HomeMy WebLinkAboutTB-09/25/1990SOUTHOLD TOWN BOARD
SEPTEMBER 25. 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff (12:25 P.M.),
Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:40 A.M. John Javaheri appeared before the Town Board to request a
reimbursement of half of the renewal building permit fee for a house he is
constructing in Cutchogue, and a waiver of the renewal fee for a house he is
cor~str.ucting in Southold.--The' Board discussed the request with Principal Building
h~'spector Lessard and Code Enforcement Office Wieczorek who explained the extent
of the construction for each dwelling. Mr. Lessard advised that the required renewal
fee is a provision of the code. The Board agreed that to waive the fee would create
a precedent and it is their desire to have the code enforced as written. At 2:05 P.M.
Mr. Dayton and Mr. Hobson, property owners in Country Club Estates where Mr.
Javaheri is constructing one of the houses, met with the Board describe the type and
extent of the construction on the Cutchogue house.
10:05 A.M. John Stack, Chairman of the Landmark Preservation Commission, met
with the TOwn Board to request an allocation of $2,227.50 for hard covers to be
placed on 250 of the "Houses of Southold - The First 350 Years" book. Town Board
agreed to the expenditure which is in the Landmark's budget.
10:20 A.M. - Cynthia Beer and Helen Proud, Vice President of the Orient
Association, met with the Board to urge the Town Board to take some official action
to urge alternate routes to Montauk and Shoreham for the-Cross Sound Ferry, and
to pursue a means of regulating traffic entering Orient traveling two and from the
ferry. Ms. Beer advised the board they have petitions of over 300 signatures which
they will be presenting to Assemblyman Sawicki, Senator LaValle, the Town Board,
and County Executive Halpin. She went or~ to review the history associated with
Cross Sound's construction of a terminal at Orient and increased parking and access
areas; actions before the Zoning Board of Appeals, and a proposed Community
Development loan which Community Development Administrator McMahon advised the
Board Cross Sound did not accept, so they were not required to abide by certain
requirements attached to the proposed grant. Ms. Beer was asked to submit the
Orient Association's research data to the Town Attorney for review, and the
Supervisor will write to the Greenport-Southold Chamber of Commerce to elicit their
opinion on the benefit of the traffic on local business.
11:30 A.M. Members of the Southold Town Fire District Officers Association
appeared before the Town Board to discuss a long standing problem of impassable
private roadways with overgrown brush and tree branches which impede the use of
emergency vehicles in times of emergencies. Present: Don Sayre, Bill Salmon and
Pete Grattan from the Southold Fire District, Curtis Horton from the Cutchogue Fire
District, and Pete Luce from the Orient Fire District. The officers agreed that a
minimum of 15 ft. wide and 12 ft. high should be a requirement and would like to
see legislation placed in the Southold Town Code requ!ring the right-of-ways to be
kept passable. They agreed the fire districts should make an attempt to notify
owners of these roads through notices in the newspapers, and they will all have a
list of their problem roads for submission at the next Fire District Association
meeting.
11:55 A.M. - Marc;laret Brown, the new President of the Riverhead-Southold League
of Women Voters, introduced herself to the Board.
12:05 P.M. - For Discussion Items: (1) Recommendation from Principal Account Clerk
Cushman that the Town Board begin negotiations with the Village of Greer~port for
the services provided under the police radio contract. (2) Request by Town Clerk
for Town Board to review permit fee schedule to determine whether there will be any
changes for 1991. (3) Application by Falvey Trucking & Excavating, Inc. for a
temporary watchman/storage trailer and tent for lunch breaks at Elizabeth Field
Airport, Fishers Island, while they complete the FAA approved Airport Lighting and
Obstruction Removal Project (see resolution no. 24). (4) Allocation of additional
funds to the Peconic Land Trust to be applied to the appraisal costs of the Cove
Beach property (see resolution no. 29). (5) Ethics in Local Government Conference
to be held at the Babylon Town Hall, Lindenhurst (see resolution no. 25). (6)
Councilwoman Latson brouqht up for discussion the need for an Architectural Review
SEPTEMBER 25, 1990
Board, Historic Overlay I~'istri~ts, and how to address fast-food restaurants. She
suggested the East Hampton architectural review regulations as a starting point, and
recommended submission to the Zoning & ~,Pjartning ',and Legislative Committees..
Councilman Penny advised that the Code Committee spent two years on site plan
review and the then Town Attorney assured them the provisions gave broad
discretionary powers to the Planning Board. However, the Board agreed to submit
Councilwoman Latson's proposal to the Zoning & Planning and Legislative Committees.
12:50 P.M. - Recess for lunch.
2:00 P.M. - Work Session reconvened and the Board audited the bills.
":15 P.M. For Discussion Items (continued): (7) Community Development
~dministrator McMahon met with the Board to suggest that they placed advertisements
~ the local newspapers for the Cedarfields affordable housing project. He said that
~n the past few weeks, the number of participants in the A & B categories has
dropped off significantly, and over 50% of the applicants are in the C category (see
resolution no. 27). (8) Receipt of letters suggesting a management plan for the
aC~-quisition of Fort Corchaug. Supervisor Harris will write to Adj. Professor Ralph
S. Solecki of Texas A&M University to see if he is interested in undertaking the
project. (9) Letter from resident of Ai~glers Road, Greenport, requesting A
streetlight. Supervisor Harris will refer the request to Superintendent of Highways
Jacobs for his recommendation. (10) Town Board set 10:00 A.M., Tuesday, October
2, 1990 for presentation of the Tentative-1991 Budget. (11) Letter from Charles
Cuddy, attorney for Russell Mann, petitioner for a change of zone, asking the Town
Board to approve amendment of the applicastion to reflect an alternative zone. The
Town Board agreed that they would not have an objection to a second petition being-
filed, but each petition must address one specific zone..Further, an additional filing
and other associated fees would be required.
2:55 P.M. - Councilman Wickham reported on the September 24th Task Force meetin9.
he said the Task Force recommends as a matter of urgency to (1) ban commercial
loads of C&D and related materials from the landfill as soon as possible, (2) accept
pickup ~ruck and smaller loads of such material at $40 per ton, and (3) let businesses
bid for rights to remove these small loads. The Task Force believes this would be
incentive for one or more businesses to provide a C&D rendering operation in the
tow~. The Task Force recommends immediately looking into different legalapproaches
or dealing with the December 18th closure of the landfill. Councilman Wickham also
uggested a response to a recent letter from DEC Commissioner Jorling, and briefly
..,.~,.eviewed the issues brought to the Town Board by the Fishers Island Garbage and
Refuse District. (Donald Grimm was in attendance during the discussion with respect
to the Task Force's proposed ban on commercial loads of C&D, as he is contemplating
a facility in the vicinity of the landfill.)
3:40 P.M. - Board reviewed proposed resolutions to be voted on at the regular-
meeting.
EXECUTIVE SESSION
4:35 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 I~atson,__Councilman Wickham. The Board discussed litigation with Town
At. torney Arnoff and Assistant Town Attorney Kiernan.
5:05 P.M. - Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday,
September 25, 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. Harris
_ Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman 'Thomas H. Wickham
Town Clerk Judith T. Terry
SUPERVISOR HARRIS: We'll have a motion to approve the bills of September 25,
1990.
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SEPTEMBER 25, 1990
Moved by Councilman Penny, 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 $208,064.25; General Fund, Part Town
bills in the amount of $50,339.79; Nutrition Fund bills in the amount of $3,871.66;
Adult Day Care bills in the amount of $805.45; Brief Respite Program bills in the
amount of $83.01; Snap Program bills in the amount of $378.17; Community Develop-
ment Fund bills in the amount of $1,362.50; Highway Fund, Whole Town bills in
the amount of $8,359.52; Highway Department, Part Town bills in the amount of
$32,608.54; Capital Projects Account bills in the amount of $174,000.00; Gull Pond
Bulkhead Repairs bills in the amount of $4,320.00; Open Space Capital Fund bills
in the amount of $777.50; Employee Health Benefit ' Plan bills in the amount of
$52,188.30; Fishers Island Ferry District bills in the amount of $95,610,.56; Wendy
:- Drive Improvement District bills in the amount of $1,416.47; West Creek Estates
Road Improvement bills in the amount of $278.61; Fishers Island Sewer District
bills in the amount of $311.99; Southold Agency & Trust bills in the amount of
_ $3,681.82; Fishers Island Ferry District Agency $ Trust bills in the amount of
.- $568~28.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting
of September 11, 19907
Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the September 11, 1990, regular Town Board
meeting be and hereby approved.
Vote"of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain: Councilwoman
Latson.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: We need a motion for a Special Town Board meeting for
Tuesday, October 2, 1990, at 10:00 A.M.
,:Moved by Councilwoman Latson, seconded by Councilman Penny, it was
-.RESOLVED that a Special Town Board meetinq of the Southold Town Board will
be held at 10:00 A.M., Tuesday,-October 2, 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: A motion for the next regularly scheduled meeting of the
Town Board on Tuesday, October 9,1990, at 7:30 P.M.
Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that th~-next regular meeting of the Southold Town Board will be
held at 7:30 P.M., Tuesday, October 9, 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.
I. REPORTS.
1. Southold Town Trustees' Report for fees collected for the month of
August, 1990.
2. Southold Town Police Department Report for August, 1990.
3. Supervisor's Monthly Budget Report for August, 1990.
4. Cablevision subscriber complaints monthly Report for August, 1990.
5. Councilmen's Report.
6. Supervisor's Report.
II. PUbLiC NOTICES.
1. U.S. Army Corp of Encjineers, New York District, application of
Lawrence '~uthiIl to construct a bulkhead, dredge with attendant backfill, at
Schoolhouse Creek, Great Peconic Bay, Greenport.
!11. COMMUNICATIONS.
1. James F. Grathwohl, Chairman of Committee to Save Fort Corchaucl,
Cutchogue-New Suffolk Historical Council in thanks for the support of their efforts
in the acquisition of the Baxter property in Cutchogue on which historic Fort
Corchaug is located.
2. Richard Wilton, Greenport-Southold Chamber of Commerce Craft Show
Chairman, thanking the Superintendent of Highways, Raymond Jacobs, to helping
prepare the site for the craft show.
SEPTEMBER 25, 1990
3. Dr. Ralph S. Solecki, regarding!' Fort Corchau~l, and his availibilit¥
to help in the preservation.
4. William Peters, Cutchoque-New Suffolk Historical Society requesting the
Town of Southold to establish an Archaeological Advisory Committee.
5. Robert Long, Secretary of the United Methodist Church in Cutcho~lue
Men's Club, thanking the Town officials for providing the temporary fencing for
their Lobster Festival.
IV. PUBLIC HEARINGS.
1. 8:00 P.M. "A Local Law in Relation to Vehicles and Traffic".
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, I'd like to go out to the audience. Is there
anybody, who wants to address anything that's on the agenda, in form of a
resolution, before we start entering and entertaining those resolutions?
ALICE HUSSEY: Alice Hussey. Southold. I have some comments and questions
about the bond resolution, that you're proposing, the $2,000,000 open space, 12a
is it? i'm not against acquiring open space for recreation, etc., but I think,
we, the public, should know where the open space, you think we need, is. I
read in the resolution, that the Town Clerk is authorized to give notice at least
ten days before the election in substantially informed set ordinance Section 3
hereof, but then when I looked at Section 3, it was blanK. Ten days doesn't
seem to be enough time for the voters to mull over the question among themselves,
and unless you've changed the Town Board meeting in late October, it leaves no
opportunity to question you. You're asking for $2,000,000.00 without a recitation
of the property, or the property to be purchased, which brings me to my three
questions.
SUPERVISOR HARRIS: Alice, can I interupt you for a minute? The $2,000,000.00
Open Space Resolution, that we're doing tonight, will be placed on the ballot in
November on a referandum, and the purpose of the resolution is to let the voters
decide if they want to acquire open space for park purposes, passive purposes,
or whatever. There is no determination made, yet, for the acquisition of properties.
There is no priority over this property over that property. This is strictly a
bond for open space for those areas, that may come up, or possibly will be up
next year, or years after that, maybe two, or three, or four years down the road,
that the Town may feel should be acquired for those purposes for it's residents
to use in the future. That is the actual intent of the $2,000,000.00 referendum.
It's not specifically set aside for parcel A versus parcel B, or anything. It's
sort of a blanket.
ALICE HUSSEY.' You're answering my questions already.
SUPERVISOR HARRIS: I'm just anticipating what they will be.
ALICE HUSSEY. If you have no property in mind, how did you decide that you
needed $2,000,000.00? What are the criteria for property selection, and who's
making the decision? That's what I had prepared. Now, I will tell you quite
frankly, that I was a little bit surprised, thei~ I tried to put two and two together.
Maybe I didn't come up with four, but I saw in your discussion this morning,
you had something about the Cove, the property out in East Marion, the Cove
property, and I thought of these two things. I thought perhaps these two things
were related. They're not related.
COUNCILMAN PENNY: Alice, I wanted to put this on the referendum last year,
and I've been instrumental in getting it to this point this year, along with others
on the Town Board, but the idea came to us because our Farmland Committee has
been out of money. We're down to probably less than $100,000.00 in the Farmland
Bond pact, that we passed, I believe that was '83. So that's been out of money,
and our Farmland has been acting as a ad hoc committee to the County Farmland
Committee, and they've been helping do some of the paperwork, and we've also
done some of the appraisals, because there's no funds left for us to make any
acquisitions ourself. So possibly we could buy farmland, or farmland rights, with
part of this money. The other avenue, that we're approaching, is the fact that
we committed a million dollars to Fort Corchaug out of the Open Space. That
was a Open Space Preservation Act of 1987, and we're to the point right now,
where we just bougl~t the-Norris property, so we have, maybe, $600,000.00 left
townwide, so o'ur idea was, is to fund these programs again, if the taxpayers
choose to do it. If not, then we will know certainly at the end of the November
election, which way it went. But the choice is strictly theirs. The programs
are already in place. It's the Open Space Fund, and Department of Preservation
Fund. We p~t this under the Open Space, because we have been told by our .
council, that we can acquire farmland through the Open Space Fund, but we can t
acquire properties for open space through the Farmland Fund, so you may see
eventually w~ may phase out the Fa.rmland Committee, or phase them into the Open
/
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Space Committee, because we can deal with that as one, instead of putting up
two separate resolutions. They happened separately, and that's just the way
ALICE HUSSIE: The fact that this doesn't mention farmland then, is not neccessarily..
COUNCILMAN PENNY: No. Farmland is mentioned in the Act, in the Act itself
that's already in the Code.
ALICE HUSSEY: In the Code. Okay. Well, let me ask one more thing, and that
is something that I don't know general obligations on, and that is this $2,000,000.00,'
if it is approved, is it like having a bank account that draw upon it, as you need
it, and therefomyou do not have to pay interest anything, except what you use?
COUNCILMAN PENNY: Until you float the bond. We haven't floated a nickel of
the 1987 funds yet.
SUPERVISOR HARRIS: We're in the process.
COUNCILMAN PENNY: W~'~ein the process right now, and here it is two years
later, so we don't have to pay'the full interest until we do something with the
money. You pay whatever portion you float.
COUNCILWOMAN
up myself during
session. One of
agenda, that the
the bond at this
LATSON: Your question, Alice, is something that 1 brought
the deliberations of the Town Board today during our work
the questions, that I raised is an overall Open Space-Farmland
Town Board seeks to follow. I have several concerns with floating
particular period, for this particular fiscal year~, which I'll go
into later, but ! think it would behoove the Town to at,least in this bond have
set aside some money for the funding of open space farmland acquisition to
prioritize the parcels, that we do want to see preserved, to coincide and fall
in with the farmland, that we have purchased along the green belt, and to
flag and document the parcels that we feel are the most necessary to be preserved,
because $2,000,000.00 will probably preserve 250 acres, even in these economic
times. We did discuss this. We said that we come up with an open space,
~farmland,parkland policy, not policy, criteria of parcels, that we would like to
acquire, and this really should be addressed, so that we're not acquiring parcels
in a haphazard fashion, that may not have watershed value, that may not have
farmland value, may not have an overall ecological resource value, and so the
Town Board has said that this will be developed in conjunction with this bond.
ALICE HUSSEY: ~o there is some sort of a plan.
COUNCILWOMAN LATSON: Well, there is no plan right now.
ALICE HUSSEY: I mean, if you know that you wanted to have ecological value
and all of these things that you recited, you do have some sort of plan of that
nature. It's not that iust something comes up, and you say, hey let's buy it.
COUNCILMAN PENNY: We have the committees, and it's the iob of the committees
to evaluate the parcels, and I believe the committees set their own criteria, and
they have had requests in certain areas, but I think that probably if you went
to one talk to Arthur Ross and to Gerry Dennehy. There are a lot of criterias,
that are already established by the committees. They aren't just taking every
parcel that comes along. There's several that they declined. Public access in
areas where the Town is actually going to acquire the parcel might be a very
important co nsideration.
ALICE HUSSIE: Then the committee advises you, or gives you it's recommendation,
and it then brought before the public?
COUNCILMAN PENNY: Yes. We have a public hearing on it. Public input every
step of the way, as it been right along.
SUPERVISOR HARRIS: Such as we did with Wendy Norris property around
Marratooka Lake. Is there anybody else, that would like to ask us questions on
any resolution we may be entertaining~.
RICH CAGGIANO: Alice brought some questions to mind. I'd like to clarify some-
thing. I'm Rich Caggiano, president of the Chamber. Last Saturday, we had this
conference on planning and what not for the future. One of things, that most
of us seem to agree upon is that one of the greatest challenges to our rural
character of the town, is the strip zoning, that runs along Route 48, and Route
25, and McDonald's being the most current example of how that could impact the
nature of our town. Is it possible that the money that you're looking to bond
now can be used to purchase those business properties from the owners of that
property, so that we can keep that from becoming a strip z~ne? For example,
could we purchase McDonald's property with this money, so that McDonald's could
not put a McDonald's there, and kind of keep it more rural? Is that a possibility
in this fund?
SEPTEMBER 25~ 1990
TOWN ATTORNEY ARNOFF: I do~i't believe it is~ We re not engaging in competitive
bidding to prevent people from coming into the community. I think that's really
what you're asking, can we use Town funds to do that? Who would make the determi-
nation? For example, you bring up McDonald's. You can bring up business ×,
and I choose not to use McDonald's~ because that's something that's pending and
it's current. I'd just as soon address it in the abstract. Business X wants to
come here. You don't like it. Mr. Pell may like it, and there may be a split.
Well, what do we do? Do we bid? Do we put it out to the public? Do we have
a referendum to see whether we should get involved in the bidding process? I
think you can see it won't work. You have to understand the acquisition of open_
space is not something, which happens overnight. It's a process which an offer
is made to the Town, matter presented, there are public hearings held, there's
appraisals held. We go through a whole process, and a competitive commercial
parcel doesn't lend itself to that kind of thing. Could it possibly used? I don't
think there's anything to prevent it. Practically, I don't see how it could possibly
be used.
RICH CAGGIANO: Maybe I shouldn't have used McDonald's as an example.
TOWN ATTORNEY ARNOFF: I don't think it can used in any of incidences.
RICH CAGGIANO: What I'm trying to get to, is it possible to set up a fund,
whether it be called open space, or farmland, or whatever~ that the Town has
excess to to buy property, that they want to keep open as is.
TOWN ATTORNEY ARNOFF: I think what you're saying is, if you won fifteen
acres on Route 48, and it was zoned commercial, and you felt like you wanted
to sell it to the Town as open space, you could say I want to sell this to the Town.
Then the Town would make a determination, as it would with any other parcel,
whether or not r it was interested in acquiring this as part of it's open space
program. So, i don't think it precludes, but it also~ doesn't mandate.
RICH CAGGIANO: That's what I want to know. Is it possible to do that with
these funds?
~_TOWN ATTORNEY ARNOFF.' It doesn't prohibit the ~purchase of any parcel.
RICH CAGGIANO: Back in '87r there was a problem with the way the referendum
was written. It could only be used for specific type of properties, and there'~
was a problem if you put a well on the property, that you bought for this, and
it got very restrictive. What I'm trying to do is see can we pass this resolution.
If it's going to get passed, we put it to referendum without all those restrictions
on it, so that we might be able to do something.
COUNCILMAN PENNY: It's a little bit different, but when you're dealing with '~
open space, the definitions already exist in the Town Code. First of all, this
area which you're talking about has got to pass the scrutiny of the committee~
which the Town has'already established, and has some pretty strict guidelines
on the type of stuff, and the purpose of property that they're looking for, and
it has to qualify as open space or open area, which is any space or area
characterize by natural scenic beauty, or who's existing openness, natural condition,
or present state of use, if retained would maintain or enhance the conservation
of natural or scenic resources. I mean, just because you happen to have a small
business parcel, that may be in between several other business parcels, and some-
body feels that they don't want what's going to come up therer does that trigger
the Town buying it? ! would say the answer is, absolutely not.
RICH CAGGIANO: I'm not saying, does it trigger, butt is it a possibility if
the Town. decided that?
COUNCILMAN PENNY: Quite honestly from what I've seen coming in from the
Town~ and the discussions that I've heard the people on the different committees,
this is not the type of property, that they're looking for. We're looking for passive
recreation, scenic easements. Look at the Norris property on Marratooka. It's
a~ long narrow sensitive strip probably 1,013 feet long. It's probably 20% of the
borderline of the lake. ! can't see where a place on the main drag .is going to
come anywhere close to that.
COUNCILWOMAN LATSON: In regards to the commercial businesses, I discussed
this today,~ as well, with the Town Board, and certainly the development of
commercial strip, or-commercial zoning along Route 48 is a loss of scenic value.
If it had been maintained as a residential zone, you could cluster it away from
Route 48, keep all your curb cuts on the north and south arteries, and maintain
the scenic integrity of the route. ! don't really see it as a feasible possibility
for the majority of the Town Board to vote for any type of zone change on these
businessess. What I did suggest today, is that we review our Code, and ~view
our Master Plan as a long term living, breathing document~ that's subject to
change, and perhaps incorporate the recommendations of Mr. Y~ro into site plan
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SEPTEMBER 25, 1990
approval, specifically buffering the front of the building with vegetation, putting
the parking in the rear, so you're not looking at a sea of asphalt, when you were
once looking at open space and farmland, and maintaining while allowing those
businesses to exist, and while allowing the zone to exist, to maintain as much
of the open space character within the business zone as possible. I went even
further to suggest, that the Town incorporate an architectial review with further
giving the Planning Board further authority, and clari~ing the intent of
architectial review for them. I suggest an architectial review board, and that
was met with a degree of resistance. However, I think we can, without establishing
a board, I think we can still acheive the same goal through the site plan review
process by following some simple recommendations and additions to our Code. !
tl~ink in the long run, this could be acheived without any expense to the taxpayer,
yet, we can maintain the integrity of Route 48.
SUPERVISOR HARRIS: Is there anybody else, before we get into resolutions? (No
response. )
1.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes two
advance fee checks, one in the amount of $10.00 made payable to LIRPLSA for
the October 3, 1990 conference on the changing population of Long Island and
its effects on recreationw and one in the amount of $4.00 made payable to NYSRPS
for CEU credits for the conference~ said charge to be made to A7020.4, Recreation
Administration, Contractual Expenses.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Latsonw seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes an
advance fee check in the amount of $587.50 (47 tickets at $12.50 each) made
payable to the Nassau Coliseum for the February 10, 1991 family bus trip to the
Nassau Coliseum Ice Capades Show; said charge to be made to A7320.4, Joint
Youth, ContractualExpenses.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latsonr
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq budget modification to the General Fund - Whole Town 1990 Budget:
To: A8160.4 Refuse & Garbage, Contractual Expenses $ 21,438.00
From: A1990.4 Contingent, Contractual Expenses $ 21,~38.00
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN LATSON: I would like to note that this exhausts the contingency
fund.
4.-Moved by Justice Edwards, .seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise for bids for the following items for 1991:
Milk for the Nutrition Center
Police Department Uniform Clothing
Cleaning of Uniforms of members of Police Department
Sale and removal of Scrap Paper from Landfill
Sale and removal of Scrap Metal from Landfill
Sale and removal of Scrap Tires from Landfill
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel for Highway Department and Landfill Site.
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.
$.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby changes the
title of the following individuals who are currently known as Kitchen Aides to
"Food Service Worker"~-
Shirley Rollinson - SNAP Program
l_ori Jiminez - SNAP Program
Mary Bajek - SNAP Program
Carol Smith - Nutrition Program
$onia Smith - Nutrition Program
Julie Shelby - Nutrition Program
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.
SEPTEMBER 25, 1990
$.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Pricilla
Bell as a Brief Respite Aide, effective September 11, 1990, 20 hours per week,
$5.00 per hour.
6.-Vote of the Town Board: Ayes: Councilman Wickham, ~Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This' resolution was declared duly ADOPTED.
7.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Cost Plus Fixed Fee Consultant
- Agreement for Inspection of the Fishers Island Airport - Obstruction Removal and
Lighting Project, between the Town of Southold and Calocerinos '~, Spina Engineers,
P.C., all in accordance with the terms and conditions of the agreement as approved
by the Town Attorney.
?.-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 Councilman Wickham, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints Thomas
Joseph Henry as a member of the Board of Assessment Review, effective September
30, 1990 through September 30, 1995.
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 Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Christine
Schriefer as a Work/Study Student Intern in the Office of the Supervisor, effective
September 17, 1990, at a salary of $5.00 per hour.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.;Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of H.O. Penn Machinery Co., Inc. in the amount of $13,450.00 for replacement
of the caps on the 816B Caterpillar compactor at the Landfill, all in accordance
'-- with the bid specifications.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COUNCILWOMAN LATSON: I would just like to say for the record, that when this
intially came up for a vote, that the money was not in the equipment line in the
landfill, and I don't know if that was ever really made clear to the public, that
at that time in the equipment line was $11,000.00, and we knew that the bid was
going to come in after that. Highway Superintendent Ray Jacobs was very upset
about it, to say the least, but it was really more up to the Highway Superintendent
and the Supervisor to inform us of the deficiency, than for us to be, someone like
myself, to be left to go home, check the budget, and to see that the money wasn't
there. I would just like you to understand it.
SUPERVISOR HARRIS: I'm going to have to comment on that at this time. These
kind of things never come out of equipment. They always come out of contractual,
and the money was always in contractual, it never comes out of equipment line.
11.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Town Attorney Harvey A. Arnoff and Assistant Town Attorney Matthew G.
Kiernan to attend the 1990 N.Y. Civil Practice Update, sponsored by the Suffolk
and Nassau Academies of Law at the Sheraton Smithtown Hotel, Smithtown, New
York, on Tuesday, October 2, 1990, from 6:30 P.M. to 9:30 P.M., and the use
of a Town vehicle, and the necessary expense for registration shall be a legal
charge against the Town Attorney's 1990 Budget.
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.
12a.-Moved by Councilman Penny, seconded by Justice Edwards,
BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN
OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25,
1990, AUTHORIZING THE ACQUISITION OF INTERESTS
OR RIGHTS IN REAL PROPERTY FOR THE
PRESERVATION OF OPEN SPACES AND AREAS 'IN SAID
TOWN FOR PUBLIC USE AND ENJOYMENT, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $2,000,000. -
87
SEPTEMBER 25, 1990
APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF $100,000 CAPITAL
NOTES TO PROVIDE THE REQUIRED DOWN PAYMENT
AND AUTHORIZING THE ISSUANCE OF $1,900,000
SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION.
Recitals
WHEREAS, Section 247 of the General Municipal Law, constituting
Chapter 24 of the Consolidated Laws of the State of New York, authorizes the
Town of Southold, Suffolk County, New York, to acquire interests or rights in
real property for the preservation of open spaces and areas for public use and
enjoyment; and
WHEREAS, the Town the for acquisition of interests or rights in real property located
throughout
purposes of preserving open spaces and areas and
conserving the character of local communities is found, determined and deemed
to be necessary, in the public interest and a property public purpose of the Town
in accordance with the findings and determinations of the State Legislature as set
forth in said Section 247 of the General Municipal Law; and
WHEREAS, accordingly, the Town desires to implement the real property
acquisition and financing program set forth below.
Now, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVED (by favorable vote of not less than
three-fifths of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York
(herein called "To~zn"), is hereby authorized to acquire interests or rights in
various parcels of real property within the Town for the preservation of open spaces
and areas for public use and enjoyment as may be authorized, from time to time,
by the Town Board of the Town after due notice and a public hearing, pursuant
to said Section 247 of the General Municipal Law, including incidental costs in
relation thereto, such acquisition being hereby found and determined to be
necessary and in the public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in said Section 247.
The estimated maximum cost of said class of objects or purposes, including pre-
liminary costs and costs incidental thereto and the financing thereof, is $2,000,000
:and said amount is hereby appropriated therefor. The plan of financing includes
the issuance of $100,000 capital notes to provide the down payment required by
the Law, as hereinafter defined, and the issuance of $1,900,000 serial bonds of the
Town to finance the balance of said appropriation, and the levy and collection of
taxes on all the taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the same shall become due and payable.
Section 2. Capital notes of the Town in the principal amount of $100,000
to pay the required down payment, and serial bonds of the Town in the principal
amount of $1,900,000 to finance the balance of said appropriation not provided by -
said capital notes, are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, constituting Chapter33-a of the Consolidated Laws of
the State of New York (herein called "Law").
Section 3. The following additional matters are hereby determined and
declared .'
(a) The period of probable usefulness of said class of objects or purposes
for which said $1,900,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11.00 a. 21(a) of the Law, is thirty
(30) years.
(b) C~rrent funds are required by the Law to be provided prior to
the issuance of the bonds authorized by this resolution or any bond anticipation
notes isued in anticipation thereof and such current funds will be so provided by
the issuance of the capital notes herein authorized. The Supervisor is hereby
authorized and directed to set aside the proceeds of sale of said capital notes and
to apply same solely to said class of objects or purposes herein described.
(c) The proposed maturity of the bonds authorized by this resolution
will exceed five (5) years.
Section 4. Each of the capital notes and each of the serial bonds
authorized by this resolution and any bond anticipation notes issued in anticipation
of the sale of said bonds shall contain the recital of validity as prescribed by
Section 52.00 of the Law and said capital notes and bonds and any notes issued
in anticipation of said bonds, shall be general obligations of the Town, payable
as to both principal and interest by a general tax upon all the taxable real property
within the Town without limitation of rate or amount. The faith and credit of the
Town are hereby irrevocably pledged to the punctual payment of the principal of
and interest on said capital notes and bonds and any notes issued in anticipation
of the sale of said bonds and provision shall be made annually in the budget of
the Town by appropriation for (a) the amortization and redemption of the capital
notes and bonds and any notes in anticipation thereof to mature in such year and
I~b) the payment of interest to be due and payable in such year. -
Section 5. Subject to the provisions of this resolution and of the Law
and pursuant to the provisions of Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, forms and contents and as to
SEPTEMBER 25, 1990
the sale and issuance of the'capital no"te~'¥a~l~lSond~ herein authorized and of any
bond anticipation notes issued in anticipation of said bonds, and the renewals of
said capital notes and bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the capital notes and bonds authorized by
this resolution and of any notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provision of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced withing
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7. A Proposition for the approval or disapproval of this resolu-
tion shall be submitted to the qualified electors of the Town at the General Election
to be held on November 6, 1990, and this resolution shall take effect upon approval
by said qualified electors at said General Election.
COUNCILWOMAN LARSEN: When I came to the Town Hall this morning, after
thinking long and hard about this proposed resolution, I presented to the Town
Board several questions that I felt should be taken under consideration before this
bond issue was passed. First and foremost was the prudency of presenting this
to the public at this time. Currently we have a balance, or approximate balance,
I can't give you the exact figure, of approximately $400,000.00 left in our Open
Space fund after the acquisition of Fort Corchaug, and Marratooka Lake. While
we were submitting our~ budgetary recommendations to the Supervisor, and the Town
Clerk, for the 1991 fiscal Budget, i sat down and made a list of the expenditures
that will be anticipated, that we can't anticipate in 1991, and I came up with the
following list. The Gull Pond Bulkhead renovation at $$3,000.00~ the requisition
of 25 acres behind the Rec Center for future use for recreational space, and I
know the Supervisor was recently quoted in the paper as saying for location of
:-the Town Hall, the acquiring of additional five acres site for a landfill expansion,
road runoff, addressing the road runoff issue, which has been priority issue with
all Town Board members, a six percent raise guaranteed by the CSEA, the dog
pound, which needs to be addressed, and I don't have a figure on that, but I'm
anticipating $100,000.00, the Dam Pond acquisition, which was initially estimated
roughly, approximately $5,000,000.00, which we're working through the Peconic
Land Trust, and what don't know what the acquisition cost of that will be, the
relocation of the Nutrition Center from Greenport to a new location, because of
the hazardous conditions in the existing building. The Fort Corchaug acquisition --
bond will be floated this year, and the unknown cost for garbage at this point,
when the 1990 Landfill Line Act comes into place. So, I sat down and asked myself
as a taxpayer within the Town, and I presented this to the Town Board, is passing,
going to the taxpayer, again, this year, the prudent time to ask them to once again,
go into their pockets. The Town Board assured me, that this money would probably,
in all probability, not be expended for another three or four years, so I, again,
asked them, why don't we find out exactly what the economic impact is going to
be on the taxpayer of all the aforementioned items, and I was told, let the taxpayer
decide, it's up to them. In a private conversation, Councilwoman Oliva informed
me, that she had with the Supervisor this morning, she stressed those questions
of economic impact, and he assured her, that the economic impact would be forth-
coming before the bond resolution was passed. Today we are looking at an EQBA
Act, that is pending by the Governor, which will provide the Town with money
for open space, and farmland preservation. We are looking at Phase three of the
County Farmland Preservation issue. Given the current fiscal condition within
the Town, and the general economy, I have to ask myself as a staunch person,
who has hardily supported all open space acquisition, in fact, I called for a Town
Board meeting, a special Town Board meeting, to assure when I thought the votes
were going against the preservation of Fort Corchaug, so that we could assure
that. But I have to ask myself, in prudency for the taxpayer, are we giving them
the full economic cost for 1991. if open space was the number one pressing issue,
if the Town was under increased developmental pressure, if people were developing
at a rapid rate, I would say, let's pass this bond, and I will support it today,
and I will vote to let the voter decide, but, again, we must have the full economic
impact that ~s going to coming upon the taxpayer in the 1991 fiscal year, so that
they have a full picture of what the priorities are, and we, also, must come up
with an open space plan, so that the Town Board has within it's ability an excellent
Open Space Committee, and the North Fork Environmental Council at the recent
conference has submitted an excellent plan for open space preservation, and a open
space plan to exactly do what you said Alice, you know, assertain what properties
we want. I will vote for this, because I think the taxpayer has the right to decide,
but I want to say how many times can you go to the taxpayer's pocket in one year,
and people in this Town are not making the money, that they did in the past. So,
it would have been my preference to get through the Landfill Law, to appropriate
89
90
SEPTEMBER 25, 1990
the money for these other pressing issues, that sl~oul~ I~e addressed within the
Town, and to hold this off for one year, and that's the end of my comments.
COUNCILWOMAN OLIVA: I just wanted to add that Scott has informed me that
he will have a breakdown from John Cushman, just. to the impact, to the voter,
about how much this bond issue would be, and also, I'd to reiterate just what Ellen
said, just very briefly, that the people should be aware of these other costs that
are of paramount importance, that we take care of also, so they're at least aware
of what they are paying for in their taxes.
COUNCILMAN PENNY: I would just like to say, that Scott has reassured us, a
matter of fact, this was not a private conversation, this was a conversation that
was held in coniunction with the Town Board at our work session today, and also, ~-~
when the resolution was put up awhile back, we discussed with Scott to make sure
all the information is available, so the voters can make an educated decision. He
has assured us, and I believe that we're all committed to the economic impact of
this particular act, which we discussed between John Cushman, and the Assessors,
getting this information out in plenty of time, and that the Town will distribute
this in whatever fashion it possibly can between now and the election. I was not
a firm believer, that the public would spend money in 1983, and pass the $1,750,000.
Farmland Preservation Act. I'was, also, very negative on the fact, that the public
was going to spend the money again in 1987, but preservation in Southold Town
is something that is in the hearts of everybody, and a personal decision has got
to be made by them, and all we're doing at this point is giving the public the
ability to once again put their money where their mouth is. No matter wi~at we
read coming out in Southold Town, preservation seems to be a primary issue, and
if that's a fact, fine. If it's not, I don't think that anybody here is going to
suffer a great loss. I think that you will. see this reoccurring as a test of the
public support for open space preservation probably every couple of years, or
whenever the money comes out, but I have no difficulty in putting it to the public
in good times, or bad times, because the decision is emimentl'.y theirs. The voter
today is very educated. They know the constraints that are on their own budgets.
They know what's going on with their elected officials. They have a pretty good
idea of what their taxes are going to be from year to year, and there's nothing
we do is in secret. We pass many, many bonds, and many, many bills in the last
:year. When you're doing this the impact of these does not have a significant long
term effect on any one year's budget. You're paying interest. You're paying
amorization. You're doing what any good business would prudently do, which is ~
spread out your capital cost, so you don't get swallowed up in any one year, and
that's what we've done, and our tax rate is pretty darn realistic compared to all
the preservation that we've incurred so far, and we look forward to. I saw, also,
as a result of this planning conference, which I was unable to attend, that open
space preservation was a prime issue, and the one way, and we've always been
told the best way to guarantee open space in Southold Town, is to buy it. We've
heard this from NFEC. We've heard this from Southold 2000. We've heard this
from everybody, if you want to preserve it, and Rich Caggiano said earlier, if
you don't want somebody to have a business somewhere buy it. When you buy
the property, you can do something with it, or this will give us the ability, and
not every case to do that, but it gives the ability to continue the programs, which
the voters have supported since 1983, and the voters will decide. They will be
given all the information, that's available, that we can come up with for them, and
it's going to be their decision. I welcome them having this imput. Thank you.
JUSTICE EDWAR[:~S: My comment is we put a $9,000,000.00 bond before the public
a year ago. There were some hidden costs in there that the public picked out.
They voted no on it. They're going to have their ol~portunity to vote now, yes
and no. It's up to the public. They're smart enough to make a honest decision.
Thank you.
12a.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12b.-Moved by Councilman Penny, seconded by Supervisor Harris,
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
AUTHORING THE SUBMISSION OF A PROPOSITION AT
THE GENERAL ELECTION TO BE HELD NOVEMBER 6,
1990, DIRECTING PUBLICATION OF NOTICE OF SUCH '-
ELECTION, AND DETERMINING OTHER MATTERS IN
CONNECTION THEREWITH.
Recitals
WHEREAS, on the 25th day of September, 1990, the T~wr. 13~ard-'of the
Town of Southold {herein called "Town Board" and "Town", respectively), in the
Couoty of Suffolk, adopted a bond and capital note resoluton authorizing the
acquisition of interests or rights in real property for the preservation of open space
and areas in said Town and the issuance of capital notes and serial bonds of the
Town in the respective amounts of $100,000 and $1,900,000 to finance the cost
thereof; and
SEPTEMBER 25, 1990
WHEREAS, the Town Board upon its own motion determined to submit
a Proposition for the approval or disaPl~r~l ~)f said bond and capital note resolu-
tion to the qualified electors of the Town at the General Election to be held on
November 6, 1990; Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. At the General Election of the qualified electors of the Town
to be held within said Town, on November 6, 1990, at the polling places of each
of the respective election districts of the Town of Southold, between the hours
of 6:00 o'clock A.M. (Prevailing Time) and 9:00 o'clock P.M. (Prevailing Time)
or as much longer as may be necessary to enable the voters then present to cast
their votes, the following Proposition contained in the Hotice hereinafter set forth
shall be submitted to the qualified voters, as hereinafter referred to.
Section 2. The Town Clerk is hereby authorized and directed to give
notice of the submission of said Proposition at the said General Election at least
ten (10) days prior-to the date of such election by causing a Notice in substantially
the form set forth in Section 3 hereof to be posted on the sign board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town Law and published
in "THE LONG ISLAND TRAVELER-WATCHMAN", a newspaper published in Southold,
New York, and in "THE SUFFOLK TIMES", a newspaper published in Mattituck,
New York, each having a general circulation with the Town and hereby designated
as the official newspapers of the Town for such publication.
Section 3. Said Notice shall be in substantially the following form:
TOWN OF SOUTHOLD, NEW YORK
NOTICE OF PROPOSITION TO BE
SUBMITTED AT THE GENERAL ELECTION
TO BE HELD ON NOVEMBER 6, 1990
NOTICE IS HEREBY GIVEN that pursuant to the resolution duly adopted
by the Town Board of the Town of Southold, in the County of Suffolk, New York,
on September 25, 1990, the following Proposition will be submitted to the
qualified electors of the Town at the General Election to be held within said Town,
on November 6,. 1990, between the hours of 6:00 o'clock A.M. (Prevailing Time)
and 9:00 o'clock P.M. (Prevailing Time) at the polling places of each of the
respective election districts of the Town of Southold, New York, to wit:
PROPOSITION
SHALL the resoltuion of the Town of Southold, New York,
entitled: "Bond and Capital Note Resolution of the Town
of Southoid, New York, adopted September 25, 1990,
authorizing the acquisition of interests or rights in real
property for the preservation of open spaces and areas
in said Town for public use and enjoyment, stating the
estimated maximum cost thereof is $2,000,000, appropriating
said amount therefor, authorizing the issuance of $100,000
capital notes to provide the required down payment, and -
authorizing the issuance of $1,900,000 serial bonds of said
Town to finance the balance of said appropriation," BI=
APPROVED?
an abstract of such resolution concisely stating the purpose and effect thereof,
as follows:
FIRST: RECITING that Section 247 of the General Municipal Law,
constituting Chapter 24 of the Consolidated Laws of the State of New York,
authorizes the Town of Southold, Suffolk County, New York, to acquire interests
or rights in real property for the preservation of open spaces and areas for public
use and enjoyment; and that acquisition of interests or rights in real property
located throughout the Town for purposes of preserving open spaces and areas
and conserving the character of local communities is found, determined and
deemed to be necessary and in the public interest and a proper public purpose
of the Town in accordance with the findings and determinations of the State
Legislature as set forth in said Section 247 of the General Muncipal Law; and that,
accordingly, the Town desires to implement the real property acquisition and
financing program set forth below.
SECOND: AUTHORIZING said Town to acquire interests or rights in
various parcels of real property within the Town for the preservation of open spaces
and areas for public use and enjoyment as may be authorized, from time to time, _
by the Town Board of the Town after due notice and a .public hearing, pursuant
to said Section 247 of the General Municpal Law, including incidental costs in
relation thereto, such acquisition being hereby found and determined to be
necessary and in the public interest and a proper public purpose of the Town in
accordance with the findings and determinations set forth in said class of objects
or purposes, including preliminary costs and costs incidental thereto and the
financeing thereof, is $2,000,000; APPROPRIATING said amount therefor; STATING'
the plan of financing includes the issuance of $100,000 capital notes to provide
the down payment required by the Law, as hereinafter defined, the issuance of
$1,900,000 serial bonds of the Town to finance the balance of said appropriation,
and the levy of a tax upon all the taxable real property w. ithin the Town to pay
the principal of said bonds and interest thereon;
THIRD: AUTHORIZING the issuance of $100,000 capital notes to provide
the required down payment and $1,900,000 serial bonds of the Town to finance
SEPTEMBER 25, 1990
the balance of said appropriation not provided by said capital notes pursuant to
the Local Finance Law of the State of New York (the "Law");
FOURTH: DETERMINING and STATING that the period of probable
usefulness of the class of objects or purposes for which said $1,900,000 serial
bonds are to be issued is thirty (30) years; current funds are required by the
Law to be provided prior to the issuance of the bonds or any notes in anticipa-
tion thereof and such current funds will be provided from the proceeds of capital
notes; and DIRECTING the Supervisor to set aside said capital note proceeds and
apply the same solely to said class of objects or purposes; and the proposed
maturity of said $1,900,000 serial bonds will exceed five (5) years;
FIFTH: DETERMINING that said capital notes and bonds and any bond
anticipation note issued in anticipation of said bonds and the renewals of said
capital notes and iS-ond anticipation notes shall be general obligations of the Town
and PLEDGING to their payment the faith and credit of the Town;
SIXTH: DELEGATING to the Supervisor the powers and duties as to
the issuance of said capital notes and bonds and any bond anticipation notes issued
in anticipation of said bonds, or the renewals thereof; and
SEVENTH: DETERMINING that a proposition for the approval or disapproval
such bond and capital note resolution shall be submitted to the qualified electors
of the Town at the General Election to be held on November 6, 1990, and that such
resolution shall take effect upon approval by such qualified electors at said General
Election.
BY ORDER OF THE TOWN BOARD
DATED: SEPTEMBER 25, 1990. Judith T. Terry, Southold Town Clerk
Section 4. This resolution shall be adopted at least twenty (20) days
prior to the date of said Town Election.
Section 5. This resolution shall take effect immediately.
12b.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
RESOLVED that a recess be called at this time, 8:15, for the purpose of holdin~l
a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
.,This resolution was declared duly .ADOPTED.
Meetin~t reconvened at 8:18 P.M.
13.-Moved by Councilwoman Oliva, seconded by Supervisor Harris,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED SEPTEMBER 25, 1990, AUTHORIZING
THE PURCHASE OF SAND AND OTHER FILL MATERIAL
FOR USE AT THE TOWN LANDFILL, STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $50,000,
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $50,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
. OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less
than two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, Ne~; York
(herein called "Town"), is hereby authorized to purchase sand and other fill material
for use at the Town Landfill. The e~timated maximum cost of said specific object
or purpose, including preliminary costs and costs incidental thereto and the financing
there, is $50,0000 and said amount is hereby appropriated therefor. The plan
of financing includes the issuance of $50,000 serial bonds of the Town to finance
said appropriation, and the levy and collection of taxes on all the taxable real
property in the 'Town to pay the principal of said bonds and the interest thereon
as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $50,000,
are hereby authorized to be issued pursuant to the provisions of the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby determined and
decla red .'
(a) The period of probable usefulness of said specific object or purpose
for which said $50,000 serial bonds authorized pursuant to this resolution are to
be issued, with the limitations of Section 11.00 a. 35 of the Law, is five (5) years.
(b) Current funds are not requied by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 5 of the Law.
(c} The proposed maturity of the bonds authorized by this resolution
will not exceed five (5) years.
Section 4, Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall contain the
recital of validity as prescribed by Section 52.00 of the Law and said bonds and
and hereby designated the official newspapers of said Town for such publication.
t.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
SEPTEMBER 25, 1990
any notes issued in a~nticipation of said bonds,, shal be general obligations of the
Town, payable as to both principal and inter~St~i~g~neral tax upon all the taxable
real property within the Town without limitation of rate or amount. The faith and
credit of the Town are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds and any notes issued in anticipation of the
sale of said bonds and provision shall be made annually in the budget of the Town
by appropriation for (a) the amortization and redemption of the bonds and any
notes in anticipation thereof to mature in such year and (b) the payment of interest
to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law
and pursuant to the provisions of Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and of Section 50.00 and Sections 55.00
to 60.00 of the Law, the powers and duties of the Town Board relative to
authorized bond anticipation no~e~ and prescribing the terms w form and contents
anti as to the sale and issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said
bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bond§ authorized by this resolution and
of any notes issued in anticipation of the sale of said bonds, may be contested
only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced with
twenty days after the date of such publication, or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This bond resolution shall take effect immediately, and the
Town Clerk is hereby authorized and directed to ' · publish the foregoing resolu-
tionw in full, together with a Notice attached in substantially the form prescribed
by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper
~published in Southold, New York, and in "THE StJFFOLK TIMES," a newspaper
published in Mattituck, New Yorkr each having a general circulation in the Town
Councilwoman Olivar Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
93
14.-Moved by Councilman Penny, seconded by Councilwoman Oliva, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORKr ADOPTED SEPTEMBER 25, 1990, AUTHORIZING -
THE PREPARATION OF SURVEYS AND PLANS FOR THE
WATERFRONT REVITALIZATION PROJECT, STATING THE
E~ITIMATED MAXIMUM COST THEREOF IS $50,000,
APPROPRIATING SAID AMOUNT THEREFOR, AND
AUTHORIZING THE ISSUANCE OF $50,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than
two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of $outhold, in the County of Suffolk, New York,.-
(herein called "Town"), is hereby authorized to prepare, pursuant to Section 99-d
of the General Municipal Law~ surveys, preliminary plans and detailed plans, speci-
fications and estimates necessary for planning for the revitalization of the waterfront
with the Town. The estimated maximum cost of said specific object or purpose,
including preliminary costs and costs incidental thereto and the financing thereof,
is $50,000 and said amount is hereby appropriated therefor. The plan of
financing includes the issuance of $~000 serial bonds of the Town to finance said
appropriation~ and the levy and collection of taxes on all the taxable real property
in the Town to pay the principal of said bonds and the interest thereon as the~
same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $50,000,
are hereby authorized to be issued pursuant to the provisions of the Local Finance
Law~ constituting Chapter 33-a of the Consolidated Laws of the State of New York
(herein called "Law") to finance said appropriation.
Section 3. The following additional matters are hereby determined and
decla red:
(a) The period of probable usefulness of said specific object or purpose
for which said $50,000 serial bonds authorized pursuant to this resolution are to
be issued, with the limitations of Section 11.00 ~. 62(a) of the Law, is fiv~ (5)
years.
(b) Current funds are not required by the Law to be provide~l as a
down payment prior to the issuance of the bonds authorized by this resolution or
SEPTEMBER 25, 1990
any bond anticipation notes issued in anticipation thereof in a~cordance with Section
107.00 d. 5 of the Law.
(c) The proposed maturity of the bonds authorized by this resolution
will not exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any
bond anticipation notes issued in anticpation of the sale of said bonds shall contain
the recital of validity as prescribed by Section 52.00 of the Law and said bonds
and any notes issued in anticipation of said bonds, shall be general obligations
of the Town, payable as to both principal and interest by general tax upon all
the taxable real property within the Town without limitation of rate or amount.
The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the
budget of the Town by appropriation for (a) the amortization and redemption of
the bonds and any notes in anticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law
and pursuant to the provisions of Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to
authorizing bond anticipation notes and prescribing the terms, form and contents
and as to the sale and issuance of the bonds herein authorized and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said
bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and
of any ,notes issued in anticipation of the sale of said bonds, may be contested
only, if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution
are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced withing
-twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution shall take effect immediately, and
the Town Clerk is hereby authorized and directed to publish the foregoing resolu-
tion, in full, together with a Notice attached in substantially the form prescribed
by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper
published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper
-- published in Mattituck, New York, each having a general circulation in the Town -'
and hereby designated the official newspaper of said Town for such publication.
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.
SUPERVISOR HARRIS: I'm glad this finally is going to be done and underway.
It's been a number of years, that this has been held up, and I'm just grateful,
that we're finally going to get a Waterfront Revitalization Plan in place, which will'-
open the Town up to many grants and funding, which now, the opportunity does
not avail itself.
15.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
follo~in9 1990 Budget~modification to the Fishers Island Ferry District:
To: SM~.1930.4 Insurance Claims, Contractual Expenses $ 3,000.00
From: SM.9010.8 New York State Retirement $ 3,000.00
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 Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
folio.win9 1990 Budget modification to the General Fund - Part Town;
To.' B8010.4 Zoning, Contractual Expenses $ 1,000.00
From: B1990.4 Contingent, Contractual Expenses $ 1,000.00
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Oliva, seconded by Councilman Penny, 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: A8830.I Shellfish, Personal Services $ 2,631.13
From: A8830.4 Shellfish, Contractual Expenses $ 2,631.13
SEPTEMBER 25, 1990
95
17.-Vote of the Town Board: Ayes: Councilman Wickha~a, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was d~clared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise for bids for the Superintendent of Hic~h~vays for Screened
Sand for Snow and Ice Control.
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.
~.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to advertise for sale by bid the Series II1, Model 60 IBM copy machine.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Recreation
Director Kenneth Reeves to attend a one day seminar in Plainview, New York, on
November 28, 1990, entitled "How to Create the Right Customer Service ~mage",
and the use of a Town vehicle, travel expenses and an advance fee check in the
amount of $68.00, payable to NYSRPS, shall be a legal charge against A7020.4,
Recreation Administration, Contractual Expenses.
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 Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund
in the amount of $43.00 to Donald Staron, which sum represents unused Sand
Tickets purchased by Mr. Staron on May 7, 1986 (16 (1-yard) tickets at $2.50
:each + 7~0 sales tax = $40.00 + $3.00 = $43.00).
?~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 Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Cynthia
Sturner, Conservation Advisory Council member, to attend the 1990 New York State
Conference on the Environmental being held at Saratoga Springs, New York, on
October 19,20,21, 1990, and the necessary expense for registration, meals, lodging-
and travel shall be a legal charge against the Conservation Advisory Council's 1990
Budget.
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 Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter
of Credit, posted as a bond for roads and improvements in the Alan Cardinale Sub-
division, at Mattituck, New York, in the amount of $78,780.00 all in accordance
with the Town Board's resolution of December 27, 1989 approving said amount upon
the recommendation of the Southold Town Planning Board and Sidney B. Bowne
$ Son, Consulting Engineers.
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.
4.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Falvey Truckinq & Excavatinq, Inc. to maintain a watchman/storage trailer, and
tent for lunch breaks at Elizabeth Field Airport, Fishers Island, for a two (2)
month period to November 25, 1990, while they complete the FAA approved Airport
Lighting and Obstruction Removal Project.
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town -
Board members and the Town Attorneys to attend the Ethics in Local Government
Conference at Babylon Town Hall, Lindenhurst, New York; on Wednesday, October
10, 1990, from 1:30 P.M. to 5:00 P.M., and the use of a Town vehicle anol necessary
expenses for travel shall be legal expense against the Town Board's and Town
Attorney's 1990 Budget.
6 SEPTEMBER 25, 1990
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by 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 $752.00 (47 tickets at $16.00 each) for the
Sunday, February 17, 1991 New York Knicks bus trip; said charge to be made
to A7320.4 Joint Youth, Contractual Expenses, check r~ade payable to Madison
Square Garden.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to place a display advertisement in the Real Estate Sections of The
Long Island Traveler-Watchman and The Suffolk Times for a two (2) week period,
adverti'sing that the Town of Southold is accepting applications' for the 1990 Southold
Town Affordable Housing Program, and newly constructed single family homes,
or 1/2 acre lots are available.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Resolution #28, a resolution of Intent relative to the Landfill was HELD.
29.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board Of the Town of Southold hereby authorizes an
additional $500.00 to the Peconic Land Trust towards the total cost of $1,500.00
for an appraisal by Agnor Benson of a certain piece of property at East Marion,
known as Cove Beach, said appraisal to be carried out jointly for the Town of
Southold and the Peconic Land Trust.
29:.~-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice EdWards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, the Town of Southold is the Lead Agency under the New York State
Environmental Quality Review Act (SEQRA) for the preparation of a Solid Waste
Management Plan/Draft Generic Environmental Impact Statement; and
WHEREAS, a proposed Solid Waste Management Plan/DGEIS has been prepared by -
the Town's solid waste management consultant; and
WHEREAS, members of the Southold Town Board .have considered the proposed Solid
Waste Management Plan/DGEIS with regards to completeness under the requirements
of SEQRA; and
WHEREAS, pursuant to SEQRA it is the responsibility of the Lead Agency to file
a Notice of Completion of the proposed Solid Waste Management Plan/DGEIS and
to provide for public review and comment for a period not 'less than thirty (30)
calendar days from the-first filing and circulation of the Notice of Completion, and
to hold one or more public hearings to receive public comment on the DGEiS if
it deems such public hearing is appropriate; now therefore be it
RESOLVED, that the proposed Solid Waste Management Plan/.DGEIS is found to be
satisfactory with respect to its scope, content, and adequacy for the purpose of
commencing public review; and be it further
RESOLVED, that the proposed Solid Waste Management Plan/DGEIS be released for
public review and comment to appropriate involved agencies and interested agencies
and parties, and be available for public review in the Southold Town Hall, Southold
Free Library, Mattituck Free Library, Cutchogue Free Library, Fishers Island Free
Library, and Floyd Memorial Library; and be it further
RESOLVED, that comments on the proposed Solid Waste Management PIan/DGEIS
be accepted for consideration by the contact as noted on the Notice of Completion
until November 13, 1990; and be it further
RESOLVED, that the appropriate filing of this notice be made under' the requirements
of SEQRA.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution wasdeclared duly ADOPTED.
31 .-Moved by Councilman Wickham, seconded by Supervisor Harris,
WHEREAS, the Town Board as Lead Agency under the New York State Environmental
Quality Review Act (SEQRA) has accepted as complete a proposed Solid Waste
Management Plan/DGEIS and issued as complete this proposed Solid Waste I~lanagement
Plan/DGEIS for public review and comment; and
WHEREAS, SEQRA provides for an opportunity for a public hearing to recieve
comments on the proposed Solid Waste Management Plan/DGEIS; now, therefore be it
RESOLVED, that a public hearing be held to receive comments on the proposed
Solid Waste Management Plan/DGEIS on October 30, 1990, at the Southold Town
Hall, Main Road, Southold, New York, from 3:00 P.M. to 5:00 P.M, and 7:00 P.M.
to 9:00 P.M.; and be it further
RESOLVED, that appropriate notice of this public hearing be made by the Town
Clerk.
31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
COLINClLWOMAN LATSON: I just want to say for the recordr that we recieved
a call last week Wednesday, and that we picked it up on Thursday, and there are
three volumes, and I'm voting to declare it complete, although ! have not had the
opportunity to review it fully.· I .don't know if anybody on the Town Board has
really, but in view of getting it out to the public, so if I have a comment to make
after I finish my analysis, will you consider that appropriate if I'm deeming it
complete now?
SL1PERVISOR HARRIS: You can comment whenver.
COUNCILWOMAN LATSON: Because we really have the ~ption, if we were to send
it back to Dvarka and Bartilucci, if we declared it incomplete. Say, this wasn't
addressed, that wasn't addressed.
SUPERVISOR HARRIS: It's complete to release.
TOWN CLERK TERRY: We could bring it back.
COIJNClLMAN PENNY: I would just like to compliment the Solid Waste Management
Task Force, and Dvarka and Bartilucci, for preparing, what I consider, probably,
one of the most thorough documents, that I've read since I've been on the Town
~-Board. I feel that probably one of the factors,~ that this addressed as many concerns
as it did, was the public imput, and the direct working relationship between the
members of our Town Waste Management Task Force, who voiced very, very, many,
many concerns, and worked along with Dvirka and Bartilucci in preparing this
document. I'm sure that the Chairman will have comments of his own, but I'm sure
you will except the accolades, which I'm willing to lay on him and his committee
for a very thorough job. It's been a long time in the works. It took us approxi-
mately six months to prepare this document since we hired Dvarka and Bartilucci,
and hopefully this will be as well received by the DEC, as we hope. We've come
a long way in a short time, and we sti!l have a lot more' work to d(~. Thank you.
SUPERVISOR HARRIS: I would also like to comment on the performance of, not
only our consulting engineers, Dvirka and Bartilucci, because this document took
a lot of time and preparation, and many, many meetings throughout Suffolk, and
the State of New York, and Fishers Island, and also, the Task Force, helping to
get them to this planning stage, which we now have in f~'ont of us, and now we
receive and welcome the imput from people of the Town of Southold, guide us on
the nexz step. We'll act on the Local Law.
32.-Moved by Supervisor Harris, seconded by Councilman Wickham~
WHEREAS, a proposed Local Law No. 18 - 1990 was intorduced at a meeting of
this Board held on the 11th day of September, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 25th day of
September, 1990, at which time all interested persons were given an opportunity
to be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 18 - 1990 be enacted as follows:
LOCAL LAW NO. 18, 1990
A Local Law in Relation to Vehicles and Traffic
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is
hereby amended as follows:
~1. Section 92-30 (Stop intersections with stop signs) is hereby
amended by adding thereto the following:
STOP SIGN ON DIRECTION OF AT INTERSECTION
TRAVEL WITH
Krause Road West Ole Jule Lane
LOCATION
(hamlet)
Mattituck
Ole Jule Lane North Krause Road Mattituck
Il. This Local Law shall take effect upon its filing with the Secretary of State.
32.-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 SEPTEMBER 25, 1990
SUPERVISOR HARRIS: At this time, at the regular portion of the agenda, are
there any members of the audience that would like to speak to the Town Board
on any matter, that may be of importance?
FRANK CARLIN: Frank Carlin. Laurel. I'm here this evening to speak for all
my little friends. It seems like to me, we have repeat that we had in 1985 with
the Animal Shelter. We dragged our feet on that, and decided to put the foundation
up in January. I think George Penny was the Chairman of that program, and it
was a disaster, the foundation was. Blamed it on the cold weather. I think we
have a duplicate here. We're kicking this thing around, dragging our feet. These
poor animals, they have no way of asking for help. Each and every one of you,
your responsibility, put here on this earth for a reason. It's your responsibility
to see they'retaken care of. Took us over a year to repair this civic building, on
the roof. I believe George Penny was head of that one too. But it's a repeat
here, I can see it's going to happen again. We started off that time with $100,000.00,
$125,000.00 for a building 24 by 48. We got it down, ended up with $50,000.00.
It's going to look like the same way here. Look like it's heading in the same
direction. It's not right. By the time you people decide on something, it's going
to be cold weather, again. That building should have been started already. I hear
about architects, and I hear about planning. We're not building a here. We're
building a simple animal shelter. No showers or tile bathrooms, just an animal shelter.
Let's not drag this thing out like we did the last time. I hope you learned something
from the last time. These poor animals..I love animals. I had one for sixteen
years. I lost him, buried in my back yard with a stone, and fenced in. I love
animals, and that's why I'm here tonight. But you seem to drag your feet on a
lot of things, even with Charlie Zara. That case should have been finished two
years ago, but I won't get into that now. Did you learn anything from that last
time? Who's in charge here? Who's the chairman of this committee, on this one
this time?
SUPERVISOR HARRIS: ! am now.
~FRANK CARLIN: Okay, then probably we can learn something because you are.
But like I say, it's a repeat, and I can see it coming the same way. Here's a
picture of the disaster we had here in 1986 from Suffolk Times. That's what it
looked like. Does it look familar to you? A mess, a complete mess. If it wasn't
for the people in North Animal Welfare League, Lord knows what would happen
to these animals, and I take my hat off to them. I appreciate their work. They
need all the help they can get, so does these animals. Perhaps if there was room
to put them inside, maybe it would cut down on the noise. I don't know if you
go there or not, but I go there sometime, and you see maybe 12 dogs outside all -
summer long, chained outside in the hot sun, 90 to 100 degrees, because they dor~'t
have any place to go inside to. Do you think that's right? I don't. Let's get
the animal shelter started. Let's get it built, start throwing the baseball around
here. Let's get down to business once and for all for a change. Okay? Let's not
make it a repeat of '85. It was '85 started, and this was '86 in January when there
was a mess. I don't think there's any rebuttal on this thing, because you know
it's all true. I've got it ali here. If you want more proof, I got them all here
back in '85, the whole story of it, right here. Dogs electrocuted, two dogs loose.
Don't make a face, George. It's right here. You know yourself.
COUNCILMAN PENNY: The word executed is totally inappropriate, sir.
FRANK CARLIN: They hit the live wire and they were killed.
COUNCILMAN PENNY: That's not executed.
FRANK CARLIN: What is it?
COUNCILMAN PENNY: They were killed by accident. They were not executed.
FRANK CARLIN: They were killed by electricity.
COUNCILMAN PENNY: I think execution is intentional.
FRANK CARLIN: Well, anyway they were killed, perhaps by nobody's mistake,
but they were still killed, but we must move on this. These people do a wonderful
job there. They need your help. Sitting around like this, talking about it, talking
about it, getting architects and planners, wait for this. Meanwhile winter is coming
on. We can't lay foundation or concrete in the winter. You learned it from experience
from what I said before. It doesn't work. stop draggin your feet, please. Thank
yOU.
SUPERVISOR HARRIS: Thank you, Mr. Carlin. Anybody else?
SEPTEMBER 25, 1990
99
WILLIAM PELL: Billy Pell from Greenport. How do we stand on the Landfill? I
know you met with the DEC two weeks ago. Any progress there, or anything that
coincides with the new report, that you just got in today? Do you have a upctate
on where the Town stands?
SUPERVISOR HARRIS: We have a letter, that we received last Thursday. We
received a letter from him in reference to the meeting, that was held a week before
that, and by next Thursday he wants us, again, to tell him, as if he doesn't know
already, what direction we're going in. It was a form letter, that was sent out
to all towns in Suffolk County and Nassau County with his signature on it, and
you certainly can have a copy of this, if you like.
COUNCILMAN PENNY: He specifically addressed our town in the fact that he would
like to hear comments from our town specifically by September 27tho
WILLIAM PELL: Did anybody read the three books, could tell us basically what
they recommended for the town, or the alternative they recommended?
SUPERVISOR HARRIS:' Tom would probably rather get into it, than I would. It's
basically a simple program of a base plan of 70% volume reduction, with the 30%
being addressed by nine options with the Town of Southold, and the people will
have to decide which direction they want to go in. That's what the imput from
all the hearings we'll be holding over the next number of weeks, and that basically
sums up what the plan is. The plan is, 70% volume reduction at the landfill, and
it address 3RC, recycling, reduce, and composting, and then on the other side
of it, there's the 30% that can't be addressed in that fashion, and we have to decide,
as a Board, as a people of the Town of Southold, which of the nine options, which
has been explored and presented to us, and which is presented to you now, would
be the most feasible, environmentally sensitive, approach to take. Tom?
COUNCILMAN WiCKHAM: Bill, I would just add that the report is now public.
i think you,and every other interested member of the community, ought to read
it with interest. It will be available, and frame your questions, and bring them
to the Board, and bring them to the hearings, and let them be registered at that
time. The report outlines as Scott very correctly said, a centerpiece of tremendous
recycling, reuse, and composting, so that we can reduce down to only about thirty
percent, the volume of stuff that comes in there now. How we deal with that other
thirty percent, there's a number of options there. The Town Board has not yet
taken up a ranking of these options, and said, this is the one we're going to choose.
We're going to be receptive to the views of the Town on that question. Second
part, I would say, is that there are important questions of timing, when each of
these steps is going to be carried out. The report really doesn't go into exactly
when each of these steps..it outlines a direction without stating specific dates
where these things will be done. Again, the purpose of the hearings and the ~
SEQR process is to get the imput of people as to the questions of scheduling a
date, too. So, it's there. I'm sure you'll find it readable, particularly the
summary part, the beginning, some eighteen or twenty pages with a chart, which
I recommend as a kind of key part of the report.
WILLIAM PELL: Thank you. Last I'd like to ask, how does the Town Board feel
on this bond, that you passed tonight, that was discussed by three or four
different people? The two million dollar bond, what are feelings, that you are
in favor, or opposed, or what?
SUPERVISOR HARRIS: Individually?
TOWN ATTORNEY ARNOFF: I don't think it's appropriate, that at this point prior
to further analysis, that the Board comment on their individual preferences, at
this point. I think that's what you're asking for.
WILLIAM PELL.' Yes, perhaps it is. I., also, thought the Board, before it was
presented to the people, would have some :'i:d~ea of economic effect before they would
go to the point of putting up for resolution r they would have feel in the background
what it's going to cost us. I wonder if they had that feel. That is why I asked
that question, because I'm sure the Board would not put it up for resolution to
the public without having some idea.
COUNCILMAN WICKHAM: Bill, it's been shown in a number of studies throughout
the United States, that for every acre taken out of development and put into a
preserved status, the municipality actually saves money, because the expenditure
on services is..the savings on expenditures is greater than the loss of taxes, so
! feel that there's a net gain, economically and fiscally to the Town to the extent
that we can promote open space.
WILLIAM PELL: Fiscally, Tom, I do agree with your theory there. Also, tl~ere's
economic, as was discussed. Which way do we go? What can we afford, economically?
That's perhaps why I got a little bit upset, when you people voted to sell two
other pieces of land, based on your theory right there. Thank you.
100
SEPTEMBER 25, 1990
JUSTICE EDWARDS: I have a comment on this, Bill. I'm on the fence with this
one, one way or the other, because as you know, we have not received a cent
on Fishers Island from Farmland, nor Open Space.
COUNCILMAN PENNY: This is by application. We've encouraged that horse farm,
and got turned down under the Farmland Program to go back and reapply to Open
S pace.
JUSTICE EDWARDS: My comments are not publishable.
SUPERVISOR HARRIS: Is there anybody else in the audience, who would like to
address the Board? (No response.) Is there anyone on the Town Board, that
have anything they'd like to share?
COUNCILMAN PENNY: I would just like to comment. Frank Carlin got up and
said, that through all of his comments, there is no rebuttal, naturally being it
appeared to be pointed attack on me in some position of chairman, which I'm really
not certain that I ever held. I would just like to clarify my position on the Town
Board, and as an advocate for the Dog Shelter, and as Chairman of the DOg Pound
Committee for, I believe it was four years. At the time, that the progress was
stopped in January or February, it was not because of weather conditions, or any-
thing else. It was because when I first got on the Town Board, I was asked by
the Town Board that being as they had not put anybody directly in charge, as
is required by law, which is an architect, or an engineer, to oversee the project.
They asked me if I would volunteer to oversee the project, which I did. When
I asked amongst the Town Board members, what provision had been made for plans
and specifications, so that I would have some guidelines to judge the quality of
the work, and the size, the shape, the confirmation of everything that was going
into the project, I was told there was none. The project was stopped because
there was absolutely no specifications, or any concrete proposals on how we were
going to do the building. I brought this information, and I did not stop this project.
I brought this information to the Town Board. I addressed the Town Board on
this topic. We called a special meeting, as a matter of fact, when I realized the
predicament, that the fellows were in, that were trying to work on a job with no
specifications, and no real guidance, and the Town Board choose by resolution
to stop the project. We, then, I was made Chairman of the Dog Pound. I worked
very closely with the Animal Welfare League with Doctor Zitek, with Gary Strang,
the architect, and with the Town Board, to get plans and specifications drawn
for a shelter in a proper fashion. The Town Board went through a bonding
resolution, appropriated the funds, which it hadn't done before, and agreed on
an architect to oversee the project. All of this is required by law, and started
out in a proper fashion to do it. When we went to bid, the bids came in at --
several hundred thousand dollars more than we had planned, and so we only
decided to go with phase two, which was the building of the runs. The building
of the runs went very smoothly with the exception of which Mr. Carlin was kind
enough to bring to our attention tonight, the fact that there were some damage
done to one of the electrical lines, when they were replacing some plumbing, and
two of the dogs were inadvertently killed by electricity, when they touched the
sides of their cages. They were not electrocuted. I mean, they were electrocuted.
They were not executed. Problems do come up when you hit an underground
cable with a back hoe, and quite honestly I don't really think that even though
I made this mistake, it's funny, because it was a very serious point, because it
could have been a shelter worker, or somebody from the community coming in on
a volunteer basis. They could have been killed at the same time. None of this
was foreseen by the Town. It is an accident. I don't believe that anybody can
be held personally responsible for accidents. I have been, as a Town Board
member, an advocate for completing the Shelter. I have never been the Chairman
of Buildings and Grounds. I have never been directly, personally, involved as
a Chairman of any group to spearhead'this construction, so I don't know why the
comments are directed particularly towards me tonight, and I believe, that the
record, which Mr. Carlin was kind of enough to mention, probably includes what
the papers reported on this, but if there's any places that he feels are voids,
I'll be very happy to fill him in. I know Pete is here from the Animal Welfare
League, and I'm sure that knows how closely I've worked with the Animal Welfare
League to try and get this shelter completed. Back on something that happened
today, we might quote McDonald mania, a comment was made that the architectural
review scenario met with resistance from the Town Board. I believe what happened
today, is that on advice of our Town Attorney in a letter form to the Planning
Board, we have found that a lot of the architectial review criteria, which people
are seeking, already exists in the Code of the Town of Southold. It's in the site
plan review section. I'll bring it to anybody's attention. We went over pretty
thoroughly with the papers today. I'm pretty sure that everybody has a copy,
that wanted a copy of it. We spent about between a year and a half, and two
years, as Ruth can well document, working on these site plan review section of
the Code. That site plan review section of the Code passed, I believe it was April
or May, approximately a year and four or five months ago. I don't see, especially
in the light of what the Town Attorney has told us, that we have these powers,
and until I see an interpretation from an attorney, that says that we don't have
these powers, than I think we really might have to concerned again, but we have
been reassured by our attorney, and I'm sure it's going to be looked into further,
that the wording that is in there gives the power to the Town Planning Board
without creating a parallel board, as has been suggested at many other times. We
did this two years ago with the idea that if a McDonald's or a similar orqanization
was to come into town, and was to put up signage, and attractions, which the town
felt were unsightly, that the Planning Board would have the power to deny that
request in their site plan review. We had several attorneys in town, which worked
very closely with us. We had imput from the Chambers, and we also had the
opinion of our Town Attorney, at the time, that this would prevent, and I hate
to keep using the word McDonald's, because I have nothing against McDonald's
personally, but the McDonald's golden arch, what's called the golden arch scenario,
from popping up in Southold Town. I believe that opinion was upheld today by
our attorneys, and I know r and I feel, that if it's not upheld, that somewhere
along the line, somebody can bring us a legal opinion, that says that maybe put
a little more to it, then we'll be very happy to do it, but we don't have to
necessarily, start anyother bureaucratic layer, because I think by the time we
got that in place, there would probably four or five fast food franchises. If
everything goes as fast as the site plan review did, through the Legislative Committee,
after about two years, God knows what's going to be in place by then~ so hopefully,
what we've done so far is going to do the job. Thank you.
FRANK CARl_IN: I understand that foundation was cancelled, because it w~s off due
to the weather. It ,was~topped after you found out about it. After awhile you came
along, and you found out about it. Then it was stopped, but the foundation was
put down, and stopped because it was off due to the weather. So don't shadow
box me, man. In 1987, where you Chairman of the Dog Committee? You said
you was~. · Didn't you say you were Chairman?
COUNCILMAN PENNY: Chairman of the Dog Committee is not Chairman of Buildings
and Grounds, who has the responsibility for the Town buildings.
FRANK CARLIN: Dog Committee, and the Shelter, are we that technical? Is there
a difference there?
COUNCILMAN PENNY: There's a big difference.
FRANK CARLIN: It's a big difference?
COUNCIl-MAN PENNY: The iob of the Dog Pound Committee was to deal directly
with, not the buildings and the structures, but with the Animal Welfare League.
Buildings and structures were dealt with by the Building and Grounds Committee.
Frank, I don't know what you're up to.
FRANK CARLIN: I don't know what you're up to. Like I said, you can't shout
about me, because I know you too well. I got plenty here to show, if you want
me to come over, I'll show you, but don't shout about it.
SUPERVISOR HARRIS: Frank, the Dog Committee is one of the reasons for it's
being put in place, is because there was a contract, still is a contract between
the Town and Shelter, and part of the negotiations, that take place deals with
the Dog Committee.
FRANK CARLIN: I know that. He said it was stopped because the foundation
was off. In fact, Ray Dean was in on,it. He was working on it too, both of
you.
COUNCILMAN PENNY: Mr. Dean was out of office when I got on the Town Board.
FRANK CARl_IN: Not in '86. In '85, he was part of that with you on it.
COUNCILMAN PENNY: I was elected in 1985. I did not take the position.
SUPERVISOR HARRIS: Before we close, I'd like to, also, iust put into the record,
my congratulations that go out to the Mattituck Fire Department. They recently
had an awards dinner for members, that they have in their fire department of fifty
years and over, of which they have seven, and my congratulations go out to them.
Those volunteers, that have been doing the job, and all those individuals, except
one who passed on in May, are still active firemen, and my hat is off to ~l~em,
especially as a volunteer firemen for the number of years, that they put ~n and
continue to put in for the public. A motion to adjourn?
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8.'55 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
~-~-Judith T. Terry
Southold Town Clerk