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HomeMy WebLinkAboutTB-11/13/1990172 SOUTHOLD TOWN BOARD NOVEMBER 13. 1990 WORK SESSION Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson, Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry. 9:45 A.M. Warren Goldstein and Betty Brown of the NFEC to discuss their proposal wish respect to the amending the Code of the Town with respect to the elimination of drive-in or drive-thru restaurants. Mr. Goldstein asked for a the inclusion of citizens on the Zoning and Planning Committee to address this matter and other concerns of the public 10:05 A.M. - Richard Magill, Douglas Morris, and Walter Marczewski, scavenger waste haulers, met with the Board to protest the current policy of the Village of Greenport to close on all holidays. They would like prior notification so they may make arrangements for obtaining fill tickets, and someone to contact when the plant is closed. They also would like a Southold Town person at the plant to represent the interest of the Town and the haulers. Finally they would like 1/2 load tickets to be available for sale year around. The Board agreed to the 1/2 load tickets, but cannot provide a Southold Town person to work at the plant. The Town already pays the Village to operate the plan. t. The Town will be meeting with the Village concerning the plant and will bring up the concerns of the haulers. 11:!5 A.M. - Eisa Pflucjer, mother of Robert Pfluqer, B.P. Wreckers Ltd. to see what is happening with the application of her son for a refuse disposal area on Coxs Lane, Cutchogue. The Board feels they can issue a negative declaration and asked the Town Attorney's office to draw up a negative declaration with findings and conditions. 11:35 A.M. - For Discussion Items: (1) Mattituck Youth Activities building has been offered for possible use by the Town. Councilwoman Latson will investigate. (2) B.P. Wreckers Ltd. See 11:15 A.M. meeting with Eisa Pfluger. (3) Applications for membership on the Southold Town Youth Board. Town Attorney Arnoff asked for an extension of the time for accepting resumes for an additional two weeks. (4) Water Study for Fishers Island - is being handled by Assistant Town Attorney Kiernan, who has appeared before the Suffolk County Legislature, and Supervisor Harris will speak to the Legislature on November 21st. (5) Letter from Rudolph Bruer, attorney for the Southold Fire District asking for a refund of a tipping fee paid for removal of asphalt from the firehouse site.--Board agreed to do so would involved many, many taxing entities and not-for-profit organizations, therefore cannot honor Mr. Bruer's request. (6) Request FMHA financing of income eligible applicants in the Cedarfields Affordable Housing project (see resolution no. 32). (7) _Letter from Cramer & Voorhis asking whether the Town Board will accept one DEIS for both the Thompson and Gray change of zone petitions, or a .separate DEIS for each? Board requires a separate DE1S for each petition. (8) Proposed "Local Law in Relation to Garage, Rubbish and Refuse Use" which would exempt vehicles transporting! recyclables from the need for a landfil permit.--Board determined this would be difficult to enforce. During this discussion it was decided to extend to the DEC, upon their written request, a two week extension of the comment period for the DGEIS on the Solid Waste Management Plan. Board also asked the Town Attor.ney's Office to begin drafting mandatory recycling regulations. 12:45 P;M. - Recess for lunch. 2:10 P.M. Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman .Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--The Board met with .Barry Warren, Special Counsel. NOVEMBER 13, 1990 t73 3:20 P.M. - Frank Kuiawski, Jr., member of the Long Island Park Commission, met with the Board to matters of concern with respect to Fort Corchaug, and the Laurel Lake properties, which are in the Special Groundwater Protection Area and should be purchased with 1/4% sales tax monies. Robert Villa was also present, and described this area as the Hither Hills of Southold Town. Supervisor Harris and Councilman Wickham will go to the County on these matters. 3:45 P.M. - Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board enter into Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edards, Councilman Penny, Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--The Board met with Scott Dobriner who is working for a two month period on behalf of the Town, and assisting Cashin Associates with the Local Water Revitalization Program. Mr. Dobriner's compensation was discussed.--Other personnel matters, pending litigation, and appraisals for possible purchase of property was discussed. 5:30 P.M. - For Discussion Items (continued): (9) 1991 - 1995 contract with the Village of Greenport for fire protection and emergency service to be furnished by the Village to the "East-West Fire Protection District". Supervisor will talk to the Village Board concerning the renegotiation of the contract. (10) (1) Request of Robert Marshall for-a refund of his building permit fee.: Board denied. Refund cannot be granted merely because it became "useless" to Mr. Marshall. (11) Bid of New York .Tire Recycling Co. for removal of tires from the Landfill Site for 1991 - (see resolution, no. 36)..~. (12) Bid of B.P. Wreckers, Ltd. for-removal of scrap newspapers from the Landfill Site for 1991 held for November 27th meeting. (13) Bid of Franza's Universal Scrap Metal Inc. for removal of scrap metal from the Landfill Site for 1991._ (see resolution no. 37). (14) Proposed Intermunicipal Agreement for Recyctables ..with the East End Recycling Cooperative (see resolution no. 38). (15) Architectural Review- Draft Report on Architectural Review to be sent to the Legislative Committee after setting forth the specifics by the Planning and Zoning Committee. (16 & 17) Comments from Cramer, Voorhis & Associates with ~espect to the Draft ElS on Southold Commons and Jem Commons, owned by Emanuel Kontokosta. Town Clerk to submit to Mr. Kontokosta, requesting him to incorporate the response to the comments in the Draft Environmental Impact Statements for each ;~-project. (18) Letter from the Planning Board concerning the renewal of the performance bond for major subdivision The Woods at Cutchogue (see resolution no. 39) .... : ........ 5:40 P.M. - Audit of outstanding bills. ~i55:i'iP.'~,.r~-~Work Session adjourned. - REGULAR MEETING A Regular Meetin~ of the Southold Town Bbard was held on Tuesday, November 13, 1900, at the Southold Town Hall, Main Road, Southold, New York, Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Latson Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: Before we proceed with the business of the evening, I'd like to tell you about a little tragedy, that has hit our family here of Town employees. Denise Ross, one of our clerical staff in the Assessor's Office, Sunday morning early totally lost her house due to fire. She was very fortunate, that she got out with her family, and her~two sons barely with the clothes, that they had on their back. Her house, obviously, and belongings were totally destroyed, and we have set up a sort of relief fund for Mrs. Ross. You can schedule it through Paddy in my office, which is being coodinated with the Baptist Church in Cutchogue. Any clothing that you may have, she has two teenagers, one thirteen, and one seventeen, two boys. Any clothing, or any donations, that you feel that you could help her out with to relocate, and right now she~s living with her grandmother on a temporary basis, would certain be helpful for her and her family, and greatly 174 NOVEMBER 13, 1990 appreciated and the Town Board is doing all it can to ~urther her comfort with the holidays coming up, and certainly ~the cold weather. So, ! just thought I'd announce that, and see what we can do to benefit her family. At this time, we need a motion for approval of the audit of the bills for November 13, 1990. Moved by Justice Edwards, seconded by Councilwoman Oliva, it was RESOLVED that the following audited bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $164,951.79; General Fund Part Town bills in the amount of $33,625.24; Nutrition Fund bills in the amount of $6,418.76; Adult Day Care bills in the amount of $233.08; SNAP Program bills in the amount of $1,794.10; EISEP Program bills in the amount of $44.20; Highway Fund Whole Town bills in the amount of $4,371.76; Highway Fund Part Town bills in tl~e amount of $14,360.13; Capital Projects Account bills in the amount of $87,000.00; Ag Land Development Rights bills in the amount of $1,500..00; Open Space Capital Fund bills in the amount of $149,900.00; Computer Capital Account bills in the amount of $295,000.00; Employee Health Benefit Plan bills in the amount of $54,722.44~. Fishers Island Ferry District bills in the amount of $~83,893.67; Wendy Draye, Improvement District bills in the amount of $ 44S~0,~ Fishers Island Sewer District~ bills in the amount of $575.05; Fishers Island Ferry DiStrict Agency and Trust bills in the amount of $659.14;$outhold Wastewater bills in the amount of $18,647.68. 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 23, 1990. Moved by Councilwoman Oliva, seconded by Justice Edwards, it' was RESOLVED that the minutes of the Town Board meeting] of October 23, 1990, be and hereby approved. Vote of the Town Board: Ayes: Councilman'Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes of Special Board meeting of October 16, 1990. Moved by Councilwoman Oliva, seconded by Councilman Penny, it was RESOLVED that the minutes of the Special Town Board meeting of October 26, 1990, 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: We need a motion for a Special Town Board meeting fo'r Wednesday, 5:00 P.M., Novemeber 14, 1990. Moved by Councilwoman Latson, seconded by Councilman Wickham, it was RESOLVED that a Special Meeting of the Southold Town Board will be held at 5:00 P.M., on November 14, 1990, at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. -. ~ SUPERVISOR HARRIS: A motion for the next regularly scheduled~meeting date of November 27, 1990, 7:30 P.M.? 4. 5. 6. 7. 8. 9. 10. Southold-Town Police Department Report for month of September, 1990. .Community Development Monthly Report for September, 1990. Southold Town Building Department Monthly for Oct~b_e.r.,~_-~1990~. Scavenger Waste Treatment Facility Report for October, 1990. 350th Anniversary Financial Report through October 31, 1990. Southold Town Clerk's Monthly Report for October, 1990. Southold Town Justice Edwards' Monthly Report for October, 1990. Lawrence Healthcare CSEA Benefit Report for October, 1990. ..Lawrence Healthcare PBA Benefit Report for October, 1990. Southold Town Justice Tedeschi's Monthly Report for October, 1990. I. REPORTS. Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that a regularly scheduled meeting of the Southold Town Board will be held at 7:30 P.M., on November 27, 1990, at the Southold Town Hall, Main Road, $outhold, 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. NOVEMBER 13, 1990 175 11. Southold Town Recreation Department's Report for October, 1990. 12. Councilman's Report. 13. Su pervisor's Report. II. PUBLIC NOTICES. 1. New York State Department of Environmental Conservation, Notice of Complete Application to maintaince dredge a 1200' x 60' channel to 6' below mean Iow water. Project is located at the end of Pine Neck Road on Jockey Creek, Southold, New York. 2. U.S. Army Corps of Army Encjineers, Public Notice, Clarification of the Phrase "Normal Circumstances" as it Pertains to Cropped Wetlands. This expires December 31, 1993 unless revised or rescinded sooner. 3. l~ew York State Department of Environmental Conservation, Notice of ~pplication for-Permit to process fish in the Internal Waters of the State of New York by"May~fl'~'wer International, Ltd., and Captain Mark Phillips to permit the. pu[chase and processing of Atlantic herring by a foreign vessel. 4. Public Notice of Southold Town Fall Clean-Up Week November 26 to 30, 1990, by the Southold Town Highway Department. 5. New York State Committee on Alcoholism and Drug Abuse, Assembly Standing Committee on Social Services, Notice of Public Hearincj on ma-nagement of multi-agency funding streams for holistic alcoholism and drug abuse services~ Tuesday, Movember 13, 1_990, 11:00 A.M., St.a~e Commission on Investigation, Room 2527, 270 Broadway, New York City. ' '~' ~!1. COMMUNICATIONS. (None.) IV. PUBLIC HEARINGS. SUPERV~ISOR HARRIS: We have three public hearings for tonight, and they will be starting at 8:00, 8:02, and 8:05 sharply. 1. 8:00 P.M., "A Local Law in Relation to Mooring Permit Fees". 2. 8:02 P.M., "A Local Law in'Relation to Sewer Rent". 3. 8:05 P.M., "A Local Law in Relation to Change of Zone Petition Fees". V. RESOLUTIONS. SUPERVISOR HARRISi'-'~ this:i~im'e','tl'd Ji~e to go out to the audience, before we go into resolutions. Are there any members, that would like to address this Board on any resolution, that we'll be entertaining tonight? FRANK CARLIN: Frank Carlin. Laurel. I have several here I'd like to review. Item 217 SUPERVISOR HARRIS: Are these resolutions, Mr. Carlin? FRANK CARLIN: Is that done once a year, or how? SUPERVISOR HARRIS: That's done by bid, yes. FRANK CARLIN.' Once a year for the Police Officers' uniforms? SUPERVISOR HARRIS: It's a contract for dry cleaning, that deals with the uniforms, Mr. Carlin. TOWN CLERK TERRY: It's for 1991, for the entire year. FRANK CARLIN: That's what I said. The Manno Uniform and Security Equipment -is that brand new uniforms, or is that winter uniforms? SUPERVISOR HARRIS: These are their standard uniforms, that was accepted by bid, which was opened up on the 7th, and these are for clothing for the year 1991. TOWN CLERK TERRY: Summer, winter, shoes, coats, hats, everything. FRANK CARLIN.' I don't understand this. Coats, hats, you know last year you had the same thing. You don't wear out a coat in a year. I don't understand this. You keep buying coats, and last year you had the same thing. You had a resolution to buy the Police Officers hats, coats, and gloves. Then you turn around and you're doing it again. You know. I was issued a coat at Grumman's and I had it for twenty years. If they need them, but I can't see going over and over, again. You're trying to cut the budget. You're trying to save money here. You're trying to save the taxpayers some money, and you're going ahead and just buy new coats, again, and new gloves. Do they throw them away after just one year? 176 NOVEMBER 13, 1990' SUPERVISOR HARRIS: Part of this, Mr. Carlin, is through the PB^ contract. Their entitlement is approximately $300.00 a year. That's all' they're allowed. FRANK CARLIN: Just cause the PBA says what they want, doesn't mean to say the Board has to give it to them. SUPERVISOR HARRIS: This was negotiated in the contract of September 1989, Mr. Carlin. FRANK CARLIN: In other words, they get new coats every year then? SUPERVISOR HARRIS: This is a clothing allowance. That's all this is. I'!1 turn this over to Mr. Penny, who negotiates the contract. He's in the process of negotiating a contract for this year, and has for several years past, and has been on the Police Committee, and maybe he has some information he'd like to share with COUNCILMAN PENNY: This is not buying anything. This is establishing a list of prices, so that the PBA allowance is given to each individual officer can be stretched out as far as possible by the Town obtaining bids through the bid process to assure, number one, the quality of the materials, that they're getting and number two, the lowest price. The Town is not buying anything. The individual are using their $300.00 allotment to purchase or replace items, which they wear out from time to time. That's all it is. They have a $300.00 allowance by PBA contract on an annual basis. FRANK CARLIN: You need a resolution for this amount? COUNCILMAN PENNY: We do this to assure the quality and the price, that they get the best that's available for the amount of money that we give. FRANK CARLIN.' I have a friend'in Florida. Every little countsr when you start to save money, when you try to save money in the town, you know, the budget. The way taxes are now. First it's ten thousand yards of soil r you buy sand. It's a shame that we sold all our sand all through the past years, and now we have to buy it back at a higher price. SUPERVISOR HARRIS: You're right, and we'd certainly like to get back into the sand mining business, if at all possible, Mr. Carlin. FRANK CARLIN: Okay. This one says fuel oilr deisel oil, Agway. Did you have copies what you put out for bid? is Agway the lowest? SUPERVISOR HARRIS: Yes, it goes out to bid. All of these fuel companies come by with their price, and Agway has received the bid price, which is approximately $.03 over rack price. FRANK CARl_IN: Authorization to sell three Police cars, they're used~ right? I understand you're going to but two new ones. I think we talked about this last year. Was there any local bids been put out for any local dealers, or are you going to get them again from the west end? SUPERVISOR HARRIS: This is purchased off of County contract, Mr. Carlin. Suffolk County contract is where these cars come from. FRANK CARLIN: So, you have nothing to say where you get them from? SUPERVISOR HARRIS: We do. it comes from the County contract, which ~oes out to bid of all the dealers, and who ever this dealer has received the lowest bid, that's who the County deals with, and we purchase through the County. FRANK CARLIN: I'd like to see some local dealerships get a break once in awhile, instead of getting it from the west endp or New Jersey, Wherever. Keep the money in the town. SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there anybody else, ~that would like to address the Board? Yes? LARRY TUTHILL: Larry Tuthill from Greenport. I'd like to address the Board in regard to Resolution~ #10,- reconstruction of Gull Pond. --I attended by first Town Board meeting with regard to Gull Pond many years ago. This was before even Mrs. Terry's time, and the Town Board used to be on South Street in Greenport. Then they were proposing to do what has been built at Gull Pond. My mother went with petitions around the neighborhood, and they fought against it. Almost all the neighbors were opposed to it, but the Town Board went ahead, and built the bulkhead there, making concessions to the residents, saying that no boats 177 NOVEMBER 13, 1990 could be tied up at the slips, and also, that. the gate would be there. The Town Board, one of the reasons they disregarded the neighbors, was that they said, this wouldn't cost us anything. We were going to get the money from the State, and now a couple of years later, ten, twelve, however many, you're having to reconstruct this. It definitely needs it all along there. I guess the point I'm trying to make to this Town Board is, just because you're going to get something for free doesn't mean you're to have to pay for it down the road, because a lot of wetlands were destroyed at that time, particularly on the side away from the channel. There are wetlands there, and no boats are docking there, and being used for no purpose at all, so I'd just like to bring this to the Board's attention, something that was done many years ago. The Town is now having to pay for it~;.~even though we were -told that .we wouldn't have to pay for it originally. COUNCILWOMAN LATSON: No boats,..at all, dock on the west side of the channel, the side towards Mattituck or Southold? LARRY TUTHILL: No. Away from the boat ramp. COUNCILWOMAN LATSON: After you come out of the channel you go around the.. LARRY TUTHILL:~--.They~' up right next to the boat ramp. COONClLWOMAN LATSON: Maybe we don't have to reconstruct that portion. Let it return to it's natural state. LARRY TUTHILL: It would cheaper to it aHout3-hat's certainly something you can consider. I mean, if there is no reason for that bulkhead there, other than to increase the-parking lot.. But that might be something you would want to consider. SUPERVISOR HARRIS: Mr. Tuthill, this project has been dragging for approximately five years. It's been in a dire state of repair. The Town has not moved on it, and if we don't move quickly, at this point, it will cost multi-millions of dollars now to replace that bulkhead on both sides in it's entirety, and I think the repairs that we're going to do are just that, repairs to keep it upright, and keep it with a channel that can be open, and a parking lot, that will not fall in,as you mentioned especially on the west. The east side, also, is in dire need of repair, and we've had many, many letters from residents, that keep their boats there, asking year after year for:this repair~:tto.~take place, and we're finally now proceeding in that direction. LARRY TUTHILL: I'm not saying, we shouldn't reconstruct. I'm saying it definitely needs to be done. I'm just saying, it should not have been put there in the first place, particularly that away from the channel, and in a long term it definitely needs to be repaired because the boats are trying to.get through. SUPERVISOR HARRIS: Thank you. Are there any other members? Yes. ROSEMARY NICKERSON My name is Rosemary Nickerson, and I've been a life guard at the Gull Pond area. When I was a child, we spent many, many hours playing in the wetlands, that are now bulkhead, and what. I'm proposing is that you repair 'the east end of the channel, and maybe an adjacent fifty feet next to the boat ramp, and let the rest go, take it out, you have to rip it out anyway to repair, rip it out, put up a fence, and let nature take it's course. I, also, worked as a beach attendent there, and that parking lot ---is three times bigger than it needs to be. The only purpose it serves is a drag racing strip for the local teens. It disturbs the residents, because they are there partying until all hours of the night. The gate was promised. It was taken down. It was never put back up. In addition, the culvert, that connects the bulkhead part of Gull Pond to the wetlands on the other side of the road, has been allowed to disintegrate to the point where the flow through that culvert is been obstructed, and it's destroying the wetlands on the other side of the road as well. So, what I say is save the town's money, and repair what needs to be repaired, rip the rest out and let it go back to it's natural state. SUPERVISOR HARRIS: Thank you. Is there any other member of the audience, that would like to address the Board on any resolution,, that we'll be acting on tonight? (No response.) We'll proceed on our resolutions until 8:00 o'clock, When we have a regularly scheduled public hearing. V. RESOLUTIONS. 1.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ 1990 budc~et modification to the Fishers Island Sewer District: To.' Revenues: SS2.2130 Disposal Charges $ 10,000.00 Appropriations: SS2.8160.4 Refuse & Garbage, Contr. Exp. $ 10,000.00 178 3NOVEMBER 13, 1990 1.-Vote of the Town Board: Ayes: Councilman Wickham, ~Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts with re~lret, the resignation of Joseph H. Sawicki from the Southold Town Board of Appeals, effective December 1, 1990, and extends to Mr. Sawicki thier sincere appreciation for the time, effort, and expertise he has devoted to the Board of Appeals since his appointment on September 23, 1990. 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. 3.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and' directs the Town Clerk to advertise for resumes for a member of the Southold Town _ Board of Appeals to fill the unexpired term of Joseph H. Sawicki to April 19, 1995. 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. 4.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budget modification to the General Fund - Whole Town 1990 Budget: To: A1440.4 Engineering, Contractual Expenses $ 500.00 From: A1440.1 Engineering, Personal Services $ 500.00 4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an a~treement between the Town of Southold and the CSEA Employee Benefit Fund for the period of January 1, 1990 through December 31, 1991, at the following costs for Package 7: January 1, 1990 to June 30, 1990 - $45.92 per month per covered employee; July 1, 1991 to June 30~. 1991 - $49.08 per month per covered employee; July 1, 1991 to December 31, 1991 - $52.50 per month per covered employee, all in accordance with the agree- ment which is subject to the approval of the Town Attorney. 5o-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 Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the $193,595.00 Letter of Credit posted by Mohring Enterprises, Inc. as a Performance Bond for roads and improvement in the major subdivision of Long Pond Estate, Section 2, all in accordance with the October 9, 1990 resolution of the Town Board approving said amount as recommended by the Southold Town Planning Board. 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. ?.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it .was RESOLVED that the application of Jacqueline B. Moeller for renewal of her watch- man trailer permit, for trailer located at her stable/riding school, north side County Route 48, Southold, which permit expired on October 9, 1990, be and hereby is ~lranted for a six (6) month period. ?.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the sale of three (3) used Police Department vehicles. 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 Councilm~in-Wickham, seconded by' Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contract for Household Battery · -Disposition Services between Mercury Refining Company, Inc. (MERECO) and the Town of Southold, all in.accordance with .the contract as approved by the Town Attorney. , .... '_. ..... · -:...--'- ~ -~, .. :--- . ...-- 179 NOVEMBER 13, 1990 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 Latson, seconded by Supervisor Harris, .... BOND RESOLUTION OF THE TOWN O.F SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 13, 1990, AUTHORIZING THE RECONSTRUCTION OF THE GULL POND BULKHEAD, WITHIN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $100,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $100,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TO~/N OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HERE~3Y RESOLVED (by favorable vote of not less t.han two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. T,he Town of Southold, in the County of Suffolk, New York, (herein called "Town"), is hereby authorized to reconstruct the Gull Pond bulkheadf with said Town. The estimated maximum ~os~ 'of said Specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $100,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $100,00 serial bonds of the Town to finance said.appropria- tion, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $100,000, are hereby authorized to be issued pursuant to the provisions Of the Local Finance Law, constituting Chapter 33-a of the Consolidated laws of the State of New York (herein called "Law") to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $100,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 22(b) of the Law, is twenty (20) years; however, the proposed maturity of said $100,000 serial bonds or any bond anticipation notes issued in anticipation thereof shall 'not exceed five (5) years from the original date of issuance of such obligations. (b) Current~funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d.4 of the Law. (c) The proposed maturity of the bonds authorized by this resolution will not-exceed five (5)~ years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation Of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the am. ortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to author- izing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond antici- pation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the cheif fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity., is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the ~rovisions of the constitution. 180 NOVEMBER 13, 1990 Section' 7. This bond resolution shall take effect immediatley, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the 'form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCHMAN," a newspaper published in Southold, New York, and in "THE SUFFOLK TIMES," a newspaper published in Mattituck, New York, each having a general circulation in the Town and hereby designated the official newspapers of said Town for such publication. 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. 11.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of A. Reilly & Sons, Inc. For the sale to the Town of one (1) used 1988 GMC Mocel 7000 Dump Truck, at a cost of $22,500.00, all in accordance with the bid specifications. 11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids-for the sale'of the Town's Series I11, Model 60 IBM copy machine. 12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Olive, Councilman Penny, 'Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Justice Edwards, seconded by Supervisor Harris, WHEREAS, Welsh Park Benevolent Corporation has made application to the Town Board of the Town of Southold to dedicate a certain road on Fishers Island, New York, to be know as "PETER'S WAY", as shown on a certain Map of Walsh Park Benevolent Corporation, filed in the Suffolk County Clerk's Office as Map No. 8871 on December 22, 1989, together with release executed by the owner thereof; and WHEREAS, the Southold Town Highway Superintendent has inspected the said highway and has advised the Town Board that said proposed higl~way complies in all respects with the specifications for the dedication of highways in the Town of Southold; NOW, THEREFORE, BE IT RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is hereby given to the Superintendent of Highways to make an order laying out the aforesaid highway, to consist of lands described in said application as shown on certain maps attached to said application; and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. 13.-Vote of the Town Board: Aye~s;. Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny; Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to give public notice that the Town Board will be considering the following proposed amendments to the Community Development Program Budgets at their Regular Meeting to begin at 7:30 P.M., Tuesday, Noveml~er 27, 1990, at the Southold Town Hall, Main Road, Southold, New York, at which time interested citizens will be given an opportun!t~/ to comment on the proposed changes: "" ...... Current New Project . Budget Increase Decrease Budget Cutchogue Free Library FY 13 $4,978,50 -0- $4,978.50 -0- Home Improvement Special Rehab. for AHP -0- $4,978.50 -0- $4,978.50 Elderly Day .., . ...~ Care Program "~4,000~ '" -0- $4,000. ":-0- Home Improvement Special Rehab. for AHP -0- $4,000. -0- $4,0(~0. Affordable Housing Program Grant to Subrecipient FY 12 $2,239.06 -0- $2,239.06 -0- Home Improvement ..... - Special Rehab. for AHP - -0- $2,239.06 -0- $2,239.06 14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman I_atson, Councilwoman Oliva, Councilman',Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 181 NOVEMBER 13, 1990 15.-Moved by Councilwoman La~{'~)n, seconded y Justice Edwards, it was RESOLVED that the application of Bruce M. Vitale for renewal of his single family watchman house trailer permit, for trailer located at 7280 Sound Avenue, 'Mattituck, which permit expires on November 22, 1990, be and hereby is ~lranted for a six (6) month period. 15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 16.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as part-time Gate Attendants at the Southold Town Landfill, effective immediately, at a salary of $6.00 per hour: Joseph Massar, Thomas R. Burdy, Roderick W. Foster, John McCormick. 16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. 17.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the pro- posal of E. F. Kaldor, C.PA., P.C. to audit the books and records of the Town of Southold for the year ended December 31, 1990, as follows: (1) Entire Town: $12,500.00; (2) Community Development Program: $2,000.00; for a total of $14,500.00. 17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Police Officers Joseph Conway Jr. and Edward Grathwohl to attend a Highway Drug Interdiction Instructor Program, commencing November 12, 1990 through November 16, 1990 at Saratoga Springs, New York, and the use of a Town vehicle, travel expenses, meals while traveling (meals and hotel provided; no registration), shall be a legal charge against the Police Department's 1990 Budget. 18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the application of Maddie Miles for renewal of her single family house trailer permit, for trailer located on private road, off of the north side of the Main Road, Mattituck, which permit expires December 22, 1990, be and hereby is 9ranted for a six (6) month period. 19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Supervisor Harris, seconded by Councilman Penny, BE IT RESOLVED: that the Town Board of the Town of Southold does hereby elect to assume the additional cost required to provide the reopenin9 of the twenty year plan (384-d), and /or the twenty-five year plan (384) pursuant to Chapter 362 of the Laws of 1990, entitled "An act to reopen the twenty and twenty-five year retirement plans to policemen and firemen", for the purpose of including Police Officer Andrew T. Fohrkolb and Police Office James A. Ginas. 20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 21.-Moved by Councilman Penny, seconded by Councilwoman Latson, it was RESOLVED that the': Town Board of the Town of Southold hereby accepts the proposal of Hoppy's Cleaners & Laundry Inc., Greenport, for cleaning the uniforms of the members of the Southold Town Police Department for the period from January 1, 1991 through December 31, 1991, at the following prices, all in accordance with the bid specifications: Uniform Trousers - $.65, Uniform Long Sleeve Shirts - $.71, Uniform Jackets - $.70, Eisenhower Jackets - $.54, Outer Jackets - $1.24, No Charge for: Jacket Liners, Uniform Sweaters, Neckties, Hats; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to enter into an agreement between the Town and Hoppy's Cleaners for the aforesaid proposal. 21.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Manno Uniform and Security Equipment Corp. for furnishin~l to the Town of Southold Police Department Uniform Clothing for fiscal year 1991, at the following 182 NOVEMBER 13, 1990 per item prices, all in accordance with the bid specifications: Winter Coat - $100.39 Spring/Fall Jacket - $26.69 Cardigan Sweater - $22.97 Winter Gloves - $14.60 Summer Cap - $14.25 Long Sleeved Shirt-Poly/Wool-$29.75 Short Sleeved Shirt-Poly/Wool-$28.97 Long Sleeved Shirt-Poly/Cotton-$18.99 Short Sleeved Shirt-Poly/Cotton-$18.59 Tropical Trousers-S36.96 All Year Trousers-S49.97 Elastique Trousers-S34.79 Raincover & Cap Cover-S61.64 22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris~ This resolution was declared duly ADOPTED. Tan Long Sleeved' ,S hi rt-~ol y / Cotton-$17 . 69 Tan Short Sleeved Shirt-Poly/Cotton-$16.69 Tan Long Sleeved Shirt-Poly/Wool-$26.95 Lt. Blue Long Sleeved Shirt-Poly/Cotton-$17.79 Lt. Blue Short Sleeved Shirt-Poly/Cotton-$16.79 Lt. Blue Long Sleeved Shirt-Poly/Wool-$26.95 Lt. Blue Short Sleeved Shirt-Poly/Wool-$25.95 Tan Tropical Trousers-S19.25 Tan All Year Trousers-S18.64 Ankle High Shoes-S58.95 Tan Short Sleeved Shirt-Poly/Wool-$25.95 ,~ 23.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the bid of Thames Shipyard & Repair Co. in the amount of $9,825.00, plus $50.00 each for zincs, for drydocking the MV MUNNATAWKET, plus the following costs for supple- mental work as may be found necessary or required by the-U.S. Coast Guard when the vessel is in dry dock: '(1) Removal of shafts and guaging for accuracy - $1,600.00 each; (2) Renewal of strut bearings - $1,000.00 per bearing plus shaft removal; (3) Repack stuffing boxes - $500.00; (4) Crop and renew hull plating- $30.00 per hour plus $.50/Ib. material; (5) Install antifouling cutting spurs - $1,200.00; and be it further RESOLVED that the Board of Commissioners be and they hereby are authorized to enter into a contract with Thames Shipyard & Repair Co. for accomplishing work per specifications. 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. SUPERVISOR HARRIS: At this time we have our regularly scheduled public hearings. The three public hearings, that we have on tonight, deal first with the Local Law in Relation to Mooring Permit Fees, a second a Local Law in Relation to Sewer Rents, and a third a Local Law in Relation to Change of Zone Petition Fees. l~Ved by CouncilWoman I~a'tsOn,- s~conded by ~Councilman Penny,' 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 8:50 P.M. - : SUPERVISOR HARRIS: We'll go back to the normal agenda. 24.-M~ved-byT~-~0~-n'c'i~i~0'~i~'~- Latson, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of SoutHold hereby ~ccepts the bid of Arshamomaque Dairy Farm, Inc. for providing the Southold Town Nutrition Center, Greenport, with 1/2 pints of Homogenized Pasteurized Milk for fiscal year 1991, at a cost of $.22 per 1/2 pint, all in accordance with the bid.specifications. 24.-Vo{eOf the Town Board: _Ay_e~: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva,.";Councilman Penny, Justice Edwards, Supervisor Harris. · -This 'resolution was~'declared duly ADOPTED.-. ...... :~. 25.-Moved by Justice Edwards; seconded by Councilman Wickham, it was RESOLVED that the Town Board Of the Town of Southold hereby accepts the bid Of Oak Street Trucking, Inc., Cutcho~ue, supplying 10,000 yards of soil, more or less as may be needed, for covering purposes at the Southold Town Landfill, Cutchogue, at a cost of $3.92 per yard, all in accordance with the bid specifica- 25.-Vote of ~he 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 Wickham, seconded by Supervisor Harris, it was :RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of A~]way Energy Products, Riverhead, for supplyinc, I the Town with Gasoline for Fiscal Year 1991, at a price which will be plus $.0300 per gallon over the Long Island Tank Car Consumer Rack Price, as posted daily in the Journal of Commerce under the Northville Industries Corporation listing. NOVEMBER 13, 1990 183 26.-Vote of the Town Board: Ayes: Councilman Wicki~am, CouncilWoman Latson, Councilwoman Oliva~ Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of A~tway Energy Products, Riverhead, for supplying the Town w~th Diesel Fuel for Fiscal Year 1991, at a price which will be plus $.0399 per gallong over the Long island Tank Car Consumer Rack Price, as posted daily in the Journal' of ;Commerce under the Northville Industries Corporation lising. 27.-Vote of the Town Board: .Ayes: Councilman Wickham, .Councilwoman Latsoo, Councilwoman uIEva, ~ounc-i-lmwn Penny, Justice E~lwac~lsr 8/4tO~i$orHarr~s. ~8.-Moved by Councilman Penny, secor~ded by Justice Edwards~ it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Agway Energy Products, Riverhead, for supplying the Town with Heating Fuel Oil for Fiscal Year I991, at a price which will be plus $.0399 pe~ gallon over the Long Island Tank Car Con~J~mer Rack price, as posted daily in the Journal of Commerce under the Northville-Industries Corporation listing. 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. 29.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Superintendent of Highways to purchase from the Suffolk County Department of Public Works, Letting No. 37-90.9,6, One (1) new latest model in current production 12 ft. Spreader (Item No. 22), for the amount of $5,843.00. 29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. ~This resolution was declared duly~ADOPTED. 30.-Moved by Supervisor Harris, seconded by Justice Edwards, WHEREAS, there has been presented to the Town Board of the Town of Southold a proposed-~-ocal ~Law entitled, "A Local Law in Relation to Parkinc~ Regulations"; now, therefore, be it RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, November 27, 1990, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin~l on the aforesaid proposed Local Law which reads as follows, to wit: A Local Law in Relation to Parking Regulations BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Section 92-41 (Parking prohibited at all times) is hereby amended by adding thereto the following: Name of ~4reet Side Tabor Road Both Location At Orient, from the southerly curbline of N.Y. Route 25 southerly for a distance of 270 feet. Section 92-42 (Parking prohibited during certain hours) is hereby amended by adding thereto the following: Name of Street Side Between the Location 2e Oaklawn Avenue Both Hours of 15 Minute parking between 8 A.M. and 4 P.M. except Saturdays, Sundays and Holidays. In Southold, starting at a point 300 feet southerly curbline of New York Route 25 for a distance of 552 feet. II. This Local law shall take effect upon its filing with the Secretary of State. 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 Councilwoman L~tson, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby amends their resolution adopted on Auc~ust 14, 1990, authorizing the Town Clerk to advertise for resumes for a provisional Clerk Typist for the Town Clerk's Office, to read: "advertise for a part-time Clerk Typist for the Town Clerk's Office 17½ hours per week, at a salary of $6.50 per hour. 31.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was RESOLVED that the Town Board of the Town of Southold hereby advocates the 18~t NOVEMBER 13, 1990 consideration of Southold Town income eligible residents' for financing by Farmers Home Administration with regard to the Cedarfield affordable housing project. 32D-VOte of the Town ~3oard: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva,, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 33.-Moved by Councilman W[ckham, seconded I~y Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby extends to November 27~ ~sgo, the acceptance of comments with respect to the proposed Solid Waste ~,'la,~=~-o~.-~ ~" ~ r~,-~¢- rt-~,;c ~-,Hrnnmeqf~l Img~ct Statement, in accordance with the written request for a two week extension of the New York State Department of environmental Conservation. 33.-Vote of the Town Boar~: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Olive, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was deck,red duly ADOPTED. ~.-Moved by Councilwoman Olive, seconded by Justice Edwards, it was RESOLVED that the Town Bo~rd of the Tow~ of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the 1991 Juvenile Aid Bureau Grant Application and the ~9~ Southo~d Town Recreation Grant Application. 34.-Vote of the Town Bo~rd: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman O:[va, Council,.an Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Rescinded 12/11/90 by Reso~.~53 3~.-Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold;hereby authorizes and directs Supervisor Scott L. Harris to execute an agreement with the other East End towns to retain Beveridge & Diamond, P.C., as counsel with regard to the ~983 Landfill Law, subject tc the approval of the Town Attorney; and be it further RESOLVED that the Town C~erk be and hereby is authorized to forward a certified copy of this reso]ut[o~ to each of the supervisors of the other East End towns, and to Beveridge & Diamond, 35.-Vote of the Tow~ Board: Ayes: Councilman.Wickham, Councilman Penny, Justice Edwards, Supervisor Har"-is. Nos: Councilwoman Latson, Councilwoman Oliva. This resolution was declared duly ADOPTED. COUNCILWOMAN eL:VA: We were just given a copy of this resolution about 5:00 o'clock this afternoon~ The language of this resolution is not in accordance with thetlanguage of a resolution~ that we have briefly discussed last week, and I have expressed i~ the past my reservations about this whole thing, so I'm voting no. COUNCILMAN PENNY: I'd'like to comment that a very important part of any contingency plan is to have the legal expertise there to help defend your position, and hopefullyhaving a firm with the expertise, that this firm has, as counsel to the Town of Southo]d, we will be able to maneuver through this December 18, 1990 deadline a little easier. [ think it's Very important that we do this. Thank you. SUPERVISOR I~ARRIS: Also, I'd like to make a comment about this. We feel, we have to protect our position with our landfill. There have been a number of experts and members of our Solid Waste Task Force, in conjunction with many of the residents, and certainly people who feel that we're going to be pushed into economic oblivion, if we do not protect the position, that we feel we have, regarding our landfill, and I think we are in a position, that we can not afford not to do this litigation to protect the ,oostion tb~at we have, especially where five East End town, hopefully when we get finished it will be all, protecting their positions, that, they have with respect to this 1990 Landfil clesin9 (tape change.) COUNCILWOMAN LAT$ON: I thought Iong 'and hard about the resolution to litigate the DEC on the Lon9 Island Landfill Law, because as recently as last week Commissioner Jorlincj did tell ~he Supervisor, 'that he doesn't have the authority to grant an extention to the Town of Southold, and I made some phone calls to various Senatorial off~ces, as well as to the DEC to clarify what our position is. Senator Johnsort's~Office informed me, that he had, Senator Johnson himself, had Se~t'a letter"t0' C~mr~issioner Jorling Stating A, that they appreciated their willingnessl~ Commissioner Jorling's willi~g~ess to work with the town, and second is that the Environment.a'. Conservation Commission didn't see any additional trucking off Long island, as a viable solution, even to those towns that didn't meet the landfill requirements, and that the Commissioner did have the full authority to write out a consent order to the towns, who weren't in compliance. In conversation with representative from ©wer~ J~hnson's office, and Marine's office, and the DEC, they're rather emp~..h~tk~lI¥; that the wholesale landfilling on Long Island is pretty much out ~'f-the picture, even within the State of New York, and nationally, that landfills are going to be closed down, and the plus 360 regulations, I spoke to,hem regarding unlined landlfilis, that deal with design constructions, and regrading of landfills off Long Island. Even off: Long Island corporate leased single or double lined landfill, and they said, that you have to understand that a no liner design criterion for lanc~fills is below ~nything acceptable in any town anywhere in the State of New York. Huntington, Oyster Bay, and lslip have taken the State to NOVEMBER 13, 1990 court on landfill closures fo~~ variou's--r~.~tbut;;some including Oyster Bay are in contamination of their aquifers, so I was told, and they've all lost. Brookhaven is working under an order of consent currently, and has made provisions to deal with Hempstead. Smithtown and Huntington are building a burn resource recovery as we all know, and will use a double lined landfill through the fall of 1991. Babylon and Islip are both well on their way, and all towns on Long Island, other ~l~ian the~ four on the East End, are working out into muncipal agreements. It is m~) feeling that the Town of Southold has to do the same, and that the Legislature can, and they said that they will grant extensions, but will do so for the towns operati'ng in good faith, meeting individual or' collectiVe,~gr~m~t~'~h~*e,~o~b~- sought. During our legal counsel interviews held by the Board, the attorney stated he did not see a successful suit based on an a~ack of the law. He said the Town is in difficult poSition.of noncompliance, and he has not filed for an extension. He, also, s~id.that time ';s v~ry short, and a win situation for the Town would be an allowance of continued waste~ disposal at the landfill, while working out a solution, e~ther individually or correctively, to meet the lawns requirements, and he'd, also, be capable of negotiating an order of consent. The Legislature can grant the Town's extension, as I said. If this resolution were worded that we would work out hiring the attorney for intermunicpal agreement, or we would work out an order of consent, or we would work out a best solution to meet the requirements of the Law, I probably would have supported it, but I don't advocate suing the DEC on the Law. I said I would advocate dealing with our Senatorial and Legislative leaders to minimize the cost, because we are in a situation of non- compliance, and to work with the Town of Brookhaven, who has always, and repeat- edly stated that they are willing to work with the Town on a regional approach. I frankly see this as a waste of taxpayer's money, if we sue them on the Law to reach unattainable goal, which I don't foresee the Law being modified to any great extent. Thank you, Scott. SUPERVISOR HARRIS: Let's move on to the next resolution. 36.-Vote of the Town Board: 36.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of New York Tire Recycling Co., Deer Park, to remove any size tire, on a rim or off, from the Southold Town Landfill Site, at a cost to the Town of $700.00 per trailer load, for the period from December 1, 1990 to December 31, 1991, all in accordance with the bid specifications. Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards,. Supervisor Harris. This resolution was declared duly ADOPTED. 37.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was RESOLVED that the Town Baord of the Town of Southold hereby accepts the bid of Franza's Universal Scrap Metal, Inc., Farmingdale, for the removal of all Scrap Metal deposited at the Southold Town Landfill Site, Cutchogue, during the period from January 1, 1991 through December 31, 1991, all in accordance with the bid specifications, at the following prices: (1) $4.86 per ton to be paid by the Town to Franza's for the removal of all white goods and all light metal; (2) $5.86 per ton to be paid by Franza's to the Town for the removal of heavy metals, cast iron, motors, boilers and heavy steel; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to execute a contract between the Town of Southold and Franza's Universal Scrap Metal Inc. for the removal of the Scrap Metal, subject to the approval of the Town Attorney. 37.-Vote of the Town Board: Ayes: Councilman Wickham,~ Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 38.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute an Intermunicipal Ac~reement for the establishment of the East End Recycling Cooperative at no cost to the Town of Southold; said agreement is subject to the approval of the Town Attorney. ~38.-Vote of the Town Board: ' Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 39.~Moved by Councilman Penny, seconded by Councilwoman Oliva, WHEREAS, the Planning Board has advised the Town Board that the performance ~luarantee for "The Woods at Cutchoc~ue" (Bond ~092179 in the amount of $319~680.00) is due to expire on November 17, 1990; and WHEREAS, the Planning Board has further advised the Town Board that the con- struction of the public improvements guaranteed by the aforesaid bond has not been completed; and WHEREAS, a request by the Planning Board to the developers to extend the guarantee has not been complied with; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby authorizes the Supervisor to present this resolution to International Fidelity 18~ NOVEMBER 13, 1990 InsurAnce Company, drawing on the Performance Bond~in an amount to be deter- mined:' after inspection by the Town's Engineering InspectOr, to d~termine the work yet to be completed; ; AND BE IT FURTHER RESOLVED that in the event an extension to the Performance Bond is received by the Town Clerk prior to 12 Noon on November 16, 1990, the Supervisor is directed not to'present this resolution drawing on this bond. 39.-Vote of the Town Board: 'Ayes: Councilman Wickham, Councilwoman Latson, C~c-~w~-a~ b-~-v~,, ~-un~i'i-man Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED~. SUPERVISOR HARRIS: Now, the Town Board would like to move on the public hearing, we had on "Local Law in Relation to Mooring Permit Fees." We need a motion. 40.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 25 - 1990, entitled, "A Local Law in Re~atibn to Mooring Permit Fees was introduced at a meeting of this Board held on the 10th day of Octobor, 1990; and WHEREAS, a public hearing was held thereon bY this Board on the 13th day of November, 1990, at which time all interested persons were given an opportunity to be hoard thereon; now, therefore, be it RESOLVED that Local Law No. 25 - 1990 be enacted as follows: LOCAL LAW NO. 25 - 1990 A Local Law in Relation to Mooring Permit Fees BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 32 (BOATS, DOCKS AND WHARVES) of the Code of the Town of Southold is hereby amended as follows: 1. Section 32-39.2(B)(3) (Anchoring and Mooring in West Harbor and Hay Harbor) is hereby amended to read as follows: (3) The following fees shall be paid for the issuance of a mooring _pormit: Size of Boat Up to 25 feet 26 feet to 35 feet Ovor 35 foet All nonresidents Permit Fee $ 2Q.00 $ ~o.oo '$100.00 $200.00 'll;-TT'his-L-ocaI-Law Shall-take effect upon its filing with the Secretary of State. 40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson, Councilwoman Oiiva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: -'The "Local..law in Relation to Sewer Rent" I'd like to hold that for two weeks, in order to get further comments, possible from the residents Of the Island before we deliberate on--that. We're just going to hold that, not make a decision on that, so that we have more .time for information, and the third public hearing, "Local Law in 'Relation of Change of Zone Petition Fees", we'll move that ---__resolution. ~ .. ~,-- -' .... '- 41.-Moved by Supervisor Harris, seco'~ded by Councilwoman Oliva, WHEREAS, a proposed Local Law No. 26 - 1990, entitled, "A Local Law in Relation _.to .Change of Zone Petition 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 13th day of November, 1990, at which time all interested porsons were given an opportunity to be heard thereon; now, therefore, be it RESOLVED that Local Law No. 26 - 1990 be enacted as follows: ............ LOCAL LAW NO. 26 - 1990 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: ::,5:.--J.;-,'~J~hapter. 100 ~ (Zoning) of the Code of.the. Town of Southold is hereby amended as follows: -1.' Section 100-291 (Fees) is hereby amended to read 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 o ~ --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 100-55(B)(5)(g). 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 Latson, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Before we go out to the audience, is there any member of the d~is, that would like to make any reports, any Councilman report, or any- thing? Otherwise I'll go out to the audience for any member, that would like to address us on any concern that they may have. COUNCILMAN PENNY: I would, Scott. In relation to some comments on Resolution #35, the Town Board has not made any decisions to sue anybody. The decision, that was being made to retain Beveridge ~ Diamond was as counsel in regard to the Landfill Law. We clearly discussed this in our work session. We clearly discussed this at our meeting with the Attorney, and he was not even prepared to tell us what direction to take right now, ;and I really don't understand why the comments went in that direction, when it was our clear understanding, and it's right here in black and white, that we are not preceeding on any litigation in any form. We're hiring a counsel, so we can do some background legal research, and then make recommendations to us. Another thing, that has really got me confused is one of things in 1989, that I was an advocate for, was number one, a smaller, if neccessary, compostin§ plant, because ~ projected after researching and Ray Edwards agreed with me, that the composting plant, that was proposed by Southold Town was three to four timesbigger that it s~hould have been, and number two, that we did not have an application as was requested from us by the DEC for a double lined landfill. Had we pursued both of those applications, the Town would have had other alternatives. The lined landfill, and I have the letters to prove it, we could not have operated the composting plant without it. When the composting resolution went down by the voters, by a very wide margin, the Town was left with no contigency plan. Had we had a double lined landfill in the works, it would have been in place now, and all of this would not be going on. We'd be in the same position as Southampton Town, and believe you me, I just find it hard to believe some of these comments popping up tonight, because I brought this up at so many meetings, and it actually got to the point where I wasn't iust corrected, I was screamed at by some Town Board members, that we don't need this, the engineers tell us we don't need this, we don't need this, what are you talking about, what's going on here? Well, here we are, and it seems like the position is changed, and all of a sudden we should have had this double lined landfill right alon9. Well, God knows I wish we had, and if we had pursued that application we would not be in the state we are now. COUNCILWOMAN LA.TSON: Then, why has our Task Force recommending a no liner? COUNCILMAN PENNY: If we had one going, EIlen,~the Task Force wouldn't have had to deal with this. SUPERVISOR HARRIS: Councilman Wickham? COUNCILMAN WICKHAM: I'd like to report, briefly, on the results of meetings with the Task Force, and on results of meeting of the Planning and Zoning Committee, a standing committee of the Town Board. Task Force has made several recommendations in the last two weeks. One of them is to ask the Town Attorney's Office to prepare legislation, to prepare the ordinances for mandatory recycling, which could be put into practice early in 1991. Town Board discussed it today. We don't have a clear date in mind, but we are asking for that legislation to be prepared, and to be discussed at the next meeting of the Town Board. In addition to that legislation, we're asking for legislation to deal with waste reduction by declining to accept at the landfill, that material that could be disposed of other ways. Most of this material is construction and demolition debis, landclearing debris, and other commercially derived waste. The Task Force has repeatedly proposed handling both the waste reduction, and the mandatory recycling in ways that would greatly economize the amount of material coming into the landfill. Thirdly, the Task Force has addressed ~the question of whether or not permits should be re- quired for people, who would like to come to the landfill to drop off just recyclables, The Task Force has proposed that, and recommended to the Town Board that residents of the Town be able to do that. At today's work session we discussed that at some length, and found that there were a lot of problems with that. Problems of .enforcement, problems of management at the landfill, and problems that it's not consistent with the Code, the way the Code is written, and we were left at this time, unable to make the changes, that Task Force had proposed. We, also, felt that the great majority of people, who would be bringing their recyclables to the landfill, would in most all cases be bringing their garbage with them, anyway, which would always require a permit. So, at this time, the Town Board is not able to act affrontively on that proposal. We passed a resolution tonight proposing an inter-municipal plan, which is to be conducted with the six East End towns, five plus Brookhaven, and this will establish a cooperative for helping to dispose of recyables. The cooperative with equal voting power among the various towns here in the East End, and woUld be carried out in conjunction with the East End Recycling Association. The Task Force has, also, addressed some of the financial questions of landfill. We have tried to estimate the cost of the recycling program, a more active recycling program in 1991, and questions of how that might be financed, whether for example, user fees, for people who bring garbage t~ the dump, could be used, or whether it should come out of general tax revenue. We 188 NOVEMBER 13, 1990 will, also, be looking at the possibility of forming a district within in the Town, or districts, to carry the prdblem'of garbage. Finally, we have addressed the legal question, which my ~.l~legues on the Board have addressed tonight, as to whether or not, we should engage legal counsel. The Task Force discussed this at some length, and concluded; generally, that it would be prudent for the Town to have some legal help beyond that provided by our esteemed Town Attorney, and his Office, because we feel that the financial implications to the Town are so enormous, the budgetery costs are so huge, that it would really be in effective, irresponsible not to address some way, legal ways, that might be found to minimize this. That doesn't mean we're about to sue the DEC. I'm not sure that we could, or should, but we feel that it would be highly appropriate for t'he Town to get every shred of legal support it can, as we face these enormous costs, that are coming down the road. I might,~lso, mention that we're 'doing this in conjunction with other towns. That's one of the reasons why it has been delayed this long, is that we're not acting unilaterally, but rather trying to include other towns at the east end, who face the similar problems, that we do, so as to draw us together,' to finance the cost to cross a broader base, and also, to get greater impact with this effort, so we believe we need advice, and which the purpose of hiring legal counsel is to get that advice. I'd like to turn now to the Planning and Zoning Committee, very briefly, and say that I think many of you have heard that the Town has been considering an Architectural Review Board. That proposal was first made by the Planning Board, who felt that a separate Board dealing with architec- tural review of the town might be appropriate. The Planning and Zoning Committee looked at it carefully over a series of meetings, and concluded that rather than establishing a Board, it would be better to establish an advisory committee to the Planning Board. The Planning Board already has authority for architectual review,, and an advisory committee to the Planning Board could be required to accomplish it's reviews within the same time frame, that. the Planning Board already has for acting upon site plan applications. In other words, an architectural review would not add any additional time to those applications, or financial expenditures. That proposal was discussed, also, 'in the'work session today, 'and the BOard without specifically endorsing it, asked that it go to the Legislative Committee for further consideration, and presumably the refinement of language, that would be needed for eventual consideration of the local law. I think many of you are aware, that the North Fork Environmental Counsel has proposed to the Town a series of concerns and actions dealing with the Mattituck commercial corridor on Route 25, and that proposal will also will be taken up by the Planning and Zoning Committee at it's future meetings. Finally, I'd like to just mention, that as Chairman of the Planning and Zoning Committee,-the importance of Zoning Board of Appeals. That is one of _the key Boards in this Town, and one that has rendered a very distinquished ani:l important Se'~vice. :~:~'There~is. now a vacancy on that' Board, and I'm sure colleagues on the Board would join me in asking you to go and help find the ~".mQ~t. highly qualified candidates:, 'who would like to express an interest for working '0n'"this Board in the coming years. The Town g~overnment is basically made up of people, who work on it, and the highest caliber, the highest quality people will certainly enhance th.e_ working of all of these Boards related to Planning and Zoning. SUPERVISOR HARRIS: Thank you, Councilman Wickham. Is there any member _of the audience, that would like to address us on anything? COUNCILWOMAN LATSON.' Can I just say something, Scott? First of all, George, ti'just want respond' to what you"said about; .on several points. I, spoke with the DEC regarding the Daneco application within the past week, only to ascertain what was .the status of the application, and along with the other Legislative offices, and what would the Town's position be, if we have the plant, because perhaps we wouldn't have been in any better';situation. My answers were as follows. There were two major factors, that held up the final approval of the Daneco permit. One was a comprehensive recycling plant, which has since been submitted by D & B, and another one was variance on the plant distance setback's requirement of the ~"plant itself from adjacent homes, etc., and so forth, and a variance can only be , granted by the Albany office, and it can be denied by the local office. The local ~'~ffice did no't 'deny the vat;iar~ce. Th.~yforwarded it to Albany. Since then, the bond resolution fell, and the application has been sitting there, but it isn't closed, and it is by no means closed at this present day. The Town hasn't chosen to pursue it in any means at all to my knowledge. Also, the question that Omni was proposing to build a plant in Riverhead, also, struck me because here we were a town with an application on board, and that's what led me to inquire about the status, but, you must keep in mind, that Riverhead now is proposing a composting plant, and has no lined landfill. The DEC is considering hearing their application, and processing their application, and it's .not' requiring a lined landfill. In my conversations with these various offices said, A, that the Town of Southold would have the plant going through, would be in a much better position. A, we'd be ~ ~, rev~.~ ~ece~vin~ oostition. B, we'd be a oosition to negotiate ,,,Hth Southamoton NOVEMBER 13, 1990 1819 to use their landfill space, and take their garbage, and we would have a card to hold as far as an extension goes. Now, that my point is, that this Board came in and said that they wourd I~ave a plan0 .and obviously, there is no plan, that meets the mandate. When. it began I kneW, anybody with half a brain could not come up with a plan in a year. Yet, this is what we're told would happen. In the meantime, nothing has been resolved~ arid I am certainly not going to be party to sue the DEC on a law, which can not be won att and if the Town worded the resolution differently, I would have supported it, but this is worded so vaguely, that it's a carte blanche to be interpreted anyway whatsoever. The double lined landfill, I don't know what kind of documentation Councilman Penny has, but it's not a requirement. JUSTICE EDWARDS: My comments on that, opened up the door, and here we go. Okay, the bond act di~l~'tgo through ~with $9~000,000. That was just the tip of the iceberg. Includedin that $9, 000, 000 ~ was almost close to a $1,000,000., that was inherited in. other funds. The lined landfill wou~d have been mecessary, because the composter, that was planned was about 30% volume reduction. You have another 70% to get rid of, but where? You need the lined landfill. I think it's just a bunch of sour grapes. The bill went down, and we're working. What our plan was...what our plan was at election time, was to save the taxpayers money, and that's what we're doing. ~Thank you. SUPERVISOR HARRIS: Ellen, I feel compelled to at least respond to, at least one comment. We do have documentation, and further documentation does exist, also, in the part 360 regulations. Let's say, if we did have a resource recovery facility such a compost facility, then in conjunction with thatr you do need a lined landfill~ in order to have one or the other. Obviously, what's happening in Southampton, they have a lined landfill, but they can only use it for enterim basis one year or two years at the most, and then they have to take it from their lined landfill, and then go to a resource recovery facility. Riverhead has been the suggestion by the DEC. If you look at our plan, the eleveoth_hour planf that the DEC has presented, which has changed drastically 180 degrees the first proposal, that they came up with, and you'll to bring it's garbage to Brookhaven for two years, or our recycable materials, also. On a long term, we're in the last two months from see that Southold is asked less, and then we're supposed supposed our raw garbage to Riverhead. However, bringing the raw garbage to Riverhead for a compost facility, also, includes trucking to Brookhaven lined landfill, the untreatable waste, so you do need a lined landfill, and then trucking the burnable, treatable waste, which can not be treated to a compost facility, somewhere up island. I see massive trucking here. It's obvious to me, that a lined landfill, and the documentation does exists, and you have to have both in conjunction. How Riverhead is going~ to proceed with whatever compost facility, if it goes in that direction, is to be determined, but certainly there has be a lined landfill. It's evident in our plan, that has be provided by the DECw if you want to call it a Long Island management plan that just came forth. This Town is in no position right now to make any ~l'.ecisions until we have finished now our SEQRA process because the DEC has. as late as last week, hadn't had time to review Solid Waste Management Draft Generic Env~ironmental Impact Statement, although they've had it for over a month and a half. They've asked us to give them two more weeks to, please, be able to digest our management plan, so they could make comments on it. This Board tonight, as you saw, granted that two week extention, which in fact now is a comment period of two more weeks for anybody to respond, including the DEC, which has asked us to work with them. We are working deligently with them to give them time to respond', hopefully, with comments that we can use to the benefit of Southold Town w and at that time, when this Board will move in a direction, such as the people feel is prudent, economically as well as environmentally. I'd like to go to the audience for any member, that would like to address us. FRANK CARLIN: I won't be too long. It's getting late. Just a short response on the alternate plan. It looked good, but the only problem is, I think what happened 'there, you put the cart before the horse. Anyway, I understand that you're considering a resolution on small businesses in homes, to conduct small business in a home, like doctors, and lawyers. I seen it in the newspapers a few weeks a ~o. SUPERVISOR HARRIS: I think that's in the Legislative Committee, and it's being worked on, as far as i know right now. They're trying to formulate a way..home occupation. FRANK CARLIN: Okay. One thing I'd like to comment on, that is you mentioned in there, and I believe George Penny, and I agree with him..I agree with you once in awhile. It says in there, that doctors; lawyers, dentists, and professional people, l, also, feel you should also consider the craftmen, handicraft, like carpenters, elec~r~i~ians, mechanics. It should be equal. 1§~) NOVEMBER 13, 1990 FRANK CARLIN: Because if you do that, I think you're going in the right direction, providing they'.~e qualified, and. they operate within reason. I believe they should be able to operate their businesses... SUPERVISOR HARRIS: That's the direction~ the Legislative Committee is moving on. FRANK CARLIN: Back 1956, when I come out of the service, I opened a TV shop, in my home, and the town come along, and saw the sign out there, and said you can't do it there. Zoning, it's a~lainst zoning, I know, so I said, okay. I went and got myself a lawyer, ~nd I stayed open for ten years, and that's when I retired. I went to Grummans, and stayed there for thirty-three years, and now I'm retired again, and I don't want to do it. Anyway, I read todayiin the Newsday, that the landfill dumping fees, you're considering an increase from $2.00 to $25.00? SUPERVISOR HARRIS: That's a user fee for a permit. Yes. FRANK CARLIN: That's a user fee? I don't think it said that. The only thing it said was landfill dumping fees. I didn't think you were going increase my fee of having a permit, or whatever is, from $2.00 to $25.00. Is that what it is? SUPERVISOR HARRIS: If you had a $2.00 permit, that is called the user fee for those self-haulers, that go to the landfill. FRANK CARLIN: You know to jump from $2.00 to $25.00 is a lot of money. COUNCILWOMAN OLIVA: Fifty cents a week. ...... ~ ~'- ~ ~ ..... FRANK CARLIN: Fifty cents a week is a lot of money. That's still $25.00, and when you figure out, you pay taxes, and part of your taxes go for the upkeep of the landfill, and now you want ~the ~ ' people to pay $25.00 increase for a fee. That's a lot of money, especially like me. I might use it once a year. If I don't have the $25.00, then I don't buy a permit, then Idon't go down.. -That is a lot of money. SUPERVISOR HARRIS: Mr. Carlin, 't,here is a single entry fee of $2.00, if you only go once a year, rather than take the $25.00 permit, which you could utilize and you could go for _the $2.00. when .you go in there. Each time you go in you have to pay. It's a single entry fee is what it's called. FRANK CARLIN: I might go five times. Who knows? It's the same thing though. What I'm saying, is you keep adding these fees on. Fee, fee, fee, fee. You'll have the people bankrupt there. SUPERVISOR HARRIS: Mr. Carlin, Town Attorney Harvey Arnoff would like to respond first, and then Councilman Wickham would like to respond after that. TOWN ATTORNEY ARNOFF: I thin~ one of the things the town is trying desperately to do is avoid iust that thing, as far as bankrupting the citizens of the town. I think if you look at strict informative with the Long Island Landfill Law, that very well could be the result. I think that's what the Town .Board, as a unified force, is attempting to do. Forgetting about politics, it's a political issRe, but if we can .throw politics to the wind; for a moment, I think you're really talking about something that is very diffii:ult to act fiscally responsible when you're dealing with fiscally :irresponsible legislation, which we're bound to comply with. That's a bunch of legal gooble-gook, but I think you know what I'm driving at. It's very difficult. Sure, the fees are going up in an effort to fund this in some other way, other than raising the taxes to the general .population. For example, yourself, you might go to the dump..l'll use myself as an example, I may go to the dump two or three times a year.. I'm not going to buy the $25.00 permit. I'll pay per time. That's my choice. I can save the money, and some way or another avoid the additional cost. But not withstanding that, you know, that's really where~the Board is heading, and that's some of the underlining purpose behind the legislation, a change of fees. COUNCILMAN WICKHAM: I'd just like to respond briefly. The Town Board hates to have to put in these fees. I think everyone of us feels exactly the same way, but we face the prospect of incurring costs on the part of the town, of up to $2,000,000. a year, if we're going to comply with this legislation from Albany. How are we going to finance that? We don't have the luxury of running a big federal deficit like the United State Government. Somehow, we have to recoup those costs each year. _~We.hate to have to do this, but we felt increasing the fees for people, who come into-the ~dump for fifty ;cents a week, is just one w~¥, and even that, is hardly going to close that gap. 191' .NOVEMBER 13,~ 1990 FRANK CARLIN.' I understand, but the thing is, you know, we're not even.. we haven't even resolved our main garbage problem. How much will that cost us, the homeowner? We haven't ~ven-started, With that, and now we're already increasing the fees to $25.00, you know. That's lille I said, I pay and all the people in Southold Town out of theifi~axes goes to supporting and maintaining the landfill. Yet we have to pay $2.00 to $25;.00. If yOL~ went to $5.00 fine, but not to $25.00. The issue here was awhile back with Fishers Island, going from $175. to $500. When you jump, you jump too quick. It's too much. You're increasing fees here. You're increasing fee there. Every place you look you see fees. Myself, I don't know about the people in Southold Town, how much longer they are going to stand for this. One more thing, I want to say something that might not ,go very good tonight, but I'm a man I speak what's on my mind. Tom Wickha~, you Said before that you're looking for qualified people to fill the opening on the Boa'rd of Appeals, and you specified qualified people, and I agree with you ~on that. They should be qualified. SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there any other member of the audience, that would like to address the Board on any issue? Yes? KATHLEEN PALEY: My name is Kathleen Paley, and I'd like to know what the status is with the McDonald's application, whether it is in, or it is out? I was at the last Town Board meeting, where Mr. Wickham said that the NFEC recommendation would be given considerable thought, and then I read in the Thursday paper, that you had your own ideas on that. That was on Tuesday night, and then I read this on Thursday morning. I wondered why that wasn't discussed at the meeting Tuesday evening. It was on the proposal on the McDonald issue, I wondered why it wasn't discussed when we were all here at that meeting. SUPERVISOR HARRIS: That happened after the Town Board meeting. That was sent out at the end of that week to the Departments, based on what had transpired since January of '89, and also, based on comments. KATHLEEN PALEY: We were here Tuesday evening. I read it the first thing Thursday morning. It wasn't the end of the week. SUPERVISOR HARRIS: I'm confused as to what week, because it was sent out. KATHLEEN PALEY: It was the same week. SUPERVISOR HARRIS: It was sent out for comments, and it was over a week given, if not two weeks for various department heads to respond to that. KATHLEEN PALEY: What is the status of the application? SUPERVISOR HARRIS: I'll have to turn that over to the Town Attorney. KATHLEEN PALEY: Is it in, or is it out? TOWN ATTORNEY ARNOFF: I'm not certain as to whether they...you'd have to check with the Planning Board. I don't know whether they've done that. The Planning Board acts independently. Each Board acts independently, unless they have a legal question, they certainly would not take it up with out Office. So, I can't answer your question. If you'd like to give me a call somewhere around noon tomorrow, myself or Mr. Kiernan..l'd be glad to,- answer your question. KATHLEEN PALEY: I feel that we should be allowed to know. TOWN ATTORNEY ARNOFF: You are. Under freedom of information, any one of you can contact anyone of the Board in regard to any application, and be given that information. I just personally don't have that at the moment. By the way, just to answer your question in regard to the first thing you asked Supervisor Harris, after the Tuesday meeting, I believe it was Wednesday morning, and my chronology off, if it's off it's off by one day, a letter went out from Mr. Harris' Office to all the Department heads asking for imput,, directly as a result of the comments, that were made Tuesday night. I believe what had happened was, there was a comment made by Mr. Wickham in regard to the Planning and Zoning taking some part of this with the NFEC, which all crossed one another, and one was not aware. Mr. Wickham was not aware that Mr. Harris had sent the letter at the time he made the comment, and vice versa. It was like that, and that's why there was some conflicting things in the press. It's not the press' fault, it's just that it looks like different things were happening, and they were all happening at once. 192 -' -- NOVEMBER 13, 1990 KATHLEEN PALEY: I was here at the meeting, and I went l~ome with one feeling, and then Thursday morning I read something else. TOWN ATTORNEY ARNOFF.: I don't think it's inconsistent. I don't think the position the Town is in consistence with What happened at the meeting on Tuesday. KATHLEEN PALEY: So, no one here knows if the application is in or out? TOWN ATTORNEY ARNOFF: The application is not made to the Town Board. It's made to the Planning Board. KATHLEEN PA. LEY: But you people, the leaders of our town, must know if it's in or not, especially being such a big issue as it is. TOWN ATTORNEY ARNOFF: I can't answer that question. I can answer it tomorrow morning. I'll give you an answer first thing. The Planning Board was here earlier, and had ! known you here, and you wanted that information, I would be glad to give it to you. KATHLEEN PALEY: When I was at the last meeting, I left thinking this would be discussed tonight, at this next meeting, which is why I am here. SUPERVISOR HARRIS: The application, as far as I'm concerned, is still pending. We don't follow it on a daily basis, because every day something changes within that autonomous Board, and the same with the -Zoning Board, where there is also, I understand, application has been received. It changes on a weekly basis, and we don't follow it on a weekly basis. Due process is taking place. The Town is totally removed from that process, which Counsel has mentioned to you, has been given that priority to go through, such as every other application that's applied for. TOWN ATTORNEY ARNOFF: Thanks to a member of the press, who gave me a copy, tonight's agenda..I can't do anything more recent than tonig.ht's agenda of the Planning Board, there was an application for Site Plan Approval State Environ- mental Review Act, and designation of lead agency coordination on behalf of McDonald's proposed site plan, so that application is pending before the Planning Board. That's a conclusion that we can all safely draw, as a result of the resolution which._was put before t...be l~lanning Board, tonight, at their meeting. COUNCILMAN WICKHAM: I'd like to comment very briefly. At the last meeting, ! expressed interest in pursuing the NFEC proposal, and I think the Town will start doing that this week. That doesn't mean that (tape change.) KATHLEEN PALEY: I thought that they were going to have favorabl~ consideration with that proposal, and then when I read in Thursday's paper, that the Supervisor had submitted his own proposal. SU'PERVi~OR HARRIS: It's 'different. My proposal dealt with the Master Plan since January of '89, going to all departments asking for problem areas throughout the town to get imput,so we. can Correc~-.~some:.of these, areas,su~:h as things happening, regarding even the appli~ati~n:,~"~hat C~'me in ~he're ~'~y drive in,' 0~' d'rive through restaurants, and that's what I had asked for from all departments. It was in conjunc- tion With,' certainly~the NFEC had put. forth a proposal, which we dealt with today, as a matter of fact, and Town Board assigned that to Zoning and Planning, to further look into, and to work with. ' So it is ongoing, and we are looking into various proposals, that are being made available to us, to work on a scenario, that we feel will benefit the Town in the future. KATHLEEN PALE~Yi-'So,~:"the--:-application is still in then.~? TOWN ATTORNEY ARNOFF: Yes, I think it's safe to say, ! will tell you it's definitely in, as a result seeing what was before the Planning Board tonight. FRANK CARLIN: Scott, to my knowledge, today they're removing some trees from that area there, as of today. TOWN ATTORNEY ARNOFF: That's not McDonald's. SUPERVISOR HARRIS: Is there any other member of the audience, otherwise I'll entertain a motion to adjourn. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the Twon Board meeting be and hereby is adjourned at 9:40 P.M. Vote of the Town Board: 'Ayes: Councilman Wickham, Councilwoman Lat$on, Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared~ duly ADOPTED. ~--Judith T. Terry ~ $outhold Town Clerk