HomeMy WebLinkAboutTB-08/14/1990AUGUST 14, 1990
SOUTHOLD TOWN BOARD
AUGUST lq., 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards (11:30 iA.M.),
Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman Thomas H.
Wickham, Superintendent of Highways Raymond L. Jacobs, Assistant Town Attorney
Matthew G. Kiernan, Town Clerk Judith T. Terry. Absent: Councilman George L.
Penny IV.
9:20 A.M. - For Discussion Items: (1) Receipt of a proposed agreement from the
Suffolk County Department of Public Works for a Suffolk County. Transit Bus Stop Sign
and Bus Shelter Maintenance Ac~reement. The Board discussed the numerous
conditions attached to the agreement, i.e. the Town will maintain the shelters and bus
destination signs on roads maintained by the State of New York; the fact the Town
will receive no reimbursement from the County under the agreement. Supervisor
Harris asked Assistant Town Attorney Kiernan to write to the County asking for
details with respect to the conditions, and the proposed location of signs and shelters
and proposed design of the structures. (2) Letter from the Mattituck Charpber of
Commerce expressing their opinion that the Alarm Law is placing an unfair burden on
the business community, and asking the Town Board to review the amount of the fines
levied under the law, and examine the "so-called false alarm interpretation as it relates.
to professionally installed and maintained alarm systems. The letter had been referred
to Police Chief Winters who submitted a suggested response. The Town Board asked
that the Chief be requested to transmit his response.
9:30 A.M. - Peg Murphy, member of the 350th Executive Committee, met with the Town
Board to request their consideration of a concept supporting a series of concerts,
featuring local talent, on the Town Green next summer, Mrs. Murphy volunteered
to chair a small committee and look for grants for some of the expenses, provided she
receives $1,500 from the Town for special effects, and $1,000 for a stipend for
expenses incurred by the various groups. The Town Board will review the proposal
during the budget making process. In the meantime Mrs. Murphy will begin to look
for grants.
10:00 A.M.~ Senior Planner Valerie,:Scopaz'met with'[the Board~ to discuss the proposed_
Generic Environmental Impact Study on Barlow Pond, Middle Farms Pond, arid
Treasurer' Island Pond, Fishers Island, with respect to those three reservoir
watersheds. Ms. Scopaz stated that such a study will be _rather costly. The
County has volunteered their in-house resources, but other costly phases of study
will be needed. Supervisor Harris suggested setting another meeting with the County,
the Town and the Fishers Island groups to further discuss funding.
10:20 A.M. - The Town Board reviewed the proposed resolutions to be voted upon
at the 7:30 P.M. regular meeting.
10:40 A.M. - Aldo Marletti, Vice President, Cashin Associates, and his Senior Planner
Wendy Weber, met with the Board to discuss Cashin's proposal for planning and
environmental services for the Town's Local Waterfront Revitalization Program. They
reviewed their proposed Scope of Services for assisting the Town in preparing the
LWRP in accordance with the requirements of the NYS Department of State, which they
estimate can be completed within approximately two months after written notice from
the Town to proceed. Cashin's fee for completing the required tasks is $23,000, plus
direct expenses. Before making a decision, the Town Board asked Mr. Marletti to
submit an itemization of their charges.
11:20 A.M. - Adolph & Theresa Westerlund and Alice Malinauskas appeared before the
Town Board to register their opposition to the reconstruction of the Dog Pound at
Peconic Lane. They would like to se it relocated to an area where neighbors will not
be disturbed by the noise from the barking dogs. Presently they, as neighbors, find
the noise unbearable and will resort to legal action if the Town proceeds to rebuild
at the present site. They were advised that the Town Board hopes to meet with the
architect, Garrett Strang, and member;s of the North Fork Animal Welfare League at
the next work session and hope the Westerlunds and Mrs. Malinauskas can be present
and everyone can work together to reach a mutually satisfactory conclusion.
AUGUST 14, 1990
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 13oard:
Ayes: All. The Board met with Gerard Goehringer to discuss personnel matters for
his office. Assistant Town Attorney Kiernan brought the Board up to date on pending
litigation, as well as advising them that Robert Pfluger has been found guilty of
running a junk yard. Superintendent of Highways Jacobs discussed personnel matters
within his jurisdiction. Robert Villa appeared briefly before the Board to advise that
he has been informed that Dennis Corby, owner of property on the corner of Depot
Lane and CR 48, near the landfill, is interested in selling. The Board placed
resolution no. 22 on the agenda calling for an appraisal of the Corby property.
12:50 P.M. - Work Session adjourned.
43
REGULAR MEETING
A Regular Meetinc~ of the Southold Town Board was held on Tuesday, Aucjust
14, 1990, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Harris opened the meeting at 7:30 P:M., with the Pledge of Allegiance to the Flag.
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV (out of town)
SUPERVISOR HARRIS: Please remain standing, please in memory of departed
elected official, Fred Gordon, one of our assessors'in the Town. Thank you.
At this time, before we get to the public portion of our agenda, and ask if there's
anyone who would like to speak on any resolution, that we're going to entertain
tonight. I'd like to introduce John Stack and members of the Landmark Preservation
Committee, and they have a presentation.
JOHN STACK: I'd like to ta,ke this opportunity to make an official presentation
to the Town, as the book, The Houses of Southold, The First 350th Years. The
Landmark Commission members with me, have worked ass'.[duou~sly~and produce i:this
over the last several years. I think you know them all, Joy Bear, Bill Peters,
and Ralph Williams. Joe Townsend said he was going to be here, but he didn't
quite }hake it, but this the book, and I'd like to tell you that it's been a lot of
fun doing all this stuff, but it's also, been a lot of work, and we were assigned
the job of conserving, preserving, and protecting the architecture of the Town
of Southold, and we tried to do this by passing along, a while back, and found
that the Town people just didn't want to do that. It started it back, it would
have guaranteed some of these, and would have meant some more money for the
Town, by selling it to the local government. But anyhow, we decided to do it
through education, and that book, it got a lot of things in it, and tells about
how the history of the Town affected the archintecture, and how the architecture
infringed on the history, and we'd like to present it to you, and also, wish Southold
Town a very happy birthday.
SUPERVISOR HARRIS: On behalf of the Town Board, and myself, We'd like to
thank you, and of course, the Landmark Preservation Committee for the amount
of work, the years of work that you've put into producing this document. Basically
this is a book on many old homes in the town. We realize the amount of hours
of time, that you have put in this project, as well as the other members of the
committee, and I'd like to commend you. You've done a wonderful job. I'm sure
this book will be around, for many years to come, and hopefully everybody, that
is in this book will acquire one or two copies for their archives, not to mention
individual members, of course, that worked on it. So on behalf of that, and the
Town, we'd like to thank you. You did a Wonderful job.
JOHN STACK: You can get it at Judy Terry's office. You can pick it up there.
TOWN CLERK TERRY: Almost everyone on that list has been mailed one;
SUPERVISOR HARRIS: We need a motion to audit the bills.
4
AUGUST 14, 1990
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $65,842.02; General Fund, Part Town
bills in the amount of $40,075.58; Nutrition Fund bills in the amount of $2,371.69;
Adult Day Care bills in the amount of $432.86; Home Aide Program bills in the
amount of $154.20; SNAP Program bills in the amount of 91,173.58; EISEP Program
bills in the amount of 960.80; Community Development Fund bills in the amount
of $112.50; Highway Fund, Whole Town bills in the amount of $11,388.94; Open
Space Capital Fund bills in the amount of $100.00; Fuel Tanks and Police Building
fund in the amount of $50.00; Employee Health Benefit Plan bills in the amount
of 9763.06; Fishers Island Ferry District bills in the amount of 912,782.98;
Southold Wastewater District bills in the amount of $1,191.21; Fishers Island Sewer
District bills in the amount of $248.93; Southold Agency & Trust bills in the amount
of 93,658.46; Fishers Island Ferry District Agency $ Trust bills in the amount
of $871.20.
Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to adopt the minutes from the Fishers Island
meeting.
Moved by Justice Edwards, seconded by .,C. ouncilwoman Oliva, it was
RESOLVED that the minutes of the August 8, 1990, Town Board meeting at Fishers
Island, be and hereby approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly AI~OPTED.
SUPERVISOR HARRIS: A motion to set the next meeting date, Tuesday, August
28, 1990, at 7:30 P.M.
Moved by Councilwoman Oil.va, seconded by Justice Edwards, it was
RESOLVED that the next rec~ular meeting of the Southold Town Board will be held
~.at 7:30 P.M., Tuesday, Auc, lust 28, 1990, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
2.
3.
4.
5.
6.
7.
8.
9.
of July,
10.
11.
12.
Southold Town Building Inspector Monthly Report for July, 1990.
Southold Town Planning Board Monthly Report for June, 1990.
Southold Town Planning Board Monthly Report for July, 1990.
Southold Town Clerk's Monthly Report for July, 1990.
Scavenger Waste Treatment Facility Monthly Report for July, 1990.
351~th Anniversary Committee Financial Activity Report through July, 1990.
Southold Town Dog Shelter Monthly Report for July, 1990.
Laurence Healthcare Claim Lag Study Analysis for the month of July, 1990.
Lawrence Healthcare Claim Lag Study Analysis, PBA Plan for the month
1990.
Southold Town Justice Edwards Monthly Report for July, 1990.
Southold T6wn Justice Tedeschi's Monthly Report for July, 1990.
Southold Town Recreation Department Monthly Report for July, 1990.
II. REPORTS.
1. Nassau-Suffolk Rec~ional Emergency Medical Services Council, Notice
of Public Hearing for the purpose of acting upon an application to establish a new
ambulance service in Suffolk County, Applicant: Suffolk County Police Department.
August 29, 1990, 10 A.M. to 2 P.M., Suffolk County Legislature, Hauppauge.
2. New York State Department of Environmental Conservation, Notice of
Complete Application by Frank Vermalen, Jr., for proposed construction of one
single family dwelling with septic system and driveway, approximately 100 square
feet of wetlands will be filled with 100 cubic yards of clean sand at Bay Avenue,
Mattituck. Written comments not later than August 24, 1990.
3. New York State Department of Transportation, Notice of Order for
extension of "No Stopping-Anytime" restriction on the South side of Route 25,
Mattituck, from the east side of Carvel driveway 155+ to 15+ West of Utility Pole
LIL410.
4. New York State Department of Transportation, Notice of Order for
establishment of a "Stop" control for the private roadway of Golf View Court,
opposite Shipyard Lane, East Marion.
5. New York State Department of Transportation, Notice of Order to
establish a "Stop" control for the private roadway of The Long Way which serves
the Pebble Beach Farms development in East Marion.
III. COMMUNICATIONS.
IV. PUBLIC HEARINGS.
None ·
1. 8:00 P.M., proposed "Local Law in Relation to Boats, Docks and Wharves".
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, we'll start our resolutions. We're going
to hold the first two that's on the agenda.( 1. Town Board determined that there
will be no significant effect on the environment, in regard to a proposed "Local
Law in Relation to Shellfish". 2. Setting a public hearing on the proposed "Local
Law in Relation to Shellfish".)
3.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj budget modification to the General Fund - Whole Town 1990 Budget for
the. :transfer of monies from the 350th Committee's Donated Funds held in Trust
& Agency:
To:
Revenues:
A2705 Donations $ 3,693.36
Appropriations:
A7550.4 Celebrations, Contractual Expelnses $ 3,693.36
3.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Rescinded by Resol. #29 at 7/27/93
4.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Leona Urban, driver for the Nutrition Program, effective July 30,
1990.
4.-Vote of the Town Board: Aye.' Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
__This resolution was declared duly ADOPTED.
5.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lori
Mclver as a driver for the Nutrition Program, effective August 3, 1990, 7 hours
per day, 5 days per week, at a salary of $10,200.00 per annum.
5.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, 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 and
directs the Town Clerk to advertise for bids for the replacement of the caps on
the Caterpillar compactor at the Southold Town Landfill Site;
COUNCILWOMAN LATSON: The landfill line, that this money will be once the
bids come in, the money will be drawn from to pay for it, is frightingly close
to bankruptcy at this current date.
SUPERVISOR HARRIS: Bankruptcy? I wouldn't use that term. ! would say that
it's close to it.
COUNCILWOMAN LATSON: It's empty. This places the Town Board in precariously
ominous position. Let me explain. The 1989 bond resolution was designed to
absorb the cost incurred to finance permit and study the Town of Southold's role
in meeting the requirements in meeting the requirements of the 1990 Landfill
Closure Act. Of course, we are all aware that this was defeated. This left the
Town Board and taxpayers with the burden of absorbing $600,000.00 of expenses
incurred in this year's budget. To date, each department of the Town has reduced
it's budget by 5%. We have committed ourselves to the spending of $287,000.00
to pay for this year's landfill studies, that are being performed by Dvirka and
Bartilucci. This money was not appropriated by the Town Board in it's budget,
so for this reason, because these expenses have not been budgeted, and the line
is now depleted and being replenished. The Town Board, I feel, on a whole,
has no other choice but to wait until we enact 1991 budget, and then begin to
recoup the losses that were incurred this year, and appropriatedly budget an
expense for 1991.
SUPERVISOR HARRIS: Ellen, let me ask you a question. Why wasn't this brought
up today at the work session, when Superintendent of Highways Ray Jacobs was
here to discuss that with him at the time?
COUNCILWOMAN LATSON: It was brought up, and I, also, requested a meeting
of the Finance Committee, of which there has not been one in 1990. I'm a member
AUGUST 14, 1990
of the Finance Committee. We have not been called to meet. We have not discussed
the budgetary. . how we're going to proceed budgetaryly throughout the year.
I have requested that from you, Scott, on several occasions, and I'm told that
we will meet.
SUPERVISOR HARRIS: We don't have a Finance Committee, Councilman Latson.
COUNCILWOMAN LATSON: We do have a committee as far as...
SUPERVISOR HARRIS: It's all under Zoning and Planning, ~aost of those
committees, and the rest of them were resolved at the end of year, and as far
as the budget goes, this town is in very good shape. We have made up over
$400,000.00, and over a six month period, which is a tremendous savings, based
on the efforts, that everyone has put forth based on what we acquired starting
in January. So, I think this town is in very sound footing. It's continuing on
this sound footing. John Cushman is doing a good job downstairs in Accounting.
As far as this line goes, a lot of things happened this year up at the Landfill,
that are unexpected, which expenditures do happen. But in order to go into
surplus, you first have to expend the line, as you well know, and the reason
why we raised the fees from one to two cents, was to anticipate the engineering
fees, which we incurred this year of $287,000.00, which I'm sure will hopefully
adequately supply us, with those revenues, as soon'as we get into surplus. But
as far as this line goes, is there a motion on this?
$.-Vote of the Town Board: Aye: Councilman Wickham, Justice Edwards, Supervisor
Harris. No.' Councilwoman Latson, Councilwoman Oliva.
This resolution was declared LOST.
SUPERVISOR HARRIS: I would like this resolution placed back on, please, for
the agenda for the next meeting.
7.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby ~lrants permission
to Prinicpal Account Clerk John Cushman and Insurance Consultant William F.
Mullen, Jr. to attend the Lawrence Healthcare Administrative Services, Inc. educa-
-tional seminar at the Sheraton Inn, Smithtown, on Wednesday, August 22, 1990,
from 8:30 A.M. to 4:00 P.M., and the use of a Town vehicle and necessary
expenses for travel shall be a legal charges against the 1990 Accounting & Finance
Budget.
?.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, 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 one (1) 1991
Dump Truck for the Highway Department.
8.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the applicationof Zdzislaw Mikolajczyk for renewal of his sin~lle
family house trailer permit, for trailer located at John's Road, off of the east side
of the Main Road, Mattituck, which permit expired on August 9, 1990, be and
hereby is granted for a six (6) month period.
9.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Resolution #10, which authorizes an advance fee paid to Brookhaven YMCA, for
a one-year membership to enable Recreation Director to keep up to date and
informed on lifesaving techniques was held.
11 .-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $658.00 (47 tickets @ $14.00 each) for the
New York Islanders bus trip on November 6, 1990; said check made payable to
the New York Islanders; said charge to be made to A7320.4, Joint Youth,
Contractual Expenses.
11.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.
-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 bud~let modification to the General Fund - Whole Town to cover
anticipated salaries for various instructors:
AUGUST 14, I990
~:rom: A7020.4 ReCreation Ad~i~a~i6n, ContraCtual Expenses
To: A7320.4 Joint Youth, Contractual Expenses
12.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
$ 1,000.00
$ I, 000. O0
13.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $329.00 (94 seniors @ $3.50 each) for the
October 17, 1990 senior citizen bus ~rip. to Old Westbury Gardens; said check
made payable to Old Westbury Gardens; said charge to be made to A7620.4, Adult
Recreation, Contractual Expenses.
;3.-Vote 0f the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was. declared duly ADOPTED.
14.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the application of Frank Sawicki for renewal of his single family
house trailer permit for trailer used for housing farm help under the 4-H Program,
and located on the north side of Old North Road, So~thold, which permit expires
on September 23, 1990, be and hereby is granted for a six (6) month period.
14.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Latson, seconded by Justice 'Edwards, it was
RESOLVED that the Town Board of the ToWn of Southold hereby authorizes the
followin~l budget modification to the General Fund - Whole Town 1990 Budget for
the transfer of monies from the 350th Committee's Donated Funds held in Trust
& Agency:
To:
Revenues:
A2705 Donations $ 1,093.12
Appropriations:
A7550.4 Celebrations, Contractual Expenses $ 1,093.12
15.~Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
l$.-Moved by Councilwoman Oliva, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resic~nation of Maureen Meehan, Clerk Typist in the office of the Town
Clerk, effective August 15, 1990, and extends best wishes for happiness and
success in her college endeavors.
16.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
direcl~s the Town Clerk to advertise for resumes for a provisional Clerk Typist
for the Town Clerk's Office, at a salary of $18,435.40 per annum.
17.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints An~tela
Fiorvantes as a Lifeguard, effective August 7, 1990 for :the remainder of the
summer season, at a salary of $7.42 per hour (1st year).
18.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
19.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby ~trants permission
to Community Development Administrator James C. McMahon to attend a Landfill
Closure Grant Rec~ulations Workshop, at Newburgh, New York, beginhin9 at 12:30
P.M., Tuesday, August 14, 1990, and the use of a Town vehicle, and the necessary
expenses for meals~nd travel shall be a legal charge against the 1990 Budget.
19.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, 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 authorizes and
directs Supervisor Scott L. Harris to execute an Order on Consent to the Suffolk
47
48
AUGUST 14, 1990
Co,unt¥ Department of Health Services with respect to the underground gasoline
storage facility at the Southold Town Highway Department Headquarters, Peconic
Lane, Peconic, New York; and be it further
RESOLVED that Supervisor Harris be and he hereby is authorized and directed
to transmit a check in the amount of $750.00 to the Suffolk County Department
of Health Services, along with the Consent Order, in satisfaction of the alleged
violation of the Suffolk County Sanitary Code.
20.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount $531,980.00 for a performance bond for roads and improvements in the
major subdivision of Franklinville Homes Properties, Laurel, all in accordance with
the recommendation of the Southold Town Planning Board and Sidney B. Bowne
& Son, Consulting Engineers.
21.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Rescinded 8/28/90 by Resolution #22
22.-Moved by Councilman Wickham, sec6nded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby en~ta~tes the services
of Richard A. Winters to conduct an appraisal of the property of Dennis K. Corby,
located at the Northeast corner of County Route 48 and Depot Lane, Cutchogue,
New York, at a total fee not to exceed $750.00.
22.-Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Oliva,
Justice Edwards, Supervisor Harris. Abstain: Counciwoman Latson.
This resolution was declared duly ADOPTED.
COUNCILWOMAN OLIVA: I was reading the newspaper when I got home, the Newsday,
and it said in Newsday that Southold Town had applied to the DEC for an extension
for the closure of the Landfill. Now, I'd like you to explain to me, that I don't
remember the Board ever formally authorizing you to send a letter.
:-SUPERVISOR HARRIS: The extension was applied for through Assemblyman Joe
Sawicki, and Ken LaValle through legislation.
COUNCILWOMAN OLIVA: Through that, but we haven't. Not that I'm against
it. It's just that I had no knowledge of it.
SUPERVISOR HARRIS: We have not as a Board applied for the extension. We
have done so, through resolutions that we have supported...
COUNCILWOMAN OLIVA: Then it was just kind of a misquote in the paper. !
just wanted to get that cleared up. Not that I'm not in favor of it, because I
am. I think the sooner we do it, the better. Thank you for clarifying it, Scott.
I appreciate it.
SUPERVISOR HARRIS: is there any member of the audience, that would like to
address anything at this time, before we go into our publichearing, which we
have scheduled at 8:00 o'clock.
WILLIAM PELL: What property are you having appraised?
SUPERVISOR HARRIS: It's property called the Corby property on the corner
of Depot and 48, on the North side, on the corner.
COUNCILWOMAN OLIVA: McBride is just to the east of it. It's the corner piece
and then there's McBride, and then there's the houses with the landfill behind
it.
MILDRED BOYCE: I'm Mildred Boyce from the North Fork~A.nimal Welfare League.
Not ail our members are here yet, especially our main speaker. Can we be delayed
a little bit?
SUPERVISOR HARRIS: Sure, we going to go into a public hearing, and after
that we're going to back to the public, if there anybody that would like to speak
in that time.
SUPERVISOR HARRIS: It's 8:00 o'clock. At this time, we have a regularly
sceduled public hearing.
Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that a recess be called at this timer 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
AUGUST 14, 1990
4¸9
Meetin~l reconvened at 8:17 P.M.
SUPERVISOR HARRIS: Now, we will go back to our regular session. At this
time, I'm going to ask any members of the audience, that would like to address
the Town Board, on any matter, that you feel may be pertinent or informational
to this Board as a whole, with any relation to anything. Yes?
MILDRED BOYCE; My name is Mildred Boyce, and I'm President of the North
Fork Animal Welfare League. I have with me petitions with names of 250 people,
and it says, we, tt~e-undersigned, support Southold Town's resolution to replace
the old cardboard dog shelter with a new structure, and an addition.Last November
28th, we handed in other petitions requesting replacement of the old shelter, with
at least two or three hundred. So all together, we have given petitions with 500
signatures on them, and we, as League members are very, very disappointed that
the Board is not going to vote on the resolution to replace the old shelter this
evening, and I wonder if anyone would like to speak to that. We've been promised
this new shelter for many years, and we thought surely, now was the time, that
the Town Board was going to move on it, and we find disappointment again.
SUPERVISOR HARRIS: The Board 'is moving on this. As matter of fact, there's
an architect that's going to be reviewing the plans 'that were drawn up a number
of years ago, and he's going to come before the Board with those plans, and talk
to us about what was done, who modified it, if there were any modifications, what
size it is, and so on. Many of us have not seen those plans, and that is what
we're moving on right now, endeavoring to do. We talked about that today, as
a matter of fact, in work session, and as soon as the architect has these plans,
he will present them. We'll have it on the work session at a regular Town Board
meeting, and we will discuss that at that time, to see what the next move will
be after we see what has been drawn up. Many of us have not been privy to
that yet.
MILDRED BOYCE: How much time, can you imagine, before we will see.
~SUPERVISOR HARRIS: I can't tell you, until the architect brings in the plans.
MILDRED BOYCE: This has been the story over many years, people having to
look at plans, and this and that, and there's a new administration, and this didn't
have anything to do with us, and many more years go by, and the building is
falling down up there. It could be knocked down in about ten minutes, and I
think it's time to stop shilly-shallying, and stand up and do it right. Thank
you.
BOB HARRINGTON: I'm Bob Harrington of Southold. Most of you know me. It
ir~,/olves the last few years in the Animal League. I understand today, at the
work session, you had some very concerned people come down. I don't know
what hapPened at that work sesssion, but I understand noise was a big factor,
as far as the building is concerned, and from what I've heard it's possible that,
also, tax money was a big factor. I'd like to speak a little bit for the League,
and I~d like to speak for myself also, after that, just for a moment at least. I've
already seen the plans. I know the plans are built that way to try to cut down
on the noise to the people in that very area. Since I've been involved with this,
and I'm not taking credit for this, but I know what's happened since I've been
involved with this. We work very hard to do everything possible to cut down
the noise to those people, and we want the support of all the people in Southold
Town, and we know that with the way the building is designed, a cement circle,
the dog runs that are there, that are presently there, and one of the major problems
we've had, is too many dogs, and then the position of the dogs when the people
come in. Now, as far as too many dogs are concerned, three, three and a half
years ago, we had 60 dogs. We're down to 36 dogs now. We work very hard
to do that. That's one dog per run. We're going to get all dogs out of dog houses,
and into runs, where the noise and everything else is more controlled. That's
been going along very well, with the help of the Town, you all knoTM how much
has been put into that. The Town has put a huge amount of money already in
the building. As a taxpayer, I can't imagine. . it was brought to my attention,
that perhaps that another site been looked at. I just can't imagine even looking
for another site. I don't see how you can find one in Southold Town, that would
ample suitable, You've already spent an awful lot of money, and as a taxpayer
I don't want to see t~hat money thrown away. It's like abandoning those buildings.
The League has discussed ways..first one of the major problems is the noise.
When somebody pulls into the yard the dogs all start barking wildly. We wanted
to put up privacy fences, and hedges, and screens, and we still want to do that.
We'll do that at our own expense. We spent a lot of money already On the grounds
of our own, which you know about, and you spent a lot of money. But we do . .
want to go to building a privacy fence, because we knew you had t° rip them
down to build a building. Once the building is bUilt, then we can screen off
AUGUST 14, 1990
the dogs, so they wouldn't see everybody, that pulled into that place. It would
cut the sound down considerably. I'r~ very confident that the sound would be
cut down drastically to those people in the neighborhood. Also, I went over to
the Animal Rescue in Southampton, in Wainscott. I think it's in Wainscott. They
explained to me how they built theirs facility, and one thing they~di~t is build berms
around it to deflect the sound. They were very successful with that, and I don't
want to speak for anyone else, and hopefully Ray Jacobs doesn't get mad at me,
but the thought has occurred to me, that once all this construction is built, he's
got mountains of sand out there, you know mountains of dirt of all kinds, it seems
to me that just be m0¥ing a few pieces of available equipment, iust move the fence,
and dump it along. We could deflect the sound upward. I think it would be a
hell of lot less expensive than moving the building, but we can't continue our
efforts, the way we want to continue them, and really get the number down on
those dogs, and get them all healthy, and do what we want to do for the town,
without that building. We need that building very badly.
COUNCILWOMAN OLiVA: I think, Bob, you know when the plans come in, we
told people that were here, that we'd like to work with the League, and they should
be here, and the Town Board, when Gary brings those plans back, again, for
the people that haven't seen them, so we can all sit down and work things out.
They do give you credit, that you really try to help cut the noise down, and
what have you. For instance, one of their complaints were that the dogs were
let out at seven o'clock in the morning. Well, that's something that can be changed,
I'm sure, the time. But, I think if we all sit down together, when the plans come
in, because I think the Board is committed to cleaning up that cardboard sewer,
which is terrible.
BOB HARRINGTON: And we're committed to not being at odds with them.
COUNCILWOMAN OLIVA: ! think if we ail work together, I can think we can
arrive at a minimal conclusion to all of this.
BOB HARRINGTON: I just hope we can do it quickly.
COUNCILWOMAN OLIVA: I know it's really needed. It's in terrible shape.
SUPERVISOR HARRIS: Is there anybody else?
JIM BITSES: Jim Bitses. We have laws ~.verning the conduct of people. They're
called penal laws. Right, Harvey? We have laws governing the conduct of
animals, such as cats and dogs, and there are~ Town laws that are mandated by _
the State, and with the penal laws we hire policeman to enforce these laws. The'
Town has discovered, that you can't hire compassion, and consequently in it's
wisdom, they have given the enforcement of these compassionate laws, over these
weak and helpless animals, into the hands of compassionate volunteers, because
apparently the word has gotten out, there are no compassionate bureaucrats..In
any event, the people sitting here are merely the tip of the iceberg. They are
driven by partly religious feeling to assist the weak, and those who are incapable
of assisting themselves. Now, this morning a handful of people came in with
property rights to protect, and with problems, legitimate problems, and they've
caused the Board to retreat to a certain extent. Now, ladies and gentlemen of
the Board, you are all skilled people in dealing with the public, and you know
at certain times you have to retreat, and certain times y_.ou have to advance. My
suggestion is that these people who addressed you this morning, do not really
have the votes to carry out any of their threats, whereas, these people are a
thousand strong, and they are driven by religious .fe~,er. Now, let's get back
to the subject. We have been shilly-shallying, as they say on the construction
of needed facilities. If, there' were shilly-shallying on the construction of the
Police station, there would be an outcry. Well, there is an outcry, and at least
500 people have signed petitions, asking that this neccessary work go forward,
and that steps be taken so that the sound of the dogs can not bother the local
neighborhood, which is reasonable. I would appreciate it, if instead of just giving
us a general statement, that it's going into the hands of architects, I would
appreciate it, if this Town Board, at this time, would place it on a future calender
for a future vote. In other words, g~ve us a specific date when you can handle
this problem, so that we can be here to represent the thousand people in this
town, who feel very strongly about this animal shelter. Thank you.
SUPERVISOR HARRIS: Mr. Bitses, I would address a couple of comments, that
were made. First of all, this Board in no way is retreating. I don't know where
that verbage came from, that you used, but t think it's a poor choice of words.
There are concerned citizens, taxpayers, out there, that are concerned, as well
as people who work very hard, and have done a tremendous job for the taxpayers
of this town, those being involved with the League. All of these people are
entitled to a voice. The idea of the public hearings, that will take place on this
building, is that we can all work towards their resolve. That's what was mentioned
this morning. These peoplet as you said, certainly do have rights, as well as
other people. They feel that they have been looked down upon, and have been
dumped upon, and they felt that it's time to address problems, that have been
going on for~some twelve or thirteen years, according to what I understood this
morning. Certainly this Board is going to listen to all taxpayers in this town.
This Board is committed towards working towards this shelter, and inpro¥ing this
facility, and building it. I think that was made clear two weeks ago, and I think
that this has been going on for years, as was mentioned earlier. Certainly it
has. But this Board is going to deliberate, and going to work towards a resolve
for everyone, and that does mean looking into possibly the shelter itself. What
can be done about the noise, and that problems that exists for those neighbors,
who feel they have a problem living in this area. So, that's what this Board is
doing. This Board is in no way retreating, and I think that was a poor choice
of words. As matter of fact, Jim, ~ don't know where the words came from~ because
~ didn't see you present this morning at the work session. I think if you had
been there, you would have heard this Board address the concerns of those people,
as well as everyone in this room. That's what we're going to do, work together,
to come to a resolve to make something in this town r that we're all proud of. That
being the dog shelter of Southold Town.
JIM BITSES: The people, that spoke this morning have the same interest as these
people do. They don't want a lot of dogs yapping all over the place, and neither
do these people. In other words, everyone is in agreement. There is a solution,
and the solution has to do with the construction,that's worked oul~ in advance. You
can't solve the problem by putting it off. You have to approach it, and have
to take care of the problem, and part of taking care of this problem, is the construc-
tion of the additional facilities, that have been called for, which is why, rather
than leaving this matter in limbo, you might consider that a specific date should
be given to the people in the audience, and the people in this town, as to when
this specific item will, again, come up on the calender, so that they can come
here, and express themselves.
_~SUPERVISOR HARRIS: Thank you. Tom?
COUNCILMAN WiCKHAM: I would just like to comment very briefly along the
lines of the Supervisor, that there was no retreat on the part of the Town Board.
The Town Board heard some expressions of concern this morning. We listened
to them. Proceedurely, welre not able to put on the agenda a resolution until
we have an idea of what it would cost. We have asked the architect to review
the drawings. We have asked the League to be present at our review of those
drawings. We have every intention to go ahead with it. I am not clear where
this is coming from. It will be on the agenda as soon as we have an opportunity -
to review those drawings, and come up with a cost estimate, that we can put on
our agenda, and I look forward, and I'm sure that colleagues on the Board all
look forward to dealing with this as expeditiously as possible.
SUPERVISOR HARRIS: I would, also, like to comment that this morning, and
I would reiterate what I said. The last thing, that I want to see as Supervisor,
is two groups, adversarial roles, where nothing will be accomplished. That's the
last thing that this town needs. I think it's the last thing that you believe in
and it's the last thing they believe in. They're all in favor of the League. They
said they have been. They support it one hundred percent. They said they
have petitions, also, that have two or three hundred people on it, in the same
respect to relocate the shelter, other than where it is right now. So, what I'm
saying to you, is that we all have to work together from this. We're not going
to let this turn into two groups, adversarial. We're working together towards
one resolve, and that's for the betterment of the animals in Southold Town, not
to mention the taxpayers. Yes?
CORRINE DONNAPREA: My name is Corrine Donnaprea of Southold. I think what
has happened this morning is unfortunate then, because we were not knowledgeable,
we could appear this morning. We understand that the meeting was scheduled
for tonight, and it's unfortunate that these people weren't with us, so that we
could begin, all the Board, and everyone concerned in Southold.
SUPERVISOR HARRIS: That's what this Board said this morning. That we are
going to work all together on this. As soon as we can get ahold of those plans,
and review them, we will have public meetings and we will work towards that
resolve, and that's what we said this morning. An individual gentleman,this
morning, made an appointment with the Board to speak. That's what was on the
agenda.
CORRINE DONNAPREA: That's where we went wrong, I guessf because ~ personally
would have loved to hear these people speak.
AUGUST 14, 1990
SUPERVISOR HARRIS: And, also, I'm not sure that I understand where Mr. Bitses
is coming from with a resolution. There was never a resolution on any agenda,
nor, had there been planned to be a resolution until the architect had received
the plans, and then brought them to us at our work session, so then we could
then publicize that we had the plans, so you could all come to look at them. We
could discuss this all openly. So, I'm not sure where individuals thought there
would be a resolution today.
JIM LARRO: My name is Jim Larro. I'm on the Board. Regarding the resolution,
it was right there in the newspaper, that it would be presented, right in the
Mattituck-Watchman.
SUPERVISOR HARRIS: What was said, Mr. Larro, at the last Board meeting was,
said, that the Town Board would review the plans as soon as they received them.
JIM LARRO: Supervisor Harris have the resolution, pass the resolution, tonight.
TOWN ATTORNEY ARNOFF: Mr. Larro, I'm somewhat of a fan of early television,
and early performers, and I'm remii~ded of a quote of Will Rogers, and that is,
I believe half of what I read, and none of what I hear, or vice versa. I forget
which the quote was. I've always confused that quote, and sometimes that doesn't
mean to say, that you didn't read the article correctly. ! think what you really
have to bear in mind is that it would be physically irresponsible for this Town
Board to have any resolution on it, before they were able to make a intelligent
decision, one, as to the design, two, as to the cost of any type of structure
modification, or rebuilding of the shelter. I think you've heard virtually from
every member of the Board here, their resolve to do this as expeditious as possible.
Now, they are responsible to you, as voters, to do what they said they're going
to do, and my experience with this Board, and it's somewhat limited, it's been
more than six months now, is that when they set out to do something, they do
it. That's been my experience. I can tell you that the architect has the plans.
They're going to be presented, and some members of the Board were not here
to see it in the first place. So, that's the problem.
JIM LARRO: The Board has been doing great work in the last several months,
maybe the last six months. Much more has been done than in the past, and we
appreciate that. But getting back to what you said before, don't believe what
you read. I'd rather believe what I read in this particular case. I'll .~get in touch
with~the Traveler-Watchman. I'll speak with Patricia.~-.Wood, and Lydia. Tortora
printed the article on two occassions, two issues. I believe it was the 4th. I've
got the copies, and I'll ask the Traveler-Watchman, where Lydia Tortora got the -
idea that this resolution was going to be presented.
TOWN ATTORNEY ARNOFF: Fine. I welcome that. I'm not aware of that statement
having been made. It's an excellent newspaper.
LYDIA TORTORA: These are the minutes from the last meeting. I'm going
to tal'k to the Traveler-Watchman. Supervisor Pell..Past Supervisor Pell, has been
so kind as to give them to me, and July 31st minutes of the Town Board work
session, 11:45. Discussion Items, Supervisor Harris dir. cussed the poor condition
of the Southold Town Dog Pound, and the need to move ahead with the construction
of a new building. Garrett Strang, Architect, and representatives of the North
Fork Welfare League will be invited to the August 14th work session to review
the proposed plans. Board members agreed a bond resolution will be required
whent he final costs are established. According to my notes, in all fairness, and
Mr. Arnoff you were not present that morning. There was then talk about putting
a bond resolution on the agenda for, I think, it was between $100,000.00 and
$150,000.00, and that is what I reported.
SUPERVISOR HARRIS: Lydia, and also, the members of the North Fork Animal
Welfare League are here tonight, and they are discussing this. They were notified
about this meeting, to come tonight, and speak, and they are here. Is there
anybody else, that has anything else to say in reference to this?
BOB HARRINGTON' I know you're working on this, and I know you have to
go through due process, but we've seen the process a number of times, not with
this particular Board. I've got very high hopes for this particular Board, but
let's iust move it, as fast as we can. We'll cooperate in any way we can. We'd
like to get together with those people, and explain what we've got planned. We've
got a few way in mind, to discuss. Perhaps others have ways of saving money,
which are not neccessary in the building. We want to move it quickly. You k-now
that already. I just want to say it one more time. Thank you.
SUPERVISOR HARRIS: Anbody else? A motion to adjourn? Yes?
JODY ADAMS: No. I have something to say on a different subject. I wisl~ you
all would leave, because you don't want to hear this. Okay? Here we go. In
roughly 1979, a $outhold Town Board composed of Ray Dean, Judy Terry, A!
Martocchiar Carl Cataldo, and others, were quoted in The Suffolk Times, as l~a¥ing
said that I, Jody Adams, had harassed them through the use of telephone calls.
At the time, this was untrue. Being untruet it was slander on the part of most
members of the Southold Town Board, and liable when picked up and not che¢l~ed
out by The Suffolk Times. With this single, simple newspaper story began a conflict
between myself, and both The Suffolk Times, and Southold Town. In the way
of prophecies, if accused were not due, later the techinique of selective, and
unselective haressment,and thier conflict, may have been used. At the time of
printing, however, it was untrue. It is unnerving to be the victim of entire town
government. Regrettably to a greater and lesser degree, that victimization has
continued to this date. Two weeks ago, I made a statement about a Board membert
who had slandered me, publicly. That statement was true. It was made publicly,
and the local newspapers, including the Suffolk Time, typically choose not to print
or even refer to it. The local press continues to wrongly protect the reputations
of local policie and politicians, as they fail in their duties, and step on citizens,
while so failing. In 1987, I brought out another something fact...historical fact
about Southold Town Police Chief, .and the death of his father. In concert with
members of the Southold Town Board, and Judy Terry, these letters and statements
were turned into criminal charges based, in part~ on this statement. Again, !
believe to be true as the Police Chief's father was a Southampton Police Officer.
Part of the reason, for .the arrest, was given as this statement in one of these
letters, which l've just reviewed, "your husband goads people, intentionally inflects
harm on them through his action, and interactions as a police officer, and then
has them arrested, as if there was no background or reason for their action."..
Then there are three dots. I don't know what that means. "Possibly, if I am
lucky, he will be killed by multi-shotgun blasts, or die like his father before him."
Close quote. While my hope for kinder thoughts is how this became criminal,
is beyond me. These things must be looked at, and resolved. Judy Terry is
quite right in saying, that I'm out to get her. She is one of few full-time
persecutors of me, and I will see her out of public life. In 1982, I filed a civil
~rights lawsuit charging this town with conspiring to deny me my civil ri~lhts.
Regretably, most of the conditions continue, simply waiting to reoccur. ~alse
criminal charges and conspiracy are other things. Thank you.
SUPERVISOR HARRIS: Yes, sir?
ARTHUR O'NEILL: My name is Arthur O'Neill, on Goose Creek. To possibly,
detail some further problems with the Town Board~ I would like to request the
clarification of the restrictions, or non-certifications, that are made in the various
bays. I refer to Goose Creek, which has just had a non-certified placard put ~-
at the bridge, and at the head of the canal. This placard was made by New York
State, or posted by New York State. Because of my nautical experience and
following, I have been requested, or asked, what shellfish..what the definition
of shellfish means~ and I was told by these people that are asking me, that it
did not include crabs. I checked the sign from New York State, and it refers
specifically to clamming, so I called New York State to find out what their definition
is. They said that crabs are not included, because crabs are crustaceans. However,
when I called the Town Board, or the Town Hall, this morninc~, I was told that
am to follow the list that I get when I obtain a permit for cla~ming, crabbing
or shellfishing in the area, and that particular document list crabs, as part of
shellfish. At this particular point, it is to me confusinc~, as to whether crabs
are going to be enforced as a no-no, or is it only the ~lams, oysters, scallops
and mussels. I would like very much if the Town Board could clarify that, because
I'm sure there are going to many discrepancies, or disputes, especially when the
Bay Constable comes around, and issues maybe summons for the crabs, or whatever,
and I don't know what happened. This is my first time of presentation to the
Board. I approached the Board earlier today with regard to the lifelines. I'm
approaching the Board, at this time, with regard to the restriction, or decertification
problem. I do not know whether this is going to end here, or whether there
will be, as I requested, some sort of clarification, either publicly, or through
myself, regarding these two problems. With that, I'll leave you to deliberate,
and come back to me, or the public, at a later date. Thank you.
SUPERVISOR HARRIS: Mr. O'Neill, maybe I can, at this timer address some of
the questions, that you asked. First of all, the closures are done by the DEC.
These were studies~that were done since 1987. All the creeks in the Town of
Southold, there is heavy coliform count, which dictates whether shellfishing areas
can be opened or closed. In this case, the counts are higher than what is allowed
by, probably the FDA regulations, and based on that the DEC has closed Goose
Creek conditionally, which it means it opens up, I think it's on the 15th of
December. It goes through to April 15th. Somewhere in there in the time frame.
At that time, it opens up again, because the counts slow down, and then it's called
conditional, and based on the amount of rainfall that we get, if there's none it
AUGUST 14, 1990
stays open. Once it's closed, it's due to rainfall, having over, I think, a half
inch of rain. Based on the shellfish ordinance, when I became Supervisor in
January, one of the first things, that addressed and looked at, was the shellfish
code, and there are definitely very broad definitions of what shellfish are,
incorrectly stated in that code. There's no doubt about that. They have periwinkles
or conchs in there. You don't need a license for that, but yet they have the
definitions under that as shellfish. There's a definition there, as you said, for
crabs under, instead of crustaceans, it says shellfish. I agree, there are sections
in there, that have to amended. However, I don't think that you're going to
find the Bay Constables of this town giving anybody a summons for crabbing, or
eeling, so on in the creeks, other than possibly taking mussels, because mussels
are considered to be shellfish, and so are the clams, and those two things, if
they were found to be taken, would probably have a fine issued, maybe not just
by the Bay Constable, but possibly by the DEC Office, but other than that I
don't think you're going to find any of the Bay Constables of Southold Town
enforcing those sections of the code, that certainly are defected in definition.
It will be amended.
TOWN ATTORNEY ARNOFF: Sir, just to add one thing. Basically speaking,
if you get a local license, which is what our shellfishing license is, it gives you
the right to do certain things. For example, the definitions go to not only the
standard shellfish, the clams, the mussels, etc., but, also, crabs. Now, if the
State of New York posts an area, and they post it so as to prohibit the taking
of shellfish, under their definitions, not ours, then that's what prohibited, so
your license remains valid for anything that is not prohibited by the State,
because the State, except for the Trustees in town, and that has to do with
other things, has superior jurisdiction. That's not a lot of double talk, because
what really happens is you slip through the cracks, so to speak, and you can
continue to take crabs, because it hasn't been prevented the State, as yet.
ARTHUR O'NEILL: I understand what Supervisor Harris, and you are saying,
but however if I had that question in my mind, and you are explaining it to me
~at this Town meeting, I presume that there might be many other people out there
that are wondering the same thing, and that is what my question was, is this
going to be clarified, or can it be clarified, later on?
COUNCILWOMAN LATSON: Crabbing is okay.
SUPERVISOR HARRIS: Hopefully, it's been clarified right now, Mr. O'Neill.
the media reports what has been said tonight at this meeting, hopefully, that
clarification will come forth.
When
COUNCILWOMAN LATSON: Your councilpeople, and Town Board members will
be crabbing in the creeks, that are closed. I mean it's allowed.
SUPERVISOR HARRIS: Is there anybody else, who would like to address the.
Board? (No response.) We'll have a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:50 P.Mo
Vote of the Town Board: Aye: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judit~ T. Te~yy~
Southold Town Clerk