HomeMy WebLinkAboutTB-08/28/1990SOUTHOI n TOWN BOARD
5¸5
AUGUST 28, 1990
WORK SESSION
--~9:15 A.M. -Present: Deputy Supervisor George L. Penny IV, Justice Raymond W.
dwards, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman
homas H. Wickham, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith
T. Terry, Town Attorney Harvey A. Arnoff [11:30 A.M.), Supervisor Scott L. Harris
(10:45 A.M,--Attended meeting of Suffolk County Legislature to lobby for the final
phase of funding for Fort Corchaug - One Million Dollars - which passed).
For Discusson Items: ~lJ Letter from Paul A. Caminiti requesting the construction
of a sidewalk on the east side of Beckwith Avenue, Southold. During the winter
months automobiles are now allowed to park on the west side of the street and,
consequently, all cars park on the east side creating a pedestrian hazard. The Town
Board will ask Superintendent of Highways Jacobs the feasibility of reversing the
parking to the west side of the street. (2) New York New Jersey Harbor Estuary
Program seminar, September 25th at New York City. Town Trustees and
Conservation Advisory Council will be invited to attend. (3) Memorandum from
Accountant John Cushman advising that the 350th Committee would like to pay the
net proceeds of the barbecue to the Southold Historical Society for the restoration
of the Old Bayview Schoolhouse. Board will wait until the budget is in surplus. (4)
Determination on who shall pay for the cost of bottled water for the Laurel Tourist
Information Booth. Board determined they have an obligation to provide drinking
water (see resolution no. 17). (5) Proposed "Local Law in Relation to Boats, Docks
and Wharves" - public hearing was held on August 14th. Board decided to adopt
same (see resolution no. 18) and review the existing law to address other concerns
of.the Town Board not covered by the local law.
--9:35 A.M. Plannin9 Board member Mark McDonald met with the Board to
discuss the Suffolk County Water Authority's contract to purchase property from
Richmond Creek Associates for a well site (contingent upon a DEC l~er,~it).
-- Councilman Wickham said he has a problem with a public water authority
providing help to a developer, and feels the Authority's action is a slap in the
Town's face for not coming to the Town before entering into the contract.
Councilwomen OliYa and Latson concurred. Mr. McDonald will return at 2:30
P.M. for further discussion with the Board.
10:10 A.M. - Garrett Strancj, Architect, met with the Board and submitted the
Dog Pound plans which were partially implemented in 1987 by the construction
of 12 kennel runs, making a total of 24 runs. The remainder of the plans
provides for the construction of an administration building, and the provision
for 12 additional runs as a future option. Mildred Boyce, President of the North
Fork Animal Welfare League, and Bill Cremmers, Director, stated their goal is
36 runs. Residents of the area, Theresa Westerlund, Alice Malinauskas, and
Diane Droskoski, also present, urged the Town Board to look at alternate sites,
as they have been subjected to the noise from the pound for many years and
it is unbearable most of the time. Mr. Strang was asked to review the plans
and submit'an analysis of the type of facility needed based on a Town population
of 40,000, as well as an analysis of effective ways of reducing the noise. The
~_cc~+e was asked ~ ~ .a ~-~,~r~ z~ ~LJ~e Jexzgth of stay of dogs being held
at the pound. Councilman Penny suggested a meeting with the League to look
at reducing the dog population 'and noise abatement.
~1:40 A.M. Conservation Advisory Council Chairman John Hozapfel met with
:he Town Board to submit the CAC's proposed "Adopt a Creek Program". They
--propose to start with Goose Creek and involve property owners on the creek
to pollution problems caused by road runoff, birds, septic systems, boats, etc.
They would like to involve the DEC by asking them to do testing. The Town
Board authorized the implementation of the program.
12:15 P.M. - For Discussion Items (continued): (6) Request from Town Justice
Edwards, on behalf of--Walsh Park affordable housing program, Fishers Island,
for the Town to take over four street lights in Walsh Park. The Judge was
advised that the Town cannot pay for street lights until the roads have been
dedicated to the Town. (7) Accountant John Cushman discussed the Building
Permit System software program which was purchased by the Town in 1987. The
program has T~ot t~een utilized and Principal Building Inspector Leesard has
advised Mr. Cushman that he sees no benefit to the Town to implement the
AUGUST 28, 1990
system, since the implementation would require them to change all of their forms
and procedures. Councilman Wickham and Mr. Cusham will work with the
BUilding Department to solve this problem. (8) Memoralizing resolution from
the Suffolk County Legislature requesting towns within Suffolk County to roll
back government impediments to middle class first-time home buyer purchases.
Supervisor Harris will respond with a copy of the Town's Affordable Housing
regulations. (9) Discussion relative to increasing the tax exemption for
residents over 65 on the county portion of the taxes (see resolution no. 19).
(10} What will be the Town's policy with respect to Reservists called to active
duty? Supervisor will contact Assemblyman John Behan's office for guidelines.
12:55 P.M. - Recess for lunch.
2:30 P.M. - Work Session reconvened and the Board again met with Planning
Board member Mark McDonald and discussed proposed charges to the Water
Advisory Committee, the role of the Suffolk County Water Authority in the Town
of Southold, and development of a Water Management Plan. Mr. David Ross,
Suffolk County Water Authority, will be invited to meet with the Town Board
at 9:00 A.M. on September 11th.
EXECUTIVE SESSION
3:10 P.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.---The Board
met with Board of Appeals Chairman Gerard Goehringer, member Charles
Grigonis, and Clerk-Typist Doreen Ferwerda to discuss personnel.---Following
this discussion Town Attorney Arnoff and Assistant Town Attorney Kiernan
brought the Board up to date on pending lawsuits.
4:35 P.M. For Discussion Items (continued): (11) Councilman Wickham
updated the Board on the solid waste management plan (see regular meeting
minutes for this report). (12) Supervisor Harris submitted a proposal from
Peconic Land Trust for the preparation of a Concept Plan for the Cove Beach
property, East Marion (see resolution no. 23). (13) Copy of the Suffolk County
Water Authority agreement with Richmond Creek Associates.--Discussed earlier
with Mark McDonald. (14) Appraisal of parcels near the landfill.--Board will
obtain a fee from Richard Winters to do appraisals of a number of parcels, and
in the meantime rescind their resolution for the one parcel of Denis Corby,
which will be included in the package. (15) PropOsed "Local Law in Relation
to Taking of Shellfish" regarding the prohibition of the use of dredge or bull
rake for scalloping from October 10 to March 31. Board determined that the
Town Trustees could issue this prohibition by resolution. (16) Report on Fishers
Island Water supply Study by Councilwoman Latson
EXECUTIVE SESSION
5:20 P.M. - On motion of Councilwoman Latson, seconded by Councilwoman Oliva
it was Resolved that the Town Board enter into Executive Session. Vote of the
4~,e~r~l: ~A¥~s; .S~t~js~r J-l~rr. Ls~
Councilwoman Oliva, Councilwoman
discussed personnel.
5:45 P.M. - Board audited bills.
6:35 P.M. - Work Session adjourned.
Justice Edwards, Councilman Penn¥~
Latson, Councilman Wickham.---Board
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, August
28, 1990, at the Southold Town Hall, Main Road, Southold, New York f Supervisor
Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth
Councilwoman Ellen
Councilman Thomas
D. Oliva
M. Latson
~ W.ickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: We need a motion to approve the audit of the bills for
August 28, 1990.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $91,886.69; General Fund, Part Town
bills in the amount of $19,066.07; Nutrition Fund bills in the amount of $2,931.90;
Adult Da.y Care bills in the amount of $350.96; SNAP Program bills in the amount
of $1,919.78; Community 'Development Fund bills in the amount of $19,250.00;
Highway Department, Whole Town bills in the amount of $4,954.39; Highway Fund,
Part Town bills in the amount of $5,134.84; Employee Health Benefit Plan bills
in the amount of $49,421.11; Fishers Island Ferry District bills in the amount of
$11.,462.915 Fishers Island Sewer District bills in the amount of $1,660.00; Southold
Agency & Trust bills in the amount of $4,516.12; Fishers Island Ferry District
Agency & Trust bills for the amount of $1,128.49.
~-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: A motion to approve the minutes of the-Town Board meeting
of August 14, 1990.
Moved by Councilwoman Olvia, seconded by Councilwoman Latson, it was
RESOLVED that the minutes of the Au~tust 14, 1990, 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: Before we go out to the public, to see if there's anybody
who would like to address anything on what we're discussing tonight, as a resolu-
tion, and before we approve the next meeting date of Tuesday, September 11th,
I'd like to formally annouce tonJgh~ that J:ort Corchaug phase three was passed
by the vote of 13, 4 and 1, so we now, through everyone's help, Legislator Mike
Caracciolo was very instrumental in helping carry this through, along with many
other individuals. We now have completed the third phase of the total purchase
of 104 acres of property surrounding Down's Creek. I thought i'd make that
annouY~ement. We need a motion, Tuesday, September 11, 1990, 7:30 P.M., the
next regularly scheduled meeting.
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, September 11, 1990, at the Southold Town Hall, Southold,
New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latsonf
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: And on one further note, we asked for a birthday present
"from the Suffolk County Legislator, and I think they have given it to this Town
fb~ our 350th anniversary.
COUNCILWOMAN LATSON: All that remains is ~or ~ounty l~xecutive 1-1alpin '[o
sign it.
57
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, August
28, 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:
Supervisor Scott L.
Justice Raymond W.
Councilman George
Councilwoman Ruth
Councilwoman Ellen
Councilman Thomas
Harris
Edwards
L. Penny IV
D, Oliva
M. Latson
H,. ~ickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
.SUPERVISOR HARRIS; We need a motion to approve the audit of the bills for
August 28, 1990.
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $91,886.69; General Fund, Part Town
bills in the amount of $19,066.07; Nutrition Fund bills in the amount of $2,931.90;
Adult Da~, Care bills in the amount of $350.96; SNAP Program bills in the amount
of $1,919.78; Community ~Development Fund bills in the amount of $19,250.00;
Highway Department, Whole Town bills in the amount of $4,954.39; Highway Fund,
Part Town bills in the amount of $5,134.84; Employee Health Benefit Plan bills
in the amount of $49,421.11; Fishers Island Ferry District bills in the amount of
$11.,462.91; Fishers Island Sewer District bills in the amount of $1,660.00; Southold
Agency S Trust bills in the amount of $4,516.12; Fishers Island Ferry District
Agency & Trust bills for the amount of $1,128.49.
;-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: A motion to approve the minutes of the-Town Board meeting
of August 14, 1990.
Moved by Councilwoman Oivia, seconded by Councilwoman Latson, it was
RESOLVED that the minutes of the August 14, 1990, 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: Before we go out to the public, to see if there's anybody
who would like to address anything on what we're discussing tonight, as a resolu-
tion, and before we approve the next meeting date of Tuesday, September 11th,
i'd like to formally annouce tonigh~ that Fort Corchaug phase three was passed
by the vote of 13, 4 and 1, so we now, through everyone's help, Legislator Mike
Caracciolo was very instrumental in helping carry this through, along with many
other individuals. We now have completed the third phase of the total purchase
of 104 acres of property surrounding Down's Creek. I thought I'd make that
announcement. We need a motion, Tuesday, September 11, 1990, 7:30 P.M., the
next regularly scheduled meeting.
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, September 11, 1990, 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: And on one further note, we asked for a birthday present
'from the Suffolk County Legislator, and I think they have given it to this Town
f0i~ our 350th anniversary.
COUNCILWOMAN LATSON: All that remains Ts 1=or l~ounty l~xecutive 1-1alpin to
sign it.
58
AUGUST 28, 1990
I. REPORTS.
1. Southold Town Police Department Report for July, 1990.
2. Councilman's Report.
3. Supe rvisor's Report.
II. PUBLIC NOTICES.
1. New York State Department of Environmental Conservation, Notice of
Complete Application by Fishers Island Water Works Corporation's proposal to convert
a test well to a water supply well, included will be construction of a 16' x 23'
chemical treatment plant. Written comments not later than September 14, 1990.
2. New York State Department of Environmental Conservation, Notice of
Complete Application by U.S. Department of Agriculture, Plum Island's proposal
to replace bulkhead, remove existing pier, replace with pile dock, dredge and
install mooring piles at Orient Point Harbor. Written comments no later than
September 14, 1990.
3. U.S. Army Corp. of Engineers, New York District, Public Notice
extending the deadline for submitting comments on the technical aspects of the
Federal Manual for Identifying and Delinating Jurisdictional Wetlands (Manual)
to September 28, 1990.
I!1. COMMUNICATIONS. None.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Is there any member of the audience, that would like to
address us on any resolution, that we'll be entertaining in the next few minutes?
(No response.) Seeing none, we'll start the resolutions. The first resolutior~
is authorizing and directing the Town Clerk to advertise for bids' for the replace-
:-ment of caps on the caterpillar compactor.
1.-Moved by Councilman Penny, 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.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the application of Anthony J. Marshall, President of Bouton Services,
for renewal of a watchman/office trailer permit, for trailer located on his property
at the corner of Fox and Crescent Avenues, l-ishers Island, New York, which
permit expired on August 6, 1990, be and hereby is granted for a six (6) month
period.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Co-ncJiwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3o-Moved by Councilwoman Oliva, seconded by Councilman Wickham,
WHEREAS, Thomas Thompson has heretofore applied to the Southold Town Board
for a change of zone from "A-C Agricultural-Conservation District to "Lt" Light
Industrial District on certain property located 685.55 feet east of Cox Lane, on
the north side of Middle Road (CR 48), Cutchogue, New York;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That pursuant to the provisions of Article 8 of the Environmental Conser-
vation Law; Part 617 of Title 6 of the New York State Codes, Rules and Regulations,
and Chapter 44 of the Southold Town Code, the Southold Town Board, as lead
agency, does hereby determine that the action proposed is unlisted and is likely
to have a significant effect on the environment.
2. That the Town Clerk shall file and circulate such determination as
required by the aforementioned law, rules and code.
3. That the Town Clerk immediately notify the applicant, Thomas Thompson
of this determination, and further request said applicant to prepare a Draft Environ-
nental Impact Statement,all in accordance with said law, rules and code.
4. In accord~with Chapter 44, Section 20 and Part 617 NYCRR, the
app]~cant is required to d~?ray t~ne cost of re¥iewiz~g ~ne O~-f-t · -~ _ ~ ~: .; ~pact
Statement, which inclb'~te~ a scoping session, therefore, the Town Board determines
that a deposit of $2,000.00 shall be paid to the Town Clerk prior to the date of
scoping session.
AUGUST 28, 1990
59
3.-Vote of the Town Board: Ayes: CouncHm~n W'ickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Judith
Huelle Jaklevic as a School Crossing Guard for the Depot Lane and Route 25 post,
effective August 28, 1990, at a salary of $20.00 per day.
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 Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modification to the General Fund - Whole Town for the
purchase of a new stereo system for teen dances, thus eliminating the need and
expense of a deejay.
From: A7020.4 Recreation Administration, Contractual Exp. $ 200.00
To: A7020.2 Recreation Administration, Equipment $ 200.00
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 Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a check
in the amount of $275.00, made payable to Brookhaven YMCA, for a one-year
membership to their facility to enable Recreation Director Kenneth Rccves to keep
up to date and informed on lifesaving techniques for next year's lifeguard training
program; said charge to be made to A7180.4, Beaches, Contractual Expenses.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED,
7.-Moved by Councilman Wickham, seconded by Councilman Penny, it was
-RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease agreement between Pudge
Corp. and the Town of Southold for the police booth, know as building number
9, at Feather Hill, Southoid, for a term of one (1) year, commencing July 1, 1990
through June 30, 1991, at a rental fee of one ($1.00) dollar per year, all in
accordance with the lease agreement as approved by the Town Attorney.
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 Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants Highway
Department employee J.ason~E. Klipp a leave of absence,,for, medical reasons; said
leave not to exceed three (3) months from this date; and be it further
RESOLVED that the Town Board hereby determines that the medical insurance
of Jason E. Klipp shall remain in effect and shall be paid by the Town for this
three (3) month period, after which Mr. Klipp shall have the option to remain
t~nder 'the To-~n~s group ~-o~,erage by paying 'the monthly 9remiums himself.
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 Councilwoman Latson, 'seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of one (1) Used
Dump Truck for the Highway Department.
~-~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 Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 Budget modification to the General Fund - Whole Town to cover
anticipated instructor salaries:
From: A7180~J Beaches, Personal Services $ 4,000.00
To: A7320.4 Joint Youth, Contractual Expenses $ 4,000.00
~l~l.-Yo;Le ~J~ Jd~e 3'z)~ux~ J3oarzJ.- J~y~,.s.- C~ou~ciJman Wickham~ Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
0 AUGUST 28, 1990
11.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to accept the bid of
A. John Gada General Contracting, Inc., Fishers Island, in the amount of $5,200.00,
for painting all exterior wood trim, including the cupola, on the Ferry District
Annex building (Old Coast Guard Station), all in accordance with the bid specifi-
cations.
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 Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold, in accordance with
Section 76-23 of Chapter 76 of the Code of the Town of Southold, hereby determines
that the Fishers Island Sewer District rent owed by Thomas Shillo, in the amount
of $735.00, shall be levied acjainst the real property of Thomas Shillo, and shall
be collected at the same time and in the same manner as Town taxes.
1.2;.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny. Justice Edwards. Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj 1990 Budcjet modification to the Fishers Island Sewer District:
To .'
Revenues:
SS2.2130 Removal & Disposal C'narges $ 513.00
SS2.599 Appropriated Fund Balance 85.00
Appropriations:
SS2.8160.4 Refuse & Garbage, Contr_actual Expenses 2,123.55
From:
SS2. 1990.4 Contingent 525.55
SS2.8160.2 Refuse & Garbage, Equipment 1,000.00
13.~Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to Town Clerk Judith Terry to attend a Local Government Records Mana~lement
Improvement Fund Grant Application Workshop on October 24, 1990, from 9:00
A.M. to 3:30 P.M., #2 BOCES, Holbrook, New York, and the necessary expenses--
for travel and lunch shall be a legal charge against the Town Clerk's 1990 Budget.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-M'oved by Supervisor Harris, seconded by the entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
recjret, the resicjnation of Doreen F. Ferwerda, Clerk Typist in the office of the
Board of Appeals, effective September 14, 1990, and wishes Doreen much success
and happiness in her future career endeavors.
SUPERVISOR HARRIS: Doreen will be sorely missed by the Town of SouthoJd
employees, and also. by the people of Southold Town. She's done a wonderful
job in the short time that she has worked in this position.
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.
16.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
refund of $6.45 to William Kraus, which sum represents the purchase and valida-
tion of sand tickets in 1982 and 1988.
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.-MoYed by Councilwoman Latson, secozzded J~y C~,,~cilxnan Penny. Jt was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
payment by the Town of Southold of the cost for b~ttled water at the Laurel
Tourist Information Booth.
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 Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 17 - 1990 was introduced at a meeting of
this Board held on the 31st day of July, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 14th day of
August, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 17 - 1990 be enacted as follows:
LOCAL LAW NO. 17 - 1990
A Local Law in Relation~:to:~Boats, Docks and Wharves
BE IT ENACTED by the Town Board of the Town of Southold as follows:
!. Chapter 32 (Boats, Docks and Wharves) of the Code of the
--- Town of Southold is hereby amended as follows:
1. Section 32-1 (Definitions) is hereby amended by adding
thereto the t:ollowing:
BOWRIDING - The practice of riding on the bow of a
vessel when such vessel is not quipped by the
manufacturer with facilities for riding on the bow while
said vessel is underwa¥~
CHANNEL SYSTEM - The bed of a natural waterway with
well defined banks presenting the evidence of the flow of
tidal waters and commonly or usually traversed by
watercraft, and, in addition, refers to man-made or
stabilized waterways designed for the navigation of
watercraft. For the purpose of this Local Law, boat
basins and bathing areas are included in the ."channel
system".
2. Section 32-32 (Sanitary regulations) is hereby amended
by adding thereto a new subsection 32-32.1 to read as
follows:
32-32.1 Ramps.
A. All boat engines must be shut off when loading
or unloading at any Town Board Ramp.
B. No person shall park or leave any unattended
_ vehicle on any ramp.
3. Section 32-34 (Operation of boats near beaches and
bathers) is hereby amended to read as follows:
_- No boat propelled other than by hand shall cruise or be
operated within one hundred (100) feet of any lifelines
or bathing float, or if there be no lifelines or bathing
float, then within one hundred [100~ feet of any public
or semipublic beach regularly used for bathing or
swimming, nor shall such boat cruise or be operated in
excess of five (5) miles per hour within fifty (50) feet
of any person bathing or swimming, or anchored or
moored boat.
4. Section 32-35 (Water Skiers) is hereby amended by
changing subsection C to read as follows:
C. No person shall ride on waterskis, surfboard or
similar device, or use or operate a boat to tow a
person thereon, within one hundred fifty (150) feet
of any public or semipublic bathing beach or public
dock or within fifty (50) feet of any swimmer or
bather, or moving or anchored boat; nor shall any
such persons engage in such activities come within
three hundred (300) feet of ~he shoreline unless
they approach or depart perpendicularly to or from
the shoreline solely for the purpose of commencing
or ending the ride.
5. Section 32-35 (Water skiers) is hereby amended by adding
thereto a new subsection D and E to read as follows:
D. No person shall be towed on waterskis, surfboard,
.... inflatable parasail, or similar device, unless such
person is wearing a Coast Guard approved personal
flotation device of Type I, II, or III.
E. No person shall be towed on waterskis, surfboard,
inflatable, parasail or similar device or use or
operate a boat to tow a person thereon between the
period sunset to sunrise or during periods of
limited visibility.
6. ~Sect~on 32-35 [~peed l_imits; manner of opera,ion) i~
hereby amended by adding thereto the following new
subsections:
62
AUGUST 28, 1990
D. No boat shall be operated in such a manner as to
throw up a wake which could be dangerous to life or
limb of a person, boat, or other property.
E. All commercial jetski or commercial windsurfing
operators shall provide a patrol boat (other than a
jetski or windsurfer) which must be operational and
manned at all times for the purpose of controlling
their clientele.
F. All commercial jetski and windsurfer operators shall
require their clientele to wear U.S. Coast Guard
approved personal flotation devices of type I, II,
or III.
G,Small sailboats commonly known as windsurfers, are
~prohibited in the following areas.
1. Within five hundred (500) feet of Mattituck
Inlet.
2. Within one hundred (100) feet of swimlines.
7. Section 32-36.1 (Equipment) is hereby amended by adding
theref~o a new subsection C to read as follows:
C. In addition to the penalties provided t~or in this
Chapter the Bay Constable has the authority to take
the following actions for violations of this
Section:
1. Direct the operator to proceed to a dock or
anchorage.
2. Sus,oend further use of the boat until the
condition is ~orrect,
II. This Local law shall take effect upon its filing with the Secretary of State.
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 b~ Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the
maximum allowable income for real property tax exemptions on Suffolk County
taxes from $15,625 to $18,600 for all residents over 65 years of age.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Super'visor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Justice Edwards~ seconded by Councilman Wickham. it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Principal
Account Clerk John Cushman, and Assistant Town Attorney Matthew Kiernan to
attend the Suffolk County Comptroller's Association Luncheon Meeting to be held
on Wednesday, September 12, 1990, beginning at 12:00 Noon, and the use of a
Town vehicle and necessary expenses for the luncheon shall be a legal charge
against the Accounting and Finance Department's 1990 Budget.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21 .-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the
postion of Secretary, Exempt, in the Office of the Board of Appeals, and sets
a salary of $26,000 per annum for said postion.
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 Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
Resolution No. 22, adopted on Auc~ust 14, 1990, engaging the services of Richard
A. Winters to conduct an appraisal of the property of Dennis K. Corby.
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 Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of The Peconic Land Trust, Southampton, New York, at a fee not to
exceed $6,000, for the preParation of a Concept Plan for the Cove Beach Property,
located north of the Main Road, East Marion, New York.
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 Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Cashin Associates, P.C., at a cost not to exceed $25,000.00, for the
purpose of completing the Local Waterfront Revitalization Program, all in accordance
with their proposal dated August 13, 1990, and addendum to the proposal dated
August 16, 1990.
24.-Vote of the Town Board: Ayes: Councilwoman Latson, Councilwoman Oliva,
Councilwoman Penny, Supervisor Harris. No: Councilman Wickham, Justice Edwards.
This resolution was declared duly ADOPTED.
25.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby increases the
compensation of Jack Sherwood, Consultant to the Board of Assessors, from $75.00
per day to $100.00 per day, effective immediately.
2$.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman t.atson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, this ends our resolutions, that the Town
Board has addressed. We have no public hearings tonight. At this time, I'd
like to go to the Town Board, if there's any Councilperson, that has anything
they'd like to report, otherwise, I'll go out to the audience and ask if there's
anybody out there that would like to address this Town Board on any item that
may be of interest to us.
COUNCILWOMAN LATSON: I have one piece of interesting information. According
to one source, the Historical and Statistical C;azett~'r of New York State, R.P.
Smith, publisher, 1860, the Town of Southoid was incorporated on October 30,
1676, and recognized as a town on March 7, 1788, and Southampton was
incorporated as a town on November 1, 1676, and recognized as a town on March
7, 1788. Both town were incorporated by a patent under Governor Andrewsr
but according to this source, the Town of Southold is officially one day older.
--COUNClLJVIAN WICKHAM: i'd like to comment very briefly. First of all, I voted
no, on one of those resolutions, because I think the Town had an offer of
equivalent quality, that would haVe cost about two thirds as much for the job.
Rut the thing I'd like to speak about briefly, tonight, is the preparation of a
solid waste plan for the Town of Southold, and i'd like to outline very briefly,
although the report is not yet in hand. It's under preparation by our consultants,
and we expect to have it during the month of September. Two weeks from today,
we expect to have our consultaots here to explain the details of what's going in
it. I'd like to outline to you, very briefly, in a summary fashion, the tack that -
the report is taking, so that I think, those of you who have an interest will consider
it, and be that much better apprised as to what's happening. Basically what we're
looking at is a report, that is very strongly endorsing recycling, reuse, and re-
processing. The idea is to take as much of the material out of ~tha waste stream
as possible. Using data submitted by the Town, the Highway Department, and
the Task Force, our consultants, now, believe that we can reduce down to about
thirty-percent the amount of material, that's currently being delivered to the dump.
I don't need to go into all of the details of how this thirty percent comes. That
wiJi J~e Jn Lhe report, bul basically j~ amounts to loping off some ten or fifteen
percent from the construction and demolition debris, some ten or fifteen percent
by the land clearing debris, some three to eight percent is loped off by virtue
of the household recycling, that many of you have already embarked upon. I
might: mention, that three percent is the intial figure, and the town is already
recycling out of household garbage, some 2.7, or 2.8 percent. In other words,
we're already almost there, at the beginning phase of it. This three to eight
percent recycling of residential garbage, that's three to eight percent of the total
waste stream. If you take that as a percent of the amount of material from the
houses themselves, just as household garbage, it amounts to about 24 percent,
nine to twenty-four percent of the household garbage. So, these are the targets
that the Town is shooting for, and that t'he draft report will probably recommend
to the town. Why are we shooting for this 70% reduction, or down to some 30%?
The answer to that, is how will we handle the residual material, that remaining
30%? Very briefly, our consultants are proposing to us, some eight or nine
alternative ways that this can be handled, and the consultants will leave it to
the Town to select among those eight or nine, the ones that we would give primary
emphasis to. One of the choices is..one of the options is an option that we, in
fact, discussed with~the regional director of the DEC, Harold Berger, when he
attended the meeting of the Task Force here in the spring, and we essentially
sa~d to him, if we can reduce the amount of material from the waste stream down
to some thirty percent, that figure is approximately the figure of what an
incinerator, or a major composting plant, such as that, that was prdposed last
year, if those plants will, also, produce about thirty percent of residue, or
residual product, that can not be composted or burnt. That material we would
be legally permitted to landfill, which we would say to the DEC, we, also, want
AUGUST 28, 1990
that thirty percent, and we think we can achieve ii without having to go to ail
the expense, and bonded, and the big expenditure of a major plant like an
incinerator or a composter. When we met with the DEC regional director, he
expressed interest in the proposal, and said that they would consider it
sympathetically, so that's not an approval, but it's an indication that they're
interested in it. So that is one of the options, that the Town could take, and
would say that's one of less costly options. There are many other options, which
include collaborating with other towns, such as Brookhaven, when their plant is
on line, with Babylon, who's plant is now on line, with Hempstead, with Smithtown,
with Huntington. There's a series of alternative shifting arrangements of involving
the transfer of our garbage to those towns for processing over there. These
are also possibilities, and most of them cost considerable more, than having a
landfill here into which we could put some of our stuff, the residual product of
this major recycling reprocessing. Finally, of course, there's the option to simpl~/
haul the stuff off Long Island, and ship it out of state somewhere. All of these
options will cost different amounts of money. Our consultants are coming up with
those figures, and we expect to have them very shortly. The options, that look
most attractive to the town for handling this remaining thirty percent, many of
those options do involve, or would involve landfilling in the Cutchogue dump.
In order to continue landfilling at the Cutchogue dump, it is quite important that
tl~e Town acquire some additional properties there. Not that we have to do that.
We could always do one of these other options, that doesn't require landfillinq.
It seemed to us, however, that the responsible thing for the Town of Southo~d,
at this stage, is to see if some of the owners of property in and around the land-
fill at present, would be interested in selling some of their property to the town.
For that purpose, we've engaged in discussion with them, and I'm pleased to report
that virtually all the people we spoke to have expressed interest in considering
a ~proposal of that kind, and for that reason we will be getting appraisals, at
some stage, of their properties, and ! might add with their agreement and
encouragement. That's the reason we withdrew tonight; in one of the resolutions
tonight, the resolution to appraise one piece of property, because we intend now,
to do it as a package. We think it will be cheaper for the town, to do it as a
package, to appraise a number of parcels in a similar area at the same time. So,
there is progress being made on the front, preparing a plan for the town, which
_~vould enable us to landfill at some stage, if we wish to. A final comment is the
question of what kind of landfill would we landfill.~ Would it have to be a double
lined landfill, or could it be open landfill? This is a question we're frequently
asked, and I just say that all indications that we have at the present time,
indicate that the DEC would only permit us to landfill in a double lined cell. How-
ever, the Suffolk County Department of Health Services has just come out with
a report within the last ten days or so, that in fact, says there is no particular
danger to landfilling in an unlined cell, and indicates that there is no threat to
public water supplies in the Town of Southold, if we' were to continue to do that.
So, there is some argument for that, if we wish to take it up, but I have to say
there's very little indication, that the DEC would be persuaded by that. So,
Scott, thank you for the brief time to bring people up to date on the progress.
SUPERVISOR HARRIS: Is there anyone else?
JUSTICE EDWARDS: Just one thing. Just to inform the public that we had the
dedication of our affordable housing on Fishers Island on Saturday, the ribbon
cutting ceremonies. There are four families in. They are Cape Cod modulars built
and erected on the Walsh Park plot. There are eight more sites availab]e for the
affordable housing in Walsh Park. Four families have been selected for the next
group, and there are at least five families vieing for the last four. They hope
to start the foundations, and possibly have the modulars come over sometime before
the end of the year. Whether or not, the four new families will be in by Christmas,
that remains to be seen, but I think things will move along in as much as all the
permits are in place. The roads are in place, and we've got four beautiful street
lights down there in the culdesac. We haven't got the road accepted yet by the
town, but I'll have to admit that I think it's the heaviest road that's ever been
built in Southold, according to the new specs. So, we're off and running on
Fishers Island in affordable housing, and I only hope you people can get over
there sometime, and see this little establishment. It's a beautiful little park.
Thank you, Scott.
SUPERVISOR HARRIS: This is just II another affordable housing project, that
the Town has in place. I'd like to go out to the audience. Is there any member
of the audience, that would like to address this Board on any matter, that you
may deem would beef importance to this Board?
WH_t.~^M ~ELL; ~n ~ ~ocat taw you 13assed tonight, what wes <:ha~:jed..
anything changed from the hearing you had a few weeks ago, on the boats, wharves?
SUPERVISOR HARRIS: No, nothing was changed.
COUNCILMAN PENNY: I think, Bill, I read your comments from the public hearing,
and also, some other comments from different members of the public, and unfortunately,
the Town Board didn't have either the Bay Constable here, or the draft form
which was addedw and what was deleted. Your question about bowriding is mainly
to prevent kids from hanging over the bows of boats without protective rails.
Somebody on a party boat, or work boat, or any other kind of a boat generally
has a pulpit and rail set up in front, and it's not intended to affect those people
at all. I believe that was the gist of your comments.
WILLIAM PELL: Yes. There were several othersr too. There were some other
ones. I lust wondered if you addressed them or not.
COUNCILMAN PENNY: We addressed all of the changes. I had the Town Attorney
reprepare a draft form, which had ail of the actual additions, and deletions, and
some of the comments that were made about boats having egress into Goose Creek r
and passing the Town lines, and all that. 'l'hat hasn't changed. 'l'hat~s already
in there r so once again, you have to count upon the Bay Constable beinq very
reasonable, and realizing that access, in that area, has to go by these areas.
Plus, if they're either proceeding to or from it, somewhere in the neighborhood
of five miles an hour~ they'll never be bothered by this Town. There was no
1~oundary changes on any of that~ '~hat already has existed in the Code. l~laybe,
i! was your Board r that put that in. I don't know. That was already in there.
We didn't change that at all. We just added the section, which was to keep the
water skiers, and boating activity, ~way from moored or anchored boats. That
was the only two or three little lines in that one section, that was added by...
to be added by the Bay Constabler to keep the water skiers away from the moored
boats.
SUPERVISOR HARRIS: Is there anybody else, that would like to address this
Board? (No response.) If not~ I'll entertain a motion to adjourn.
Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED tha~ the Town ~oard meeting be and hereby i$ ad~o.~rned at 8:00 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.
Southold Town Clerk