be provided prior to the issuance of the bonds or any
notes in anticipation thereof; and the proposed maturity of
said $1,750,000 serial bonds will exceed five (5) years;
FIFTH: DETERMINING that said bonds and any bond
anticipation notes issued in anticipation of said bonds and
the renewals of said bond anticipation notes shall be
general obligations of the Town and PLEDGING to their
payment the faith and credit of the Town;
SIXTH: DELEGATING to the Supervisor the powers and
duties as to the issuance of sai~ bonds and any bond
anticipation notes issued in anticipation of said bonds, or
the renewals thereof; and
SEVENTH: DETERMINING that a proposition for the
approval or disapproval such bond resolution shall be
submitted to the qualified electors of the Town at the
Biennial Town Election to be held on November 5, 1991, and
that such resolution shall take effect upon approval by such
qualified electors at said Biennial Town Election.
90B SEPTEMBER 10, 1991
NOTICE IS FURTHER GIVEN that the polling places in
each of the respective Election Districts of the Town of
Sou~hold shall be the sg~e polling places as shall be used
for voting at the General Election held on that day,
BY ORDER OF THE TOWN BOARD ~
DATED: SEPTEMBER 10, 1991
JUDITH T. TERRY
TOWN CLERK
Section 4. This resolution shall be adooued at
least twenty (20) days prior to the date o~ said Biennial
Town Election.
Section 5. This resolution shall take effec~
immediately.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
b. Councilwoman Oliva, Councilman Penny, Supervisor Harris. No: Justice Edwards.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I'd like to thank the Town Board. This referendum, that's
going on, will enable the people to continue to protect the rural heritage of Southold
Town in a way that it has been done for the last 351 years. In 1983, this Town did
a agricultural developments rights bond, and since that time many of the farming
operations, that are continuing today are due to the fact, that agriculural development
rights have been purchased, and that has sustained agricultural productivity in
Southold Town, and we as a Board urge everyone to, please, go out and selectively
support this referendum, we feel is very important to the future of Southold, and
especially when it comes to the US/UK Exchange, and one of the prime directives, that
they had, which was to sustain, at all costs, your agricultural areas in Southold Town.
COUNCILWOMAN OLIVA: And also to..I think, the prime directive from the US/UK
was to enable: us to purchase continuous parcels of farmland to the ones that we already
have. I think the voters should really be made aware of this, so we can get that real
solid greenbelt for agriculture.
SUPERVISOR HARRIS: Such as the Suffolk County Planning Maps show for Southold
Town.
14.
COUNCILWOMAN LATSON: In 1983 when the first bond act went up, and I think it
was overwhelmingly approved by the voters. Overwhelmingly approved, and Bill
'Grigonis was on the Farmland Preservation Committee at the time, because I remember
reading in the paper his saying, that it would cost the taxpayers about the average
price of a bottle of scotch. Something like that. He made a comparison like that, but
looking at the comparisons it will only cost the taxpayer $2.22 per thousand dollars of
assessment, and it will decrease all the way down to $1.21 per thousand dollars of
assessment. So, it really hasn't been a bad buy to keep our open space here.
.JUSTICE EDWARDS:-My negative comments on those past two bond resolutions, ov'er
$3,000,000.00, and not one penny has been spent on Fishers Island, and all we got
was lame excuses why they can not do it over there. Thank you.
-Moved by Councilwoman Oliva, seconded by Councilwoman Latson,
WHEREAS, the Board of Trustees of the ~own of Southold have by their resolution
of September 5, 1991 ordered an emergency closure of all Town Creeks and lands
underwater under their jurisdiction with restrictions on the placement of harvesting
gear on Town property for the purpose of taking bay scallops, under the following
specific conditions:
1. From Monday, September 9, 1991, through Sui~day',~ctob~r 20, 1991,
inclusive: No placement of gear permitted, no harvest permitted.
2. From Monday, October 21, 1991, through Tuesday, March 31, 1991,
inclusive: Dip net or scalp net is permitted for commercial and non-
commercial Bay Scallops.
3. From Friday, November 1, 1991, through Tuesday, March 31, 1992,
inclusive: All gear pursuant to Chapter 77 (Shellfish) of the Code
of the Town of Southold is permitted (includes scallop dredges); and
14.
WHEREAS, the Town Board of the Town of Southold supports the determination of
the Board of Trustees and recognizes the need for such a prohibition to encourage
the future growth of an important industry to the Town of Southold and its
citizens;
NOW, THEREFORE, BE IT RESOLVED that the Town Board hereby directs the Town
Clerk to affix a notice to each shellfish permit issued advising of the aforesaid
restrictions implemented by the Town Trustees.
-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN LATSON: Can I iust comment on this? You all might remember
that several weeks ago we passed a resolution urging the State of New York to move
the scallop season up from September 16 to October 7, because the [~rown Tide had
reoccurred this year, and during the Brown Tide the scallops are not able to spawn
at all, and there is no growth. Every East End town has passed a resolution urging
the State of New York to do that. This step that's taken by the Town Trustees
is an excellent step to insure that the scallop population has a chance to spawn, which
has been quite decimated by the Brown Tide. So, we're hoping soon to hear from
the State of New York. We're hoping that they will follow the lead of Southold Town,
and protect our waters, and insure our scallop population for the future.
SUPERVISOR HARRIS: The scallop population, as everyone knows, the life cycle
of the scallop is around eighteen months, and the hope is to get two spawns out of
the life of a scallop before it eventually dies. Of course, the enacting resolution
that we have just passed, also, will allow the residents, and commercial fishermen
within the town to harvest those scallops before they do die off, to become a resource
for the town's people.
15.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Sophie T. Saur~ders for renewal of her single
family house trailer permit, for trailer located on the north side of Main Road,
Laurel, New York, which permit expires on October 7, 1991, be and hereby is
granted for a six (6) month period.
15.-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 Sep. tember 24, 1991 by Resolution #2
16.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Account Clerk Barbara Rudder to attend a Package 7 Advisory Committee meeting
on Wednesday, September 25, 1991, at 5:00 P.M., at Hauppauge, New York, and
to use a Town vehicle for travel.
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 Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby ~]rants permission
to the Town Board and the Town Attorneys to attend a seminar on "The Taylor
Law: Procedures Update For Labor and Management" to be held at Smithtown, New
York, on October 30, 1991, beginning at 9:00 a.m., and the registration fee of
$95.00 per person, and use of a Town vehicle for travel shall be a legal expense
against the Town Board and Town Attorney's 1991 Budget.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilwoman Latson, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of $25.00 to Andrew Gallac~her, which sum represents the landfill permit
fee paid by Mr. Gallagher on February 22, 1991, whereas Mr. Gallagher found that
this permit was a duplication of the permit he purchased on July 5, 1991, and
affixed to his vehicle.
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.
19.-MOved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
following individuals as members of the Southold Town Tree Committee, effective
September 22, 1991 through September 22, 1992, they to serve in said position
without compensation:
SEPTEMBER 10, 1991
Edward D. Dart, hereby appointed Chairman
Margaret D. Murphy
Daniel E. Letteriello
Ural Talgat
Donald Wilcenski
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duty ADOPTED.
20.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby author zes the
Town Clerk to advertise for resumes for two (2) members of the Southold Town
Tree Committee to fill vacancies.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Superwsor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I must say that the Tree Committee is going to have their
hands full considering the amount of damage sustained from Hurricane Bob. There's
no doubt that the tree planning program will be of the utmost importance in years
to come in Southold Town.
21.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Southold Town Landfill to accept, without charge, brush, leaves, trees, and stumps
from the destruction caused by Hurricane Bob, until September 24, 1991.
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.
22.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Hi,lary
Jersey as a part-time Clerk Typist in the Office of the Town Clerk, effective
September 16, 1991, 17-1/2 hours per week, at a salary of $6.50 per hour.
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 Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Linell
Gaipa as a part-time Clerk in the Town Clerk's Office to work on the Records
Management and Inventory Planning Program, effective September 16, 1991, 17-1/2
hours per week, at a salary of $6.00 per hour; said salary to be paid from the
Records Inventory & Planning Grant received by the Town Clerk's Office.
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.-Moved by Councilman Wickham, seconded by Justice Edwards,_ it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Principal Building Inspector Lessard to attend the New York State Building
Officials Conference to be held on October 2, 3, 4, 1991, at Kerhonkson, New York,
and the use of a Town vehicle for travel, registration fee of $25.00, and necessary
expenses for travel, meals, and lodging shall be a legal expense against the
Building Department's 1991 Budget.
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.
SUPERVISOR HARRIS: The next resolutions, that we have, deal with the sale
tax revenues, and also, dealing with State mandates, and revenue sharing, that
we should derive from them.
25.-Moved by Supervisor Harris, seconded by Councilwoman Latson,
WHEREAS, the County of Suffolk, in order to save itself from economic distaster,
has caused the sales tax to be increased one-half percent from seven and a half
to eight percent, and
SEPTEMBER 10, 1991 93
WHEREAS, the County of Suffolk has provided in this increase, as it did in the
prior quarter percent sales tax increase authorization, a "sunset" provision where n
the sales tax increase would automatically end, and
WHEREAS, despite the "sunset" provision no "temporary" Suffolk County Sales
Tax increase has ever expired or been rolled back, and
WHEREAS, Suffolk County has caused its bond rating to fall below investment grade
level causing interest rates payable by taxpayers to soar and thereby further
worsening the burden on Suffolk County taxpayers, and
WHEREAS, the County Legislature, at the depths of its economic viability and
inability to resolve the County 1991/92 fiscal budget did nevertheless authorize
the issuance of $$0 million dollars of bonds for purchases pledged from the quarter
percent sales tax increase at a time when its credit rating is far below that of the
townships of Suffolk County, and
WHEREAS, the County faces severe cutbacks in staff and services that will result
in the Towns having to provide same, now, therefore,
BE IT RESOLVED, that the Suffolk County Legislature undertake immediate review
of sales tax revenue receipts levied from eacn Township in the County and, upon
such review, publish and make known such amounts to the Townships, and be it
further
RESOLVED, that the County Legislature take all necessary appropriate and immediate
steps to equitably share sales tax revenues with each Town in proportion to the
sales tax receipts received from each respective Town in order that the Towns
may counteract the shift of local tax burden from real property within the Towns
to the sales tax currently in place, and be it further
RESOLVED, that the "sunset" provisions in existing sales tax increase authorizations
shall not be repealed, altered, extended or modified except to the extent to cause
a rollback of sales tax.
SUPERVISOR HARRIS: This resolution is being done throughout the ten towns,
Southampton has enacted this, and we are following suit, as are all the other town-
ships, as of this date.
25.-Vote of the Town E3oard: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: The next resolution deals with State mandates, and in
talking about the amount of monies, that we get back from our State in Aid to
Local Municipalities.
26.-Moved by Supervisor Harris, seconded by Councilman Wickham,
WHEREAS, the State of New York has mandated imposition of a "surcharge" upon
individuals convicted of vehicle and traffic infractions as well as penal law violations
and misdemeanors, and
WHEREAS, 68% of the Magistrates of the State of New York are local magistrates
comprised of Village and Town Justices who handle the vast majority of offenses
and infractions upon which these State mandated charges are imposed, and
WHEREAS, the State Legislature has deemed fit to expand and in some cases increase
such surcharges effective June 12, 1991, and
WHEREAS, the Town and Village Justice Courts are charged with collection of this
. "user-fee" style of tax for and on behalf of the State; and
WHEREAS, Town and Village Justice Courts are financed by resident taxpayers
and in the Five East End Towns traffic infractions and Penal Law offenses are
generated almost exclusively by Town and Village Police which are also financed
by the local resident taxpayers, and
WHEREAS, the State does not return or equitably share any portion of the mandated
surcharge with the local Court that collects them, now be it
RESOLVED, that the Town hereby calls upon the State Legislature to share man-
dated surcharges imposed and collected by each local Justice Court for the purpose'
of and to be applied towards the costs of operation of the local Justice Court System
within each Town.
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.
27.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby retains the services
of Frank A. Isler, Esq., of Smith, Finketstein, Lundberg, Isler and Yakaboski,
to challange, by way of an Article 78 Proceeding, the ruling of the New York State
94
SEPTEMBER 10, 1991
Department of Environmental Conservation Administrative Law Judge Edward
Buhrmaster of September 4, 1991, and the related Decision and Order of NYS-DEC
Deputy Commissioner Edward O. Sullivan of September 4, 1991 with regard to the
alleged violations of the Long Island Landfill Law.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice
Edwards, Supervisor Harris. No: Councilwoman Latson, Councilwoman Oliva.
This resolution was declared duly ADOPTED.
COUNCILWOMAN OLIVA: I'd like to just say, that first of all we did not get any
Kind of figure, or price on how much this is going to cost, and I have already
come out stating that I will not support any further funds to supply lawyer's fees,
and I kind of feel as though we're sitting here while both Riverhead, and Easthampton
Town, while they are still in the lawsuit, nevertheless, have proceeded ahead to
reach a final determination on how to get rid of their garbage. Easthampton, I
believe, is going to go with composting, and now it looks as though Riverhead
has come to some sort of a accomodation with Omni. I iust feel that we have been
sitting here, while the Task Force works diligently on some things. We have not
finalize a plan of our own. We are still now, perhaps, going to go out and look
for bids how to get rid our gargage with trucking, or with Omni, or with incinerator,
or a yard waste exchange, but these are just many options, and I think within
the two year time period, that we've had, we should have a definite plan now,
so I can not vote for it.
SUPERVISOR HARRIS: I'd like to make a' couple of statements. This continuing
challenge of the order that was handed down by the DEC is standard operating
procedure, and the towns have little choice, and the taxpayers of this great
institution of ours, that is called $outhold Town. We are in a position where an
administrative officer of the DEC, the Deputy Commissioner, has in fact given a
ruling, and it's strictly an administrative ruling. As was said in the Appellate
Court division, when three towns were in litigation, and this by the way has
nothing to do with those three towns that are still pursuing the legal challange
towards the 1983 Landfill Bill. We are affirmed by the Appellate Court that we have
not have an administrative hearing yet, and at that time we had not seeked admin-
istrative relief, therefore the Appellate Court felt that they could not grant to us
a prelimi:~_ary injunction at that time. That was April 25th. We have now gone
through the first step, which is the administrative hearing, and an action has been
caused by the Deputy Commissioner. It~, would normally be the Commissioner, however
the Commissioner had to refuse himself, because he made some disparaging remarks
against the East End towns early on, so he had no choice but to refuse himself, and
appoint the Deputy Commissioner to come out with a determination. The Article 78
procedure is the administrative relief for muncipalities. We have no choice but to
continue to fight for the taxpayers of this town, because the economic viability is
totally at stake, and to do any other would be irresponsible, as other townships,
and as other entities have done, when they feel that an injustice has been imposed
upon them. Thank you. I think that's the last resolution that we have.
COUNCILWOMAN LATSON: I think my feeling at this point is that anybody can hire
a lawyer, but not anybody can come up with the plan. Each day we do not have
a plan, and our landfill is illegally operating. The fines are rolling up. We're
looking at over a million dollars in fines today.
SUPERVISOR HARRIS: Excuse me, Ellen. Can I ask what that is based on, those
figures?
COUNCILWOMAN LATSON: Just what I saw in the paper, because I haven't gotten
any information since then.
JUSTICE EDWARDS: Don't believe everything you see in the paper.
COUNCILWOMAN LATSON: But the point is, that's it really easy to hire a ~!awyer;
but evidently you can't come up with a plan.
COUNCILMAN PENNY: We have a plan, Ellen. We adopted it. Unfortunate]y, you
did not vote for it last spring.
COUNCILWOMAN LATSON: And what are we going to do with our garbage?
SEPTEMBER 10, 1991
COUNCILMAN PENNY: Didn't we decide just today, that we were going to go out
with a proposal. We discussed with Tony Conetti putting our RFP's, because now
we know what the results of Riverhead was, who has not made a commitment to
anybody, as Ruth stated befOre, but has turned around found that Riverhead
through private bidding of Omni came out to around $60,00, in the Iow $60.00 per
ton, and that we could do something consistent, as a fall back position, which is
supported by our management plan, our Town Solid Waste Management Plan, which
the Town Board has adopted last spring.
COUNCILWOMAN LAT$ON: If you have a plan, you want to sit down and negotiate
with the State of New York, as they have asked us to do, and they gave us ninety
days to come up with a plan, so I don't see any point in continuing with this suit,
and that is my opinion.
SUPERVISOR HARRIS: The suit that we voted on, Ellen, is not the three town
lawsuit.
COUNCILWOMAN LATSON: t know what we voted on. This is regarding the Town
of Southold.
SUPERVISOR HARRIS: This is the summary iudgement. It has nothing to do with
the three towns. Is there any member of the Board, that has anything they'd like
to do otherwise I'd like to go out to the audience. Judge Edwards?
JUSTICE EDWARDS: Number one, I'.m sorry I wasn't here at the last meeting two
weeks ago in the aftermath of Bob, but to go back on Fishers Island's Garbage
program over there, it so happens that the DEC has filed the papers against the
town, and not Fishers Island, so Fishers Island can continue to landfill over there,
although we're running out space. The Fishers Island transfer station, the concrete
has been poured, and I think sometime in November the transfer station will be in
operation. We will be taking our garbage off of Fishers Island onto the Connecticut
mainland. Secondly, regarding Hurricane Bob, with the exception of Scotty Harris
making a plea to the County, Pat Halpin so forth, and Ken LaValle, who brought
down to Fishers Island twenty people from Department of Recs and Parks, two brush
crews from Albany, some people from Jones Beach, people from Montauk, people from
Orient. They did a hell of a job on the Island, and during the five or six day period
of disasterous pickup over there, did not see one Southold body come over to see
how we're doing, or even a call, and people of the Island are quite disappointed
about that. It was very difficult. When these people come over, they came over
on a Wednesday morning, I came over in my boat, and picked up ten people at Orient.
I brought them to Fishers Island. I brought them back. The last day of the Board
meeting, and I can honestly say that these people really bailed us on Fishers Island.
They did a hell of a job, no thanks to the people from Southold. Thank you.
SUPERVISOR HARRIS: Judge, in respect for Fishers Island, we had our hands full
over here, too, as you know. We only have 22 men for 400 lane miles. I was
pleased to make the call for you at that time, to get emergency services, personnel,
and equipment over to the Island, because after talking to you that morning, and
telling me how devastated the' Island was, including less 'than 15% of the people having
power, even though you have your own utility company. It, was apparent that we
got swift action, and I'd like to thank, also, those individuals from all the park
systems, and the other areas that were retained, that went over to .Fishers Island
with equipment to help them dig out from underneath the disaster of Hurricane Bob.
It also is important that the federal designation has not yet come about, and we're
asking everyone to continue to write, that we do become a Federal Disaster Area.
We're waiting for that declaration. Phemo was here only in the beginning of the
week, last week, and their determination, I'm sure, is still weeks away. However,
there's no doubt in anybody's mind in eastern Suffolk County, as well as east of
that, which is, of course, Fishers Island, Block Island, and so on, the disaster that
has struck this area. Again, I'm enc~ouraging everyone to, please write to your
Congressman, write to your Federal Senator, and also, to the President, to urge
him to declare this a Federal Disaster Area. It's imperative when it comes to
sustaining our budgets in Southold Town, as well as the other East End towns for
the disaster that has occurred. Thank you, Judge. Are there any members of the
audience, that would like to address this Board on any issue? (No response.) If
not, I'll entertain a motion to adjourn.
SEPTEMBER 10, 1991
Movea by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 4:50 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.
Judith T. Terry ~/
Southold Town Clerk