HomeMy WebLinkAboutTB-10/23/1990126
SOUTHOLD TOWN BOARD
OCTOBER 23. 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV (11:00 A.M.), Councilwoman Ruth D. Oliva, Councilwoman Ellen
M. Latson, Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff(2'~'15r-~
P.M.), Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
9:20 A.M. Planner Valerie Scopaz met with the Board concerning funding of the
Fishers Island Public Water Supply Study. The project cost is $60,000 and half has
been pledged by the Fishers Island Conservancy and the Fishers Island Development
Company. There is a resolution before the Legislature to match the private pledges
with county monies.
9i35 A.M. - Scott Dobriner met with the Board to discuss the proposal to engage his
services a s consultant to work under the supervision of .Cashin Associates on the
completion of the Local Waterfront Revitalization document (see resolution no. 16).
10:00 A.M. - Joanna Gajeck, Executive Director of the Eastern Suffolk School of
Music, met with the Board to request funding for the school. She said that presently
90% of the operating monies come from tuition and local donations, the remainder from
the New York State Council on the Arts and Suffolk County Office of Cultural Affairs.
Funding has been decreasing in recent years and there is a need to approach the local
governments in the area. The Board took the request under advisement in light of
current budget problems.
10:10 A.M. - Assistant Superintendent of Public Works Jim Bunchuck met with the
Board to outline the proposal to provide Hazard Communication/Worker Right-to-Know
information and training to all employees potentially exposed to hazardous materials
during the course of daily work routines, and in Southoid affects only the Highway
Department and Landfill personnel. He has obtained a proposal from BOCES 2 who
will provide the training at a cost not to exceed $1,050.00. The Town Board placed
resolution no. 31 on the agenda to accept the proposal of BOCES 2.
10:35 A.M. - For Discussion Items: (1) Discussed items on previous (10/9/90) agenda.
(2) Appointment of individuals to the Southold Town Dog Shelter Relocation Committee
(see resolution no. 32). (3) Proposed appointment of a School Crossing Guard for
Fishers Island Justice Edwards advised the road in front of the school has been
marked by the Highway Department and at present does the school does not think
a guard will be necessary. (4) Standing Committee functions - discussed when
Councilman Penny arrived. (5) Request of Robert Marshall for a refund of a building
permit fee. Will be researched by the Town Attorney's Office and discussed again
at the November 13th meeting. (6) Councilwoman Latson presented a survey and cost
analysis for the reconstruction of the Gull Pond Bulkhead located at the Norman E.
Klipp Marine Park. Before proceeding bid specifications must be prepared and a bond
resolution adopted to cover the proposed cost. A bond resolution will be presented
to the Town Board at their November 13th meeting, and Superintendent of Highways
Jacobs, Councilwoman Latson and Town Clerk Terry will meet to discuss preparation
of the bid specifications. (7) Letter from William Tut'ano, resident of Camp Mineola
road, Mattituck, requesting amendments to the Federal Flood Map Zones affecting his
area. This request will require research and further discussion as to procedure.
11:00 A.M. Charles Cudd¥, Esq. met with the Board to discuss the proposal of his
client, Russell Mann, to amend his change of zone petition by requesting the Town
Board to consider the petition as either an R-40 or Hamlet Density change while
addressing the SEQR review. Prior to the time of a public hearing a decision can be
made as to which zone they will ask to be considered. The Town Attorney's office
will take this request under advisement.
11:55 A.M. - Venetia McKeighan, Southold Tow, n's Director of Senior Services, met
with the Board update them on her programs. She said the main thing she has been
doing lately is giving advice on planning for long term health care. Southold Town
is considered a role model for the programs offer'ed. In light of the numerous
programs, Mrs. McKeighan said that is imperative that a determination be made as to
whether the Baxter building in Mattituck is suitable for occupancy and use for those
programs. Supervisor Harris will arrange for Engineering Inspector Richter to inspect
the building. If it is suitable, the Town Board must then make a decision on whether
they should enter into a long term lease or purchase the property. ~-
12:45 P.M. - Recess for lunch.
OCTOBER 23, 1990
127
EXECUTIVE SESSION
2:15 P.M~ - On motion of Supervisor Harris, seconded by Councilwoman Oliva, it was
Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, 'Justice Edwards, Councilman Penny, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry. -..
John Halsey and Andrew Johnson of the Peconic Land Trust, met with the Board to
present their proposed concepts for the Cove Beach Estates project.---Following this
discussion the Board set 2:00 P.M., Thursday, November 8, 1990 for a hearing on
a PBA grievance, and discussed matters that are currently in litigation.
$ 00 P.M. - The Town Board audited bills,
5:30 P.M.
Work Session adjourned.
REGULAR MEETING
A Regular Meetin9 of the Southold Town Board was held on Tuesday, October
23, 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 of the Flag.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry ._..."
Town Attorney Harvey A. A_r_,noff
SUPERVISOR HARRIS: We need a motion to approve the bills of October 23, 1990.
Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the' am--~'-~t of $143,183.32; G~neral Fund, Part Town
bills in the amount of $47,873.36; Nutrition Fund bills in the amount of $900.00;
Adult Day Care bills in the amount of $100.00; Home Aide Program bills in the
amount of $132.00; EISEP Program bills in the amount of $153.20; Highway Fund,
Whole Town bills in the amount of $19,903.93; Highway Fund, Part Town bills in
the amount of $37,632.29; Capital Projects Account bills in the amount of $64,000.00;
Open Space Capital Fund bills in the amount of $928.00; Computer Capital Account
bills in the amount of $2,224.90; Fuel Tank and Police Building bills in,the amount
of $1,092.00; Employee Health Benefit Plan bills in the amount of $54,493.30; Fishers
Island Ferry District bills in the amount of $78,909.55; Southold Wastewater District
bills in the amount of $828.00; Fishers Island Sewer District bills in the amount
of $194.05; Southold Agency & Trust bills in the amount of $4,547.61; Fishers .
Island Ferry District Agency & Trust bills in the amount of $442.27.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting of
October 9th, 19907
Moved by Councilwoman Latson, seconded by Councilman Penny, it was
RESOLVED that the minutes of the October 9, 1990, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Special Town Board
meeting of October 10, 19907
Moved by Councilwoman ~-atson, seconded 'by Councilman Penny, it was
RESOLVED that the minutes of the October 10, 1990, Special Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1 2 8 OCTOBER 23, 1990
SUPERVISOR HARRIS: Setting October 26, 1990, a Special Town Board meeting~'
Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that a Special Meetinc. I of the Southold Town Board will be held at 3:00
P.M. Friday, October 26, 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: The next recjularly scheduled meeting date of the Town
Board will be November 13, 1990, at 7:30 P.M. I need a motion on that·
Moved by Councilwoman Latson, seconded by Councilman Wickham, it was
RESOLVED that the next regular meetin9 of the Southold Town Board will be held
at 7:30 P.M., Tuesday, November 13, 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.
!. REPORTS.
2.
3.
4.
5.
6.
7.
11. PUBLIC
Lawrence Healthcare PBA Benefit Analysis Report, September, 1990.
Supervisor's Monthly Budget Report, m6nth ending September, 1990.
Southhold Town Trustees' Report for September, 1990.
Southold Town Justice Price's Monthly Report for September, 1990.
Cablevision Monthly Report for September, 1990.
Councilmen's Report. ----
Supervisor's Report .....
NOTICES.
1. N.Y. State Department of Environmental Conservation, Notice of Complete
Application of Anthony Imbriano to construct a 10" diameter well with a pump
capacity of 400 gallons per minute. The wel~l is to used for farm irrigation purposes
only. This project is locate at Main Road, Cutchogue, Town of Southold.
i11. COMMUNICATIONS.
1. Donna P. Galasso, Manager Traffic Safety Service, Automobile Club of
New York, Inco in regard to an award to the '
community for it s efforts and concern
4.
5.
6.
Fees".
for pedestrian safety.
I~."-pu BLIC ' HEARI NGS.:
2. "8:02 P.M., "A Local Law in
3.' 8:05: P.M., "A Local Law in
8:07 'P.M., "A Local Law in
8:10 P.M., "A Local Law in
8:15 P.M., "A Local Law in
Relation to Dogs".
Relation to Peddling and Soliciting Fees".
Relation-to Shellfish Permit Fees".
Relation to Landfill Permits".
Relation to Parking at Beaches Fee".
Relation to Garbage, Rubbish and Refuse
V. 'RESOLUTIONS.
SUPERVISOR HARRIS: We have a number of public hearings tonight, that we'll
be starting at 8:00 o'clock.. Before we get into the public.hearings, we'll go out
to the audience to any members, that would like to talk about any resolutions,
.that ~.we_have:.on.~he__a, genda for tonight, strictly on the resolutions at this time.
(No response.)¥"Hearin9 none, will you start the resolutions, please?
1.-.Moved by_Council.w, oman Oliva, seconded by Councilwoman Latson, it was
RESOLVED` theft the'~pplication of the First Baptist Church of Cutchoc~ue for renewal
'of their-sincj'le family house trailer permit, for trailer located on the church property
on the north side of Middle Road (C.R. NS.), Cutchogue, which permit expired on
October 14, 1990, be and hereby is c, tranted for a six (6) month period.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oiiva, Councilman Penny, Justice Edwards, Supervisor Harris.
This reso~lution'was-;declared duly ADOPTED. -"
2.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the application of Ange & Barbara Boursiquot for renewal of their
single family house trailer permit, for trailer located on private road off of the
north side of Main Road, Mattituck, which permit expires on November 4, 1990,
be and hereby is 9ranted for a six (6) month period.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris·
This resolution was declared duly ADOPTED.
OCTOBER 23, 1990
3.-Moved by Councilwoman Latson, seconded~bi¥~/;SUpe~visor H_arris, it was
RESOLVED that the Town BOard of the T0wn~0f Southold hereby appoints Edward
Scroxton to replace John Przyborowski as a member of the Southold Town Council
on Veteran's Affairs, representing the A. R. Grebe American Legion Post No. 10~,5,
Fishers Island, effective immediately through December 31, 1990, he to serve in
said position without compensation.
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.
129
4.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Principal Account Clerk John Cushman, and Insurance Consultant William F.
Mullen, Jr. to attend the New York State Department of Civil Service sponsored
Regional Meeting on the Empire Plan, to held from 1:00 P.M. to 4:00 P.M., on
Wednesday, October 31, 1990, at the Riverhead Town Hall,.Riverhead, New York,
and the use of a Town vehicle for travel is hereby authorized.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Lump Sum Consultant Agreement
for the preparation of an Airport Property Map for Elizabeth Field Airport, between
the Town of Southold and Calocerinos & Spina Engineers, P.C'., at-'a total Agreement
amount of $15,804.00, which amount is consistent with_~he monies budgeted in the
Federal Grant Agreement for the project; all in accordance with the terms and
conditions of the agreement as approved by the Town Attorney.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $25.00 to enable Recreation Director Kenneth
Reeves to attend the Suffolk County Youth Services Training Symposium on November
16, 1990; check made payable to S.C.Y.S.P.D.A., Inc., and charge made to
A7020.4, Recreation Administration, Contractual Expenses.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignation of Mildred M. Coveleski, EISEP Aide, effective October
10, 1990.
7.'-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Sophie T. Saunders for renewal of her single
family house trailer permit, for trailer located on the north side of Main Road,
Laurel which permit expired on October 7, 1990, be and hereby is 9ranted for
a six (6) month period. ~
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Trius, Inc., in the amount of $7,420.0.0; for supplying the Town with one (1)
Accurate Industries Model 60 Baler, as well as the optional oil heater - 2000 watt
with thermostat and fused, at a cost of $361.00, all in accordance with the bid
specifications.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1990 Budget:
To: A904(].8 Worker's Compensation ~ 5,200.00
From: A9060.8 Hospital & Medical Insurance $ 5,200.00
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.
1 3 0 ocToBE. 23, 1990
11.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 budget modification to the Fishers Island Sewer District:
To:
Revenues
SS2.2129
SS2.2401
Appropriations
SS2.8160.4
11.-Vote of the Town Board:
Unpaid Sewer Rents
Interest & Earnings
$ 1,102.50
131.14
Refuse & Garbage, Contractual Exp. $ 1,233.64
Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. ,
12.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ 1990 Budget modification to the General Fund - Part Town:
To: B8010.4 Zoning, Contractual Expenses $ 3,000.00
From: B1990.4 Contingent, Contractual Expenses $'3,000.00
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwom~ Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwar~ Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to PoliCe Officer Beth Wilson to attend the interview for Drug Abuse Resistance
Edu~oation (DARE) in Albany, New York, on October 24, 1990, and to attend the
training course for the DARE Program at Saratoga Springs, New-York, from November
26, 1990 through December 7, 1990, and the $500.00 tuition for the training course,
and necessary expenses for meals and travel, including the use of a Town vehicle,
shall be a legal charge against the 1990 Police Department Budget.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED. . ~.- :: ,~
14.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
placement of.a street liqht on Pole No. 2 at Anglers Road, Greenport, all in accord-
ance with the recommendation of Superintendent of Highways Jacobs.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-M~J-ed'b~/ Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints the
following individuals to the Southold Town Tree Committee, effective September
22, 1990 for a one (1) year term-~to September 22, 1991, they to serve in said
position without compensation:
Edward D.' D~rt, 'Chairman
Margaret D. Murphy
Ronnie Wacker
. .~.... Daniel E. Letteriello ,,~-,.,:~
Ural Talgat
D6nald Wilcenski
........ Raymond L Jacobs, Superintendent of Highways - ex officio member
Antonia S. Booth, Historia.n - ex officio member'
l$.-Vote of the Town Board'.' Ayes: Counciln~an Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
': LAM~ND_ED~:!_O,/26/90 by Resolution # 2 ....... - ...........
16.-Moved .by Councilwoman Latson, seconded by C0~n~iYwor~'liv~'~'"i"l~ Was' ' '
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Scott B. Dobriner as an independent contractor to work under the
supervision of Cashin Associates on the completion of the Local Waterfront Revital-
ization document, effective October 25, 1990 through December 28, 1990, at a sum
not to exceed $3,000.00, all in accordance with the agreement to be,prepared by
the Town Attorney.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the application of David S. Horton and Gerry S. Horton for
renewal of their watchman trailer permit, for trailer located at Kirkup Lane, Mattituck,
which permit expires on November 7, 1990, be and hereby is 9ranted for a six
(6) month period.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
131
OCTOBER 23, 1990
18.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Cutchoque Fire Department to use Depot I~ane and New Suffolk Road (from
the Cutchogue West School to the Cutchogue Firehouse)., on Wednesday, October
31, 1990, beginning at 6:00 P.M., for their annual Halloween Parade, provided
they secure and file with the Town Clerk a certificate of insurance for at least
one million dollars naming the Town of Southold as an additional insured.
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.
~9;-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Engineerin9 Inspector James A. Richter to attend a Geotextile Engineering Work-
shop, presented by the Cornell Local Roads Program, and sponsored jointly by
the Federal Highway Administration, the New York State Department of Transportation,
and Cornell University, on Tuesday, November 13, 1990, at BallstOn Spa, Saratoga
County, New York, and the necessary exoenses for tr-~/~l, meals, lodging, and
$20.00 registration fee shall be a legal charge against the 1990 Engi~,ering .~.
Budget.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town Of Southold hereby accepts the bid
of Maior Materials, Riverhead, in the amount of $6.75 per yard for 1,500 yards,
(more or less as may be needed) for supplying the Southold Town Highway Department
'with Screened Sand for snow and ice control, all in accordance with the bid sPecifi-
cations.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
--~21.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold here by authorizes and
directs Supervisor Scott L. Harris to execute a Grant of Open Space Conservation
Easement between the Peconic Land Trust (Grantor), Joyce P. Terry (Life Tenant),.
New York State Department of Environmental Conservation (Grantee) and the Town
of Southold (Owner of Development Rights), for the property which lies directly
north of Orient Beach State Park and is separated from it by Little Bay, in order
to "protect, maintain and enhance the natural qualities of the Hallock's Bay tidal
wetland resource."; all in accordance with the terms and conditions of the agreement
as approved by the Town Attorney.
21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that consent is hereby given to Raymond L. Jacobs, Superintendent
of Highways of the Town of Southold, to abandon a portion of Indian Neck Lane
that extends to the southerly side of Indian Neck Road, said highway has not been
traveled or used as a highway for six and more years prior to the date hereof,
and is hereby declared ~bandoned pursuant to Section 205 of the Highway Law
as a highway and a public right of way. Said abandoned highway, as shown on
a certain map entitled "Survey for Patricia Marco", dated March 2, 1990., said property
is located on the Suffolk County Tax Map as a portion of the parcel numbered 'at
1000-9-1-5.3 and is described as follows: All that certain plot, piece or parcel
of land situate lying and being in the Town of Southold, Suffolk County, New York,
bounded and described as follows: BEGINNING at a point on the westerly side
of Indian Neck Lane where the same is intersected by the division line between
'land now or formerly of John Pontino and land now or formerly of Patricia Phillips
Marco; running thence from said point of beginning nor. therly and easterly through
the bed of Indian Neck Lane and the bed of Indian Neck Road the following two
(2) courses and distances: (1) North 53 deg. 34 min. 30 sec. East 12.41 feet;
(2) on a curve to the left with a radius of 119.90 feet a distance of 183.16 feet
'to the southerly side of Indian Neck Road; Running thence South 78 deg. 11 min.
30 sec. West along the southerly side of Indian Neck Road 170.31 feet to the
westerly side of Indian Neck Lane; running thence North 7 deg. 54 min. 00 sec.
East along the westerly side of Indian Neck Lane 116.37 feet to the point or place
of beginning.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards,-Super.visor Harris.
This resolution was declared duly ADOPTED.
132
OCTOBER 23, 1990
23.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was --
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Principal Account Clerk John Cushman and Supervisor Scott L. Harris to attend
the Suffolk County Comptrollers' Association Luncheon Meeting at 12:00 Noon, Friday,
November 9, 1990, at Bohemia, New York, and the use of a Town vehicle for travel.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Justice Edwards, seconded by Supervisor~Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinsl budBet modification to the General Fund '- Whole Town 1990 Budqet for
the transfer of monies from the Park & Playground Accoun:t to the General Fund
for work at the Laurel Lake Park:
To;
Revenues:
A2025 Special. Recreation Facility ..... $ 2,396.20
Appropriation s:
A7110.2 Parks, Equipment $ 2,396.20
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 1990 Budqet modification to the General Fund Part Town:
To: B9040.8 Workers Compensation $ 9,500.00
From: B1990.4 .... ..... .~ Contingent, Contractual Exp. $ 9,500.00
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 Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following 1990 budqet modification to the Highway Fund Part Town:
To: DB9040.8 Workers Compensation $ 4,000.00
From: -DB9060.8 ...... .Hospital & Medical Insurance $ 4,000.00
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 Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the twon Board of the Town of Southold hereby authorizes the
following budc~et modification to the General Fund - Whole Town 1990 Budget:
'' A5650.I 'Off'Street Parking, P.S.
A7110.1
.. A7110.4
A8160.4
:'.A8830; 1
A9050.8
FFom':
A1010.4
A1620.2
A3610.4
A5650.4
~.~ .~'~A6772.4
','~ ~A7145.4
': '"A8030:4
· A8160.2
"A8540.4
A8830.4
A9010.8
A9060.8
27.-Vote of the Town Board:
Parks, P.S.
..Parks,,..C.E.
Refuse & Garbage: C.E.
Shellfish, P.S.
Unemployment Insurance
Town Board, C.E. ''
Buildings & Grounds, Equip.
Examining Boards, C.E.
Off Street Parking, C.E.
Programs for The Aging, C.E.
Joint Youth Recreation, C.E.
Research, C.E.
Refuse & Garbage, Equipment
Drainage, C.E.
Shellfish, C.E. ' '
NYS Retirement
Hospital & Medical Insurance
Ayes: Councilman Wickham,
$ I15.00
7,100.00
2,000.00
80,000.00
248.00
' '~"f~7,000.00
$20,000.00
2,900.00
3,OOO.OO
7,115.00
1,400.00
1,900.00
2,000.00
15,000.00
248.00
2,900.00
30,000.00
Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED taht the Town Board of the Town of Southold hereby authorizes a chan(~e
of hours for Pamela Babcock from 35 hours per week to 32 hours per week, at
$6.71 per hour, as Coordinator of EISEP, Outreach Worker for the Nutrition
Program, and Supervisor of the Day Care Program, effective October 22, 1990.
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.
OCTOBER 23, 1990
29.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints and
appoints the followin9 individuals to the Southold Town Substance Abuse Committee,
effective October 24, 1990 through October 24, 1991, they to serve in said position
without compensation;
Jean W. Cochran, Chairperson
Donna Wallerstein-lglesias
Kevin J. Lynch
Beth Wilson (new)
Thomas Rabbitt
Kathleen McKeighan-Simpson
Dr. Rory Simpson
Myles Schneider
Dr. Helen C. Price
Elizabeth MacNish
Cynthia Kumelos (new)
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edward~s~. Supervisor Harris.
This resolution was declared duly ADOPTED.
133
30.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby ~iuthorizes the
following budget modification to the General Fund - Whole Town 1990 Budget:
To: A1355.4 Assessors, Contractual Expenses $ 5,000.00
From: A9010.9 NYS Retirement $ 5,000.00
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the pro-
posal of BOCES 2 for providin9 employee Right-To-Know/Hazard Communication
Standard Training for Southold Town employees, at a cost not to exceed ~1,050.00
_ (6-8 staff: $500.00; 25 staff: $1,050.00).
,--!~l.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
following individuals as members of the Southold Town Dog Shelter Relocation
Committee, effective immediately, to serve without compensation:
Scott L. Harris, Supervisor, Town of Southold
Ellen M. Latson, Councilwoman, Town of Southold
Mildred Boyce, President, North Fork Animal Welfare League, Inc.
William Cremmers, Director, North Fork,Animal Welfare League, Inc.
Adolph Westerlund (Theresa Westerlund - alternate) i'esidents
Diane Droskoski, Resident
AND BE IT FURTHER RESOLVED that the Dog Shelter Relocation Committee shall
submit their report to the Town Board on or before November 27, 1990.
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.
33.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Special
Counsel Richard J. Cron tO settle the Tidal Properties Inc. v. Assessors tax
certiorari proceeding at the settlement aareed upon by the attorneys for the petition,
the Town Assessors, representatives of ~he Real Property Tax Service Agency,
as well as numerous conferences with Justice Cromary of the Supreme Court.
~3.-Vote of the Town Board: -Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penn,/, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
34.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby sets 2:00 P.M.,
Thursday, November 8, 1990, Southold Town Hall, Main Road, Southold, New York,
as time and place for a hearin.g with rec;lard to a Police Contract Grievance:
Sergeants R.D.O. Time Off.
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1 3 4 oc -oB 19 0
35.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold on
the 10th day of October, 1990, a proposed Local Law entitled, "A Local Law in
Relation to Change of Zone Petition Fees"; and
WHEREAS, said proposed Local Law was refered to the Southold Town Planning
Board and the Suffolk County Department of Planning for their recommendations;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, November 13,
1990, Southold Town Hall, Main Roadw Southoldw New York, as time and place for
a public hearinc~ on the aforesaid proposed Local L~w which reads as follows, to
wit:
A Local Law in Relation to Change of Zone Petition Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-291 (Fees) is hereby amended ~o--.~ead as follows:
Every petition for a change or amendment to this chapter or the
Zoning Map shall be filed with the Town Clerk and shall be
accompanied by a fee of one thousand dollars ($1000.). The fee
for a petition for a change of zone to Affordable Housing
District are set forth in Section 100-$5(B)(5)(g).
II. This Local law shall take effect upon its filing with the Secretary of State.
35.-Vote of the Town Board: Ayes: Councilman Wi~:kham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: That finishes up our regular business, as far as resolu-
tions go. We go into public hearings at 8 o'clock by law, but before that I will
now go out to the audience to ask any individual, that would like to present to
this Board any information, that they may feel is important, that we should know
about, and I'll start on the right side of the room, and we'll work --~cross. At
' 8 o'clock we will recess, go into the public hearings, and then we will go back
into the public portion, again. So, let me start on the right side. Anbody who
would like to address the Board on any matter. Yes? Would you state your name
for the record?
WARREN GOLDSTI~iN: I'm Warren Gold$1~ein. I'm the Executive Director of the
North Fork Environmental Council. Ladies and gentlemen, members of the Town
Boardr as you know the North Fork Environmental Council has been involved for
nearly twenty years in the effort to protect and shape the environment of the North
Fork. We're before you tonight to propose a course of action for the Town of
Southold, that we think will do three things. One, it will protect the Main Road
in Mattituck from becoming a fast food alley. Two, it will maintain the rural char-
acter of Southold Town, and three, it will give the citizens of Southold Town a
direct hand in shaping the future development and character of the Town. Specifi-
cally, tonight we propose the following. That the Town Board enact a temporary
freeze on the acceptance of all commercial development applications in the business
B district,' as found in Article 10, Sections 100-100, and 100-101, including permitted
uses, and uses I:/ermitted by special exception of the Southold Town Code. In
that district,' we would the Town Board to enact a temporary freeze on the
acceptance of all commercial development ~.lZ~plications in the general business lB
district, which extends in Mattituck from 'the intersection of the Long Island Railroad
trestle on Route 25, west to the intersection of Route 25, and New Suffolk Avenue
in the east. Two, we propose the Southold Town Board appoint a task force to
study this district, and make recommendations for appropriate commercial development
in the district, that would enhance the economy, and character of Mattituck, and
therefore all of Southold Town.' Three, we propose that this task force be composed
of representatives of the Southold business community, Town Board, and Planning
staff, the North Fork Environmental Council, and other concerned citizens. We
respectively request that the Town Board take immediate action on these proposals.
By making this proposal to the Town Board, the North Fork Environmental Council
is doing precisely what Town Board members, and many Southold Town residents
have requested of us, that we make positive proposals that will assist public officials
in shaping the future character of this town. Southold Town needs to have economic,
and environmental intregrity. It, also, needs to have the full participation of the
people, who live and work in this town. The task force, such as we propose tonight,
will do just that. It will stop the process of unplanned, chaotic sprawl. It will
have Route 25 in Mattituck end up looking like Route 58 in Riverhead, or worse,
Route 25 in Seldon, Coram, or Centereach. We, also, hope that such a task force
can serve as a model for citizen participation in the process of democratic planning.
The issue is not just about one restaurant. What this issue is about is the nature
OCTOBER 23, 1990
135
of Mattituck, and therefore Southold Town, and the kind Of leadership, that going
to be exercised by you folks, as elected representatives of the residents of Southold
Town. What kind of actions, you're going to take, now, and can do tonight, to
protect the character of Southold Town, and to help shape the development of that
area of Mattituck, and by extension, all of Southold. Thanks very much.
SUPERVISOR HARRIS: Is there any members of the audience on the right hand
side, that would tike to speak to the Town Board? (No response.) If not, is there
anybody in the middle section, that would like to speak to the Town Board on any
issue? (No response.~ Left hand side?
RONNIE WACKER: Ronnie Wacker from the North Fdrk Environmental Council,
and I feel that we should not be hostage in our Town to an industry, that we don't
want, and I would say 80% of the people in town, (~on't want it. I've heard many
members of the Town Board say, they don't want it. People in the street, and
business say, that they don't want it. It will have an economic impact, it will
have an environmental impact. Ail these impacts will be detrimental, as far as
it is possible to see, and I think it's just too bad, that this our home, and we
feel, many of us, that we have to accept somebody, that~-we feel is not the most
desirable participant in the family business. It's too bad, that we can not find
a way. If I am at home, and somebody want to come to my house, I can jolly well
find a way to keep him out. I can find a way to say, no, I don't want you to
come in, and I think that as a town, we all have to work together to'find a way
to say, no, because these people, or these industries, will not be amicable to our
way of life, I think we can do it. They don't have a special permit yet. We can
say, we will not grant such a permit for this kind of business, . but we have to
have the will to do it. I think that that is there. Thank you.
DEBBIE SlDOSKI: My name is Debbie Sidoskis, and while I was waiting for the
meeting to begin tonight, I was looking at the beautiful quilt in the lobby. There
are a lot of beautiful things on there, but I didn't see one strip mall, one fast
food restuarant. I don't think that's what any of us want in Southold Town, and
I don't believe that there isn't a loophole somewhere, that someone knows about.
:1 don't, but it's not my job to know those loopholes. I think it's important, that
the Town Board, you the Town Board members, the Planning Board, the Zoning
Board, I think you'd better find a way to appease the citizens. You know, I've
been down a couple of times to look the file in particular on McDonald's, but this
issue goes way beyond McDonald's. I don't really know exactly what I'm looking
at. I'm told that the application is complete. I'm told the application is not complete,
because they don't have the application for the special exception,:.and~,~et I think
we need some honest answers, acurate answers, and I think something should be
done real soon, like in five, ten minutes. Thank you.
SUPERVISOR HARRIS: Thank you. At this time, we'll go into our regularly
scheduled public hearing on local law changes, i need a motion to recess.
Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that a recess be called at this time, 8:00 P.M. for the purpose of
holding 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. '
Reconvened at 8:40 P.M'
SUPERVISOR HARRIS: At this time, we'll go back to our general session. Is
there any member of the audience, that would like to address this Board in any
matter? Yes, sir?
'BRUCE ISAACS: My name is Bruce Isaacs, and I'd like to read a quote, that
appeared in the August 23rd issue of Suffolk Times, and also, it was in the Matti-
tuck Watchman. It says, what Supervisor Scott Harris says, that he is with those
who oppose McDonald's. I don't want to see them here either, but t'here's nothing
I' can do about it, said the Supervisor on Monday afternoon. Well,
given you a way to do something about it, if you're really sincere, tonight we have
and I would
like to poll the Board at this time, and see how they feel about our proposal tonight.
SUPERVISOR HARRIS: Town Attorney Harvey Arnoff would like to address the
audience.
1 3 6 OCTO.ER 23, ,990
TOWN ATTORNEY ARNOFF: Mr. Isaacs, there's been a .recent case decided by
the Court of Appeals in the State of New York, that prohibit public officials from
making statements, public statement in regard to pending applications, their personal
feelings outside the ambient of their..there's no resolution before this Board. There
is no matter before, which they can vote on. They're making public statements
for or against it, that might preclude them from sitting in judgement of an applica-
tion, or one to come before them. I'll be glad to give you the citation of the case,
if you'd like. I don't have it with me. You're welcome to read it. As a matter
of fact, I can tell you what it involved. It involved the Commissioner of the State
Liquor Authority, who sat in judgement on the bar, which Richard..l think his
name was Chambers, the Chambers murder case drank at, and he went before a
Senate hearing, and he says, well, everybody knew that they were serving teenagers
in there, and then he subsequently sat at the hearing on the revocation of the
license. The mere fact that he made that statement caused him to be disqualified
in accordance with the rule of the Court of Appeals. In other words, these public
officials are, now, held to the standard of disinterested observor. That is the
quotation from our highest court, and that's what they must abide by. Now, as
far as polling the Board, I don't think it's appropriate, especially when there's
a pending application by McDonald's right now. ~
BRUCE ISAACS: There's no pending application. As I understand it, it's not
complete, so therefore there is no application.
TOWN ATTORNEY ARNOFF: That's a question of whether or not it is complete.
There's application, preliminary site plan approval in the Planning Board. That's
all I know at this point.
BRUCE ISAACS: There's no complete application, therefore there is no application
according to our attorney.
.TOWN ATTORNEY ARNOFF: That may be a subject, which our Courts will have
to deal with, but at this particular juncture, as far as I'm concerned, that's what
it is.
BRUCE ISAACS: It sounds like a bunch of goobly gook to me. i'm not a lawyer,
-and I'll say this, 'we're not going to forget this, or go away, and we're not going
to allow the Town Board to sit on this, which is probably what they would like
to do. We want an answer, yes or no. Is this proposal good, or not? If not,
we're going to come back with another one. We're not going to go away, and I
think that you owe it to the people of this community, which a small sample is here
tonight, to act on this, one way or the other, up or down. Vote it out. Let us
know how you feel. You said it. I quoted you tonight. Mr. Arnoff, what about
Mr. Harris' quote in the paper? Would that qualify?
TOWN ATTORNEY ARNOFF: It may very well may disqualify Mr. Harris from sitting
in any hearings. That's correct, and I don't want the rest of the Board to be
placed in a similar situation, sir. That's correct.
SUPERVISOR HARRIS: Mr. Isaacs, I stand on the record. I stand where I have
for the last two months, since this application has been presented. I personally
am against the application of McDonald's, or any other fast food operation. I stand
on that. I've said..it, time and time, -again,- but according to the law, according
to constitutionality, according 'to due process, and civil rights, any application
that comes before the Board is entitled to that process, whether it's McDonald's,
~KYZ Corporation, but personally I stated,-.and I have no problem stating it again,
that I'm personally againgt it, and I will stick with that all of the way through.
BRUCE ISAACS: And we claim there is no application at this point.
SUPERVISOR HARRIS: We appreciate your concern on that, and the application..
the information that was provided to us by Mr. Goldstein tonight, we will certainly
address What he has proposed to us in the future. We certainly appreciate the
comments, that he has brought forth to us.
BRUCE ISAACS: And will there be a vote on it? Will the Town Board decide, yes
or no, on this proposal?
SUPERVISOR HARRIS: We will discuss what the merits of his~documentation$, that
he presents.
BRUCE ISAACS: Once again, to a layman, it sounds like a bunch of goobly gook,
that you're not going to do anything.
OCTOBER 23, 1
TOWN ATTORNEY ARNOFF: Sir, you can't expect a Board,that when anytime anyone
comes before it, can immediately drop everything, and'sit in judgement on what
you want. What Mr. Harris is saying to you is, we will certainly take under --
advisement what Mr. Goldstein has given us this evening, and at that point the
Board will make a determination one way or another. A, whether they feel that
it's an appropriate subject for resolution, and B, if they do then they will certainly
each act independently, and believe me they do act independently, in determining
whether or not, they're for or against that resolution. I think that states it. The
Town Attorney's Office generally is responsible for the drafting of most resolutions,
that come before the Board, and predicated upon that, I think that perhaps, I
don't know if at the next regular meeting, that's certainly up to this Board to
determine, whether or not a resolution of this nature will be placed upon the
agenda.
COUNCILWOMAN LATSON: I think what this gathering is:saying to the Town Board,
as a whole, is that we're !ooking at our commercial districts, and we know that
there are other areas for potential development, that will allow fast food restaurants, -
because this one is now coming in, and what you're asking the Town -Board to do,
is take a look at the particular zonings within the tow.~,--as a whole, and Mattituck
hamlet area, so that the rural characteristics and ambiance of the town isn't lost,
and you're asking the Town Board to take under consideration all they can do to
insure, that that integrity is preserved for the future.
BRUCE ISAACS: We propose that the citizens get involved, and not just the Town
Board. We need more citizen involvement, and I think that's an important part
of this proposal. I'll let somebody speak.
SUPERVISOR HARRIS: Thank you, Mr. Isaacs. Yes?
SHIRLEY BACHRACH: Shirley Bachrach. Southold. I'think that many of the
problems, that you're facing tonight would have been settled ten years or more
ago, if the Master Plan had been tightened up early on, so that you're not faced
with this problem now.
SUPERVISOR HARRIS: Thank you. Would you state your name, again, please.
DEBBIE SIDOSKIS: Debbie Sidoskis. I just want the answer to one question,
and that is, is the application complete, or is it incomplete, without the application
for the special exception? Can anyone answer that? Nobody seems to know.
TOWN ATTORNEY ARNOFF: There's no final determination by the.Planning Board,
as to whether the application is complete or incomplete. There's been correspondence,
by the Planning Board to a representative of McDonald's indicating that certain
things are incomplete in the application. I don,t know, and I sitting here telling
you, i do not know, that letter was dated October 19th. Whether that matter has
been changed, and the application is not complete, is not something that I know,
but I will certainly assure .you, that if you'd like to call my office tomorrow morning,
one of us, either myself or Mr. Kiernan, will try to determine for you, whether
the application is complete, or you can call the Planning Board yourself. Certainly
it's a matter of public record.
DEBBIE SIDOSKIS: Okay. Thank you.
SUPERVISOR HARRIS: Thank you. Yes~
SHELLY SCOGGIN: My name is Shelly Scoggin. i'm a mother. ! have two children.
I would like to talk about the nutritional value of McDonald's, but I won't. I can
talk about all the garbage it would create, but I won't. I'm also a business owner.
The people, that come into my store, especially the summer people, spend a lot
of money, and what they say is, it is so beautiful out here. We love it. The
vineyards are really picking up, and now it's fall and the pumpkins are so gorgeous.
They just drive for the day, even if they don't stay for a long stay. They come
out, 'and spend their money. If it starts to look like Rocky Point, they're not
going to come out here anymore, and we're all going to .be hurt. So, I just hope
that you take that into consideration.
SUPERVISOR HARRIS: Thank you. Sir?
STEPHEN GRASECK: My name is Stephen Graseck. · I'm a Southold resident of
about five years. I used to live in a town of Lindenhurst, village of Lindenhurst,
Town of Babylon. Thirty-five years ago we were the third house on the block.
Now, if I visit again, there's probably eighteen of 100 foot lots. There were no
fast food restaurants. There are now more than I can name. Okay? There's
probably a dozen within a quarter of a mile in one section-of the town, where I
used to bike ride through the woods. I moved out here, because I love it out
here. As Shelly said, people come out here because they love it. They ~'t
want_to come, and say, oh, the golden arches, even though the architectural review
138 OCTOBER
says, there's not going to be any golden arches. I don't .have anything against
McDonald's. It's just the fact that people come out he~e, I come out here. I live
out here. It's a beautiful place. We want to keep it that way, and I think, just
a show of hands, that everybody here shows hands against McDonald's. If this
is any indication of the entire town. We ¥ote you. Please, let's have some kind
of community action here. Thank you.
SUPERVISOR HARRIS: Thank you. State your name, please.
ELAINE VELLONA: Elaine Vellona. Mattituck. I think that we have lose of
communication here. I think the town and it's people, and if you people want to
be reelected, you'd better start communicating. It goes in a lot of areas, and
this is one important one.
SUPERVISOR HARRIS: Is there anybody else, who would like to speak?
WARREN GOLDTEIN: My name is Warren Goldstein. i'm Director of the NFEC.
I want to be clear about what we're talking about here, because there'are a number
of different issues all at once circulating around here. There's a lot of public
sentiment against this particular fast food drive-in res'~rant. But, there's also
a lot of sentiment here about..we talked about the future of Southold Town, so
that the proposal that we're making to the Town Board tonight, is not about a
particular application, which is incomplete, and therefore not really pending. The
proposal that we're making here tonight, is about how to treat that area, that
business zone in Mattituck. How should we look at it? How should we look at
the future of that area of the town, and how should we be thinking about the
future of other areas of the town? That's why we came here tonight with this
proposal. We've heard a lot of people say, we're looking for a way out of this
one, and that would be great, but it's more important than just a way out. It's
a way into something. It's a way into a process, a democratic process, a public
process, a sharedprocess of planning in the town. That's something, that we think
you can talk about. That's something, you can begin to discuss now. This doesn't
disqualify you from future discussions. That's something on all of your minds.
That's something on the minds of people here, and on the minds of people in the
town. It's not only NFEC, that writes letters to the newspaper about this issue.
Many of you were at the Planning conference about a month ago, or so. You saw
all the people there. You saw remarkable cross section of people. I have never
seen such an exceptional cross section of people,from a town, coming together to
talk about issues that effect everyone there. Issues that are not only about what's
just on the plate now, but what's going to be on the plate for the Town Board,
and it's residents, ten or twenty years from now. One of the speakers,at that
planning conference, talked about how McDonald's is really a little issue, and in
some ways he said, maybe we should be sending a thank you letter to McDonald's,
because it's almost been like kind of wake-up call. If this is what the world is
saying to Southold, we want to come in. We want to change the character of the
town. The market would like to change the character of your town. In some ways,
we ought to be grateful, that this issue has now been posed in such an intense
way, and that's why we're coming before you with this proposal. This is a chance
to stop unplanned sprawl. Someone was talking about people, that come out to
her store in the summertime. We were actually thinking today, you know, what
would people say to each other, if there about to go on a weekend trip? Let's
all take a drive o. ut to Centereach? Let's all take a drive out to Middle Island?
That's what Southold could look like in ten or fifteen years, if this opportunity
is not seized now. That is within your grasp. That's something you were elected
to do, and something that you even want to do, so please, do it. Thank you.
SUPERVISOR HARRIS: Councilman Wickham?
COUNCILMAN WICKHAM: In the interest of communication between the Town Board,
and the people of the town, I'd just like to venture a few comments. First of all,
I think the Town Board will take very seriously the proposal that's been put in
front of us. I think many of us, who are concerned about planning and zoning
in the town, and virtually everyone of us on the Town Board is vitally concerned
about that, and i might add, we share the objectives and concerns,, that have been
aired here this evening, everyone of us. I think I can say that with assuredness
it will get a sympathetic, and a serious consideration. But I have to say, it's
really impossible for a Board like this to give that kind of consideration to a
document, which we haven't even seen yet, I still haven't got, actually in writing
in front of me. If you could see how the Board tears apart every docum~.nt, that
we look at. Pull it apart in six different directions, and hopefully put it together,
again, in one that we can all support, and pass. That's more or less, as the Town
Attorney indicated, that's more as how we operate. I'm quite confident, that the
Board will give serious and mature consideration to that proposal, and it's an ,excellent
proposal. That doesn't mean that we're all going to vote for it in exactly the
language it's in, and we shouldn't. But we're grateful that it has been t~resented.
OCTOBER 23, 1990
I think- it can have quite a significant value to the town, and I might just add,
that last week, I was in Southampton. I found that Southampton recently undertook
a special study of the Water Mill hamlet, the Water Mill hamlet area, just the business
area of the hamlet. That special study, which was also done, not only internally,
but with external help, in a committee comparable perhaps, perhaps, I'm not quite
sure, but to the task force has been recommended, that study became a seminal
part of the planning process for the South Fork, for Southampton, and they're
now considering comparable hamlet studies for other hamlets of the South Fork.
I think the proposal for one in Mattituck makes a lot of sense. I think it's timely.
It doesn't mean that the Board is going to adopt it exactly the way it's been
presented, and certainly not tonight. But I think it's ah valuable contribution,
that will be taken serio, usly.
SUPERVISOR HARRIS: Councilwoman Oliva?
139
COUNCILWOMAN OLIVA: I believe your proposal for the hamlet study was, also,
based on the Wading River hamlet study. Was it not for their strip-zbning? There
was a study done there, that kind of deliberated what__s.l~ould be there, and what
not should be there, and from the time of the Master Plan's inception, I have
certainly been very concerned about strip zoning, and it's effects. In fact, I didn't
vote for the Master Plan for that reason. I didn't feel that these areas were
adequately addressed. ! think it is time, especially spurred on by the Planning
Conference, that we start looking at these different areas of town, and how best
that we can preserve the integrity of the hamlet areas, and not just see a row
of these fast food restuarants, or what have you, that you see coming into every
town. We are a historic town. We'd like to keep it' that way,- and I think your
plan is very good. Thank you.
SUPERVISOR HARRIS: George?
COUNCILMAN PENNY: I think that there is a great amount of things, that are
being unsaid here on both sides, and a lot of this from our side has been the position
of our Town Attorney, which I respect, and as a result of a phone call, that I
.received last night from a young lady in Mattituck, concerning this particular topic.
~1 suggested bringing in a group of representatives from the Mattituck community
to a work session of the Town Board, just so that we could discuss the perimeters
of what we're dealing with here, because it's very easy for us to politically say
fine, we're for this, or we're against this, but there are ramifications of both
directions, that we take. I offered to this young lady, and I hope that she'll get
back to me, to meet with the Town Board, if that was possible, and I've been told
it probable wouldn't be a great idea if the entire Town Board met, but I received
the attention of the Assistant Town Attorney today, who said that if I was to bring
a small group in, we could discuss, not the virtues of the particular application,
and the ramifications of this particular application, but the whole concept of planning,
and location of the site, how zoning is effected by this, what effect would us making
a determination in the middle of a application, during an application, doing something
discriminatory, and all other~ areas, which We have to deal with as ~i Town Board.
We have to deal with a lot more than the sensitivity of the issue in a particular
location, which we would love to respond to. 'But we, also, have the entire tax
base of the Town of Southold to protect, and without getting into catastrophic cases,
I think what happened in Southampton with Trupon's castle is an indication of what
can happen when you try to pull out the rug from somebody midstream, and I'm
not saying that that's an exact parallel from this, but this is what the Town Board
has to be aware of. Civ!l rights actions, .which, I believe it's 1983 cases which
go right to Federal Court in Brooklyn, and it's completely out of local hands, and
local sympathies. We would like to follow up on this, and what plans we could
do for the future. I think everybody on the Board, who is concerned with this,
whether or not we would make a move to undermine a certain application is something
that our Attorney is going to have to get back to us on, and these take time. Legal
opinions take time. Government can not be quite as spontaneous as we would like
to be, and obviously not as spontaneous as you all out there would like it to be,
but we can respond, and whether or not we affect this particular plan, or this
particular application, that's going on at this time, we can very possibly address
all of the future ones. So, ! believe that there's a lot of good in what's been said,
that maybe what this has done is raised..done a little awareness raising in the
Town of Southold, and I'm sure when we get through with the planning and zoning
concepts, and address this, that we can do something about it without getting carried
away with it. There's only so many ways you can say the same thing over and
over, again.
SUPERVISORiHARRIS: Thank you. Is there anybody else, who would like to
address the Board? (No response.) If not, we will go into the public hearings,
that we had and act on those, tonight, those Local Law changes.
140
OCTOBER 23, 1990
36.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, a proposed Local law No. 19 - 1990, entitled, "A Local Law in Relation
to Dogs" was introduced at a meeting of this Board held on the 10th day of
October, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 23rd day of
October, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 19 - 1990 be enacted as follows:
LOCAL LAW NO. 19 - 1990
A Local Law in Relation to Dogs
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 38 (Dogs) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 38-11 (License Fee) is hereby .amended 'to read az follows:
A. Commencing on October 1, 1979, and until November 30, 1990,
the license fee for dogs, inclusive of other statutory
charges, is hereby set as follows:
(1) Five dollars ($5.) for a spayed or'AA~tered dog.
(2) Ten dollars ($10.) for an unspayed or unneutered
dog.
B. Commencin9 on December 1, 1990, the license fee for dogs,
inclusive of other statutory charges, is set as follows:
(1) Ten dollars ($10.) for a spayed or neutered dog.
(2) Fifteen dollars ($15.) for an unspayed or unneutered
dog.
I1. This Local Law shall take effect upon its filin9 with the Secretary of State.
36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
37.-Moved by Councilman Wickham, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 20 - 1990, entitled, "A Local Law in Relation
to Peddlin9 and Soliciting Fees" was introduced at a meeting of this Board held
' on the 10th day of October, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 23rd day of
.October, 1990, at which time all interested persons were given an opportunity to
~be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 20 - 1990 be enacted as follows:
LOCAL LAW NO. 20 - 1990
A Local Law in Relation to Peddling and Soliciting Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (PEDDLING AND SOLICITING) of the Code of the Town of
Southold is hereby amended as follows:
1'. Section 69-105 (License fees) is hereby amended to read as follows;
The nonrefundable fee for each license application pursuant to
?~'"":'~this Article shall be two hundred dollars ($200.) per year or
fifty dollars ($50.) per day or fraction thereof.
ll."~'This Local Law shall take effect upon its filing with the Secretary of State.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared. ~uly ADOPTED.
38.-Moved by Councilman Wickl~am, seconded ~l~y Justice Edwards,
WHEREAS, a proposed Local Law No. 21 - 1990, entitled, "A Local Law in Relation
to Parkin9 at Beaches Fee" was introduced at a meeting of this Board held on the
10th day .of October, ~1990; and
WHEREAS, 'a' public hearing-was A~ld thereon by this Board on the 23rd day of
October, 1990,a t which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local law No. 21 - 1990 be enacted as follows:
-: ;: .... ,.- LOCAL LAW NO. 21 - 1990 - :
A Local Law in Relation to Parking at Beaches Fee
BE IT ENACTED by the Town Board Of the Town of Southold as follows:
I. Chapter 65 (PARKING AT BEACHERS} of the Code of the Town of
Southold is hereby amended as,-follows:
1. Section 65-3F (Parking Permits) is hereby amended to read
as follows:
F. Nonresident seasonal beach parking permit. Beach
parking permits for nonresident for the period April 1
through October 31 may be issued by the Town Clerk
of the Town of Southold upon application therefor for
the annual sum of one hundred fifty dollars ($150,).
Which annual sum shall include both the vehicle and
the boat trailer,
OCTOBER 23, 1990
I!. This Local Law shall take effect upon its filing with the Secretary of State.
38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
39.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 22 - 1990, entitled, "A Local Law in Relation
to Shellfish Permit Fees" was introduced at a meeting of this Board held on the
10th day of October, 1990; and
WHEREAS, a public hearing was held thereon by this Board of the 23rd day of
October, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 22 - 1990 be enacted as follows:
LOCAL LAW NO. 22 - 1990
A Local Law in Relation to Shellfi'sh Permit Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold i
hereby amended as follows:
1. Section 77-203 (Permit fee; expiration;display) is hereby
amended to read as follows:
A. The fee for a commercial shellfish permit shall be
twenty dollars ($20.). Effective on and after January
1, 1991 the fee for a commercial shellfish permit shall
be thirty-five dollars ($35.). Such permit shall expire
on December 31 of the year of its issuance.
B. The fee for a temporary resident shellfish permit shall
be ten dollars ($10.). Such permit shall be issued only
for the period of time that such temporary resident
occupies living quarters with the Town of Southold.
C. The fee for a permanent resident or taxpayer shellfish
permit shall be three dollars ($3.). Effective on and
after January 1, 1991, the fee for such permit shall be
five dollars ($5.). Such permit shall expire on
December 31 of the year of issuance. There shall be no
fee for a permanent resident who has attained the age of
sixty-two (62) years.
II. This Local Law shall take effect upon its filing with the Secretary of State.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman-Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
TOWN CLERK TERRY: The landfill permit fees, that there was a lot of discussion
on, although it wasn't the fees. it was creating the landfill permit, only. It was
merely language, and no fee was involved. People seem to have a lot of discussion
on the fe.e issue.
COUNCILWOMAN OLIVA.' There's just one thing in that law, Judy,~in Number
C, permanently affixed to the right side. I think it should be permanently affixed
to left. It would be just a minor change. Will we have to redo the law? The beaches
like it on the right side, because the gate attendants on the right, but when you
go into the landfill, when you go across the scale it should be on the left.
TOWN CLERK TERRY: Left side. They're going to be different colors, one will
be a square and one will be round.
40.-Moved by Councilman Penny, seconded by Councilman Wickham,
WHEREAS, a proposed Local law No. 23 - 1990, "A Local Law in Relation to Landfill
Permits" was introduced at a meeting of this Board held on the 10th day of October,
1990; and
WHEREAS, a public haring was held thereon by this Board on the 23rd day of
October, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No 23 - 1990 be enacted as follows:
LOCAL LAW NO. 23 - 1990
A Local Law in Relation to Landfill Permits
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended as follows:
1. Section 48-4(A)(1) is hereby amended to read as follows:
(1) Resident landfill permit: for noncommercial vehicles of
less than one-ton capacity owned by a resident and/or
taxpayer of the Town of Southold and transporting only
household refuse, provided that such vehicle displays a
valid resident landfill permit issued in acco~'dance with
the following:
i42
OCTOBER 23, 1990
a. A resident landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who are qualified residents of the Town of Southold.
Persons applying for resident landfill permit shall be
requested to sign an application in affidavit form and
submit for inspection the following as proof of
residence:
(1) A valid tax receipt stub for the current year for
any taxable real property within the Town of
Southold assessed in the name of the applicant.
(2) A valid motor vehicle registration in the name of
the applicant and to an address located within
the Town of Southold or to an address
corresponding to the address of a validated tax
receipt stub for the current tax y~ar for any
taxable real property within the Town of Southold
affixed to the application.
(3) Such other proof of residence as is satisfactory
to the Town Clerk.
b. The Town Clerk or a person designated by the. Town
Clerk shall inspect such application to determine that
the applicant is a qualified resident of the town.
Upon approval of the application, a resident landfill
permit shall be issued and inscribed with the vehicle
license registration number. Such permit shall not be
transferred to any other vehicle.
c. Resident landfill permits for motor vehicles shall be
permanently affixed to the left side of the front
bumper of such vehicle.
d. The fee for the issuance of a resident landfill permit
shall be such fee as shall be prescribed by a
resolution of the Southold Town Board.
II. This Local law shall take effect upon its filing with the Secretary of State.
40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
This resolution was declared duly ADOPTED.
41 .-Moved by Councilman Wickham, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. 24 --1990, entitled "A Local Law in Relation
to Garbage, Rubbish and Refuse Fees" was introduced at a meeting of this Board
held on the l~0th day of October, 1990; and
WHEREAS, a public hearing was held thereon by this Board on the 23rd day of
October, 1990, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 24 - 1990 be enacted as follows:
LOCAL LAW NO. 24- 1990
A Local Law in Relation to Garbage, Rubbish and Refuse Fees
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 48 (GARBAGE, RUBBISH AND REFUSE) of the Code of the
Town of Southold is hereby amended as follows:
1. Section 48-4(A) (Fees) is hereby amended to read as follows:
(2) Per-load fee of two dollars ($2.) for each non-commercial
~ vehicle of less that one-ton capacity which possesses no
" ' ~-'-~-:".: "permit. ' .
(3) Per-load ~fee of twenty-five dollars ($25.) for each
single-axle truck which does not possess a permit.
(4) Annual fee of fifty dollars ($50.) for each commercial
-.; ';vehicle transporting liquid septic waste, together with an
additional fee of two cents ($0.02) for each gallon of
liquid waste discharged.
(5) Annual fee of fifty dollars ($50.) for each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
(6) Annual fee of fifty 'dollars ($50.) for each farm vehic.le of
one-ton or more capacity transporting a~3ricultural waste.
(7)Per-load fee of fity dollars ($50.) for each
double-axle truck which does not possess a permit.
(8)Annual fee of two hundred dollars ($200.) for each
single-axle vehicle transporting solid waste (garbage).
(9) Annual fee of two hundred dollars ($200.) for each
commercial contractor's vehicle of more than one-ton
capacity.
OCTOBER 23, 1990
143
(10) Annual fee of five hundred dollars ($500.) for each
double-axle and/or compactor-type vehicle transporting
solid waste (garbage).
(11) Annual fee of five hundred dollars ($500.) for each
commercial contractor's double-axle and/or tractor-trailer
combination of more than one-ton capacity.
II. This Local Law shall take effect upon its filing with the Secretary of State.
41 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Oliva,
Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilwoman Latson.
.... This resolution was declared duly ADOPTED.
STEVE LATSON: (tape ran out) Steve Latson spoke about his disappointment,
that the Town Board increased shellfish permit fees.
JUSTICE EDWARDS: put the bugs back in the bays. We've helped the
scallops come back on their own, and that comes from' Town funds, and some of
this money here will go back into the Town funds, and will increase the amount
of the small seed clams, and bugs, scallop bugs, that we put in the bays. As
far as road runoff is concerned, we're trying our best for that. Thank you.
STEVE LATSON: In answer to that, as Secretary-treasurer of Green Seal, the
group that actually brought the bay scallop back. It was a State project. It wasn't
done in Southold Town waters, or with Southold Town funding. It was done partially
through Suffolk County funding, and partially 'New York State DEC funding. As
far as the seed program, a lot of that happened because of the Baymen's Association,
and Mario CuQmo. Marlo C~J.omo decided because of the Brown Tide, that l~e wanted
to handout $500,000.00 to people in the striped bass, and scallop fishes, the depressed
.fishes, and what happened was, the DEC had a shellfish advisory meeting, and
it ended up, instead of just giving it to the five East End towns, splitting it up
to all the towns on Long Island, which we were opposed to. However, then finally
so they did split it, and each town got a certain amount of money, but ~vith the
stipulation, the express stipulation, that all this money would go towards baymen,
who had lost their sources of income, and work projects, that they made up. So;
we built the racks, that support Southold Town ciam program. Yes, the clam
program is terrific, but on the negative side, what good is it going to do us to
grow clams, if in a few years there's not a single creek open, and if you think
the runoff problem has been addressed, you are dead wrong, and there are a lot
of simple ways, that the runoff problem could be addressed, but I don't see anybody
looking at it that way. I mentioned it to several different people, and ~ve know
the Lower Road project, where they dug out..they had a huge problem coming
into Jockey Creek, and there's still a huge problem coming into Jockey Creek,
but one of the major problems with runoff is farms. You've got a lot of pesticides,
fertilizers, etc. coming off farm fields. Well, that was farm fields on Lower Road.
The Town bought the piece of land from the farmer, I guess at market value, ended'
up making a profit by selling sand out of it, and this is the kind of thing you
should be doing in Richmond Creek, and quite a few other creeks. This way the
Town is actually going to make money. They'.re going to stop road runoff problems,
and haven't seen anybody do anything since that project. I think there's a lot
of work to be done, and a lot of good work. ! think that you guys really should
start to get into these different things. Maybe we can save, what I consider the
valuable aspects of Southold. Just to look at a creek and say, it's pretty is one
thing. I went clamming in Manhasett Bay recently, and it looks pretty. Had a
lot of really luxurious homes on it, ,multi-million dollar homes at least, and the water
is red. I mean it's unbelievable. I've never seen anything like it. The Brown
Tide was similar, but this is just phenomenal, i'm sure none of these people swim
there, it's just amazing, but that's what going to happen here eventually, if we
don't do something. We really have to wake up.
SUPERVISOR HARRIS: Steve, ! think that you should, also, give credit where
credit is due. Marlo Cuomo's DEC has closed all our creeks, not the Town of
Southold, not the County of Suffolk. These' creeks are being closed one by one,
and never in the history that I have know, Steve, and I've been on the bay a
long time, have ! seen them open up one of the creeks after they've closed them.
The problem is the remediation, and the DEC, and the testing of the coliform that
goes with that, and I can assume after being on the earth for only forty years,
that the amount of natural water fowl, that we have, and population numbers, that
are increasing, such as swans, and geese, and so on, are .adding to our problems
tremendously, and not solely just the road runoff, and the fact that they have
been around for hundreds of years, the water fowl, the fact that the testing is
now so sophisticated, I don't think the total blame can be given just in one area
of point source solution, when we know there's at least two or three other areas,
where it's coming from. The Town is going to do everYthing it can, certainly to
clean up road runoff projects, and I certainly am with you; and.! want to see the
Town at least do one project a year, a major project that is, from the Town problem,
144
OCTOBER 23, 1990
and now I'm talking about the State that has plenty of pipe that run into our creeks,
and the County of Suffolk, which this year, again, turned down a major funding
as Mill Creek, which you know up there, right by the Baptist Church, a complete
disappointment to this town, certainly to me as Supervisor, that they turned down
our proposal to fix that, when we know full well a major runoff problem is occuring
in there, which is probably contributing to that contamination that exists there.
I'm with you. You have to work on the Legislature to get them to turn around,
and we have to work on the State to turn around, and we're work on this end
to get the Town working. We're all going to work together towards that benefit,
and I thank you for your concern.
STEVE LATSON: I ha'te to run on with this, but I probably won't come back for
quite awhile, so I'd like to go through this a little further~ I know the Town just
bought sand this year. As far as I know, we made money selling sand out of Lower
Road. Why don't we do another runoff project, for instance for Richmond Creek,
which has a lot of runoff problems off of the farms there. Why don't we buy a
four acre, five acre piece of farmland there, start digging the sand, so we don't
have to buy sand. We'll end up making money on the deal. We'll pay for the land.
It worked on Lower Road according to Jim McMahon. We made money there, and
we still haven't dug that out all the way. I'm not sure why 'the Town has gone
out buying sand, when that Lower Road there still has sand to be dug. Besides
that, though, ! think there's a lot of questions about that, whether we should
have a swan season, etc. There's no question, they are big poops, but the real
fact is that...
SUPERVISOR HARRIS: Two swans equal one human a day.
STEVE LATSON: Your runoff problems according to most studies is about 95%
of the problem, and you know, whether that's acurate or not, I'm sure. All I
know is what the studies say. I do know that we have a lot more birds, natural
wildlife in the bay, during the winter, but those coliform doesn't last very long.
You get thousands of ducks out there in the winter.
JUSTICE EDWARDS: Over on Fishers Island, Gerry Matthiessen's oyster farm,
that old Middle Farm Pond there it's all pollutated, and there's no farm around
there. There's no road runoff, and it's because of the wildlife coliform, that's
going in there.
STEVE LATSON: Plus it doesn't flush. It's not like a flushing ~reek.
JUSTICE EDWARDS: So what? Where is the coliform coming from? Where is the
pollution coming from?
STEVE LATSON: It just accumulates there.
JUSTICE EDWARDS: No. It's from the animals. It's from the birds.
STEVE LATSON: Yes, but my point is, it doesn't get flushed out, where the creek
flushes out with your constant change of water every day. Half of the water goes
out, and then it comes back in. if that farm on Fishers Island once or twice a
year they open up a breach to the beach, to the ocean to let water in, then that's
it for the whole year, so ygu have an incredible accumulation.
JUSTICE EDWARDS: This is on another subject, regarding our garbage or refuse,
or whatever you want to call it on Fishers Island. I think Fishers Island has
addressed their municipal solid waste problems on Fishers Island. it's been ongoing,
and I think we on the Island are further along than the Town of Southold as far
as a bottom line is concerned, because we know that we have to get the garbage
off the Island. We can not put any type of incinerator, or a composter on the
Island. Now, it comes down to the financial aspect of it. People on Fishers Island
have been paying double taxation for probably the past twenty-five years, regarding
this. Now we're coming down where we need a transfer station on Fishers to get
the garbage from the haulers, and pick it up at the homes into rolloff containers,
and take it to the mainland. Now, the Town of Southold, of course, can not come
up with any financial recommendations for us, because they do not know what they're
going to do as far as their municipal waste is concerned. They have half a dozen
options in their plan. They haven't decided which they're going to use. Today
we got a letter from the Association of Towns, which we've been' waiting for, for
a month and a half, and they come up with three different scenarios. Number
one, is for the Town to build a transfer station, and donate it to the Island, and
continue to charge the Island for the taxation of the Cutchogue landfill, plus the
people on the Island will continue to pay their own district taxes, and I don't under-
stand the second one. George Penny does, because he's had the letter longer
than I have. The third approach, the Town can consider what we enter into a
general municipal law, article 5G agreement with the garbage district, and that
OCTOBER 23, 1990
145
agreement is the Town would commit or provide money, and so forth, for some
kind of a in kind contribution to the transfer station. It's going to be my recommend-
ation to the people of the Island to build this transfer station with their own monies
and run it as we have been in the past with our own monies, and get 100% tax
rebate back from the Town for the amount, that we're going to pay into the landfill,
wherever it goes, because I realize...I know that the taxes are going to triple,
quadruple plus, when it comes down to the bottom line of what the people of Southold
are going to pay to get rid of their municipal solid waste, and if we can go our
way on Fishers Island in a long run it's going to be a lot less expensive, than
to contribute to continued taxation for the landfill operation in Cutchogue. Thank
you.
COUNCILMAN PENNY: I just want to remind everybody, that we have a public
hearing on the Southold Town proposed Solid Waste Management Plan at the Southold
Town Hall, Main Road, Southold, on October 30, 1990, from 3:00 P.M. to 5:00 P.M.,
and from 7:00 P.M. to 9:00 P.M. I hope that we get at least equal attendance
to the people, that were here tonight on a topic of somewhat, I want say less
importance, but less impact on the Town. We've been working on this. We've
spent probably close to $100,000.00 having this plan prepared by our consultants.
It's available in the Town Clerk's Office, and in the libraries, etc., and we already
held a public information meeting, which the attendance was fairly moderate. It
wan't quite what you would have expected. I think there were more people here,
tonight, than there were at our public information meeting. I just hope that people
start to show a little more interest in something.that's going to have a major impact
on the future of Southold Town. Thank you~.
JUSTICE EDWARDS: One other thing, I passed around, I think it was in all of
your mail boxes this morning, a report on the Civic Association meeting of October
6th on Fishers Island. I would appreciate it if every Town Board member gets
a chance to read this over. There's a lot of interesting concepts in there.
SUPERVISOR HARRIS: R°nnie?
RONNIE WACKER: Ronnie Wacker from the Nort'h Fork Environmental Council.
Yesterday, I received a letter from a group, that is composed of the United States
and United Kingdom. People who are concerned about countryside development
and keeping the rural character in the areas. It's not just our concern. We are
all here..this meeting tonight, I thought was very productive, and we're all people
of good will. We're all concerned about the way the town's going, and we want
to keep it as nice as we can, but this is not an individual town concern. This
is a concern of all coastal communities on the Atlantic coast, on the Pacific coast,
southern coast, and on the English coast. There have been..this group, which
is composed of something like seven, or eight environmental groups in England
and the United States have had two summers in which they have had seminars.
Now, this summer they're going to have a seminar here in this area, and they have
invited us to join them in planning concepts, not in preventing development, not
at all. I don't know if all remember Bob Yaro, who spoke at the Planning Conference
in September, and then a year ago, he spoke at the NF£C Christmas dinner, with
this new concept of development, in which there is no limitation of development,
but there is an incorporation of development within the area as it is, in order
to retain his essential character, and he had slides on the wall, which he showed
the town, or the regional area. He's concerned about the town as a region, so
that would be Riverhead an~ Southold. ~ He put on the screen, what the town,
or the regional area looked like, now, what it would look like with a conventional
zoning as we know, and what could look like with the zoning as he, and his
associates, who work in the Connecticut River Valley, had done. He defied anybody
to point out one single development in the conventional zoning, that wasn't included
in the zoning as they saw it, and there wasn't anything. Everything was included.
But, the way they did it was with concern for the integrity of the area, so that
it does not change, and this group has invited us, and I would like to ask you
all, if you would join, as a town. Some work will be have to be done in fund
raising, giving a couple of bedrooms to some of the people, who will be coming
to stay. It's somthing that has worked out nicely in the two areas, where it's been
done before, and I hope that we can become involved with it, this time, in July.
We have to make up our minds within the month, because they'll want an answer
by November 20th. We're thinking of having a meeting on Wednesday, since there
'isn't that much time, and if all of you on the Town Board could come, just to talk
with all of us, who are concerned from the Planning Conference. I think that we
might find a way to get through this myriad, because this is what it is. We're just
stymied so by these individual problems, that we haven't been able to see, or to
project what our hopes for the future are, and I think that we all have almost the
same hopes, so it's going to Wednesday at the NFEC Office at 7:30, next Wednesday,
not tomorrow. We just got the letter yesterday. I find it very exciting, and I've
got some of it here. If you'd like me to make a copy, and send it to you, !'11 do
that.
1.4 6
OCTOBER 23, 1990
COUNCILMAN PENNY: Ronnie, one more question. The first year, that I got
elected, I was invited to the NFEC annual meeting, and maybe I made a mistake
by showing up, because every year after that I'm never been reinvited, again.
Do you have a policy?
RONNIE WACKER: No.
COUNCILMAN PENNY:
RONNIE WACKER:
We didn't send out special in,~,itations.
Then send them out to Town Board members
Okay, we'll do that. I'll give you a call.
COUNCILMAN PENNY:lJ~enever been contacted since them, or just a postcard. I
mean, if you put the Town Board members on your mailing list, whether they're
members or not, once the litigation and ail the other stuff is cleared, then I feel
a little more comfortable with it, but in the meanwhile it just like I said, the first
year that I got elected, I was invited to the annual meeting, and like I said, I
showed up, and that's the last I've heard of it.
RONNIE WACKER: Well, these things happen. Sometimes things just fall in the
cracks. You're invited every time.
COUNCILMAN PENNY: Well, maybe if you put the Tow.n Board members on, they
very well might attend. I don't know when it is, so I'm not a commitment now,
but believe you me, I would make every effort.
RONNIE WACKER' Okay. Will do.
SUPERVISOR HARRIS: Thank you, Ronnie. Is there a motion to adjourn?
Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 9:20 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