HomeMy WebLinkAboutTB-02/27/1990322
SOUTHOLD TOWN BOARD
FEBRUARY 27. 1990
WORK SESSION
Present: Supervisor Scott L. Harris, Councilman. George L. Penny IV, Councilwoman
Ruth D. Oliva, Councilman Thomas H. Wickham, Town Clerk Judith T. Terry, Town
Attorney Harvey A. Arnoff (2:00 P.M.), Assistant Town Attorney Matthew G. Kiernan--'
(2:00 P.M.). Absent: Councilwoman Larsen, Justice Edwards (ill).
9:20 A.M. Edward Dart, President of the Tree. Committee, and members Ronnie
Wacker and Ural Talgat, met with the Board to discuss their progress and proposed
projects. Mr. Dart, speaking for the members, said their aim is to cultivate an
awareness of value of how trees benefit the community, and in doing so to develop
a Tree Ordinance. They would like to obtain Tree City designation for the Town,
and provide an annual plan for maintenance of Town trees, and annual street tree
planting project. They would like to have the: 1990 Arbor Day obsePvance on the front
law of the Town Hall. For the tree planting project they would like to work on Route
48 and Route 25, the chamber area at west Greenport, and the entrance to the
Landfill, Cutchogue. Mr. Dart and his committee will meet with the Zonir~g ~nd
P~anning Committee and Superintendent of Highways to re¥iew the preposed
?~rdir, ancer after First meeting wi'th Assistant Town Attorney Kiernan to re, fi~:s
of the' sections.
10:05 A.M. - Police Officers John Baglivi and James Ginas provided the Town Board
with a demonstration between the currently used pelice revolver and the 9 mm
automatic pistol they would like to see issued to the Southold Town police officers.
They emphasized that the weapon of choice by the criminal element is automatic and
semi-automatic weapons.
10:20 A.M. Garrett Stranq, Architect, met with the Board to ask for their advice
on the color selection for the exterior covering with respect to the Police Headquarters
renovation and insulation. --
10:25 A.M. Don Cullen, President of Vantaqe Oil, his attorney Michael Sahn, an(
John A. Licata and William M. Tyree of Tyree Brothers Environmental Services, Inc.,
met with the Board to discuss the H2M environmental assessment report with respect
to the Carey Tank Farm. Mr. Licata reviewed the H2M site sampling and analysis
report. He said they are going to take the tanks down and dispose of the
contaminated soil. The site must be brought up to DEC standards. Mr. Cullen said
the proposal had been to sell the site as is, but if they are going to take down the
tanks there must be an adjustment to the price proposed in the unsigned contract
($450,000). He asked for a two month extension to do theclean-up and come back to
the Board and again discuss the sale of the property. The Town Board advised they
would rescind their resolution of November 1989 authorizing the contract of sale, as
a new contract would have to be drawn with new conditions and perhaps a new sale
price (see resolution no. 36).
11:30 A.M. - For Discussion Items: (1) Proposed "Local Law in Relation to Garbage,
Rubbish and Refuse" to_-Jncrease tipp~ing.,fee from 1¢ a lb. to 2¢ a lb.--Hold to discuss
with Councilwoman Larsen at 7:30 P.M. meeting. (2) Request from Village Commons
Health & Racquet Club for Town Board to waive their $1,000,000 insurance requirement
for use of Town roads. Town Board has a policy to require the $1,000,000 insurance
and cannot waive the requirement. (3) Request from Town Historian Antonia Booth
for an increase in her annual salary (hold for executive session). (4) Receipt of
civil service list certifying Claire L. Glew as an Assessment Assistant (hold for
executive session). (5)(6)(7) Discussion relative to amount to be deposited with_~
Town for park and playground purposes for Highpoint II, Sections One, Two, Three.
Board held for receipt of corrected appraisals from Lewis Edson. Later in the da~
when the corrected appraisals were received, the Board made a determination an(~
placed resolutions 40, 41, and 42 on the regular meeting agenda. However, after a
discussion with the representative of.the project, Richard Israel at 3:45 P.M. it was
decided to hold the adoption of the resolutions for further discussion at the March
13th Town Board meeting. (8) Letter from the Greenport Village Board advisin9 the
Village has drawn plans, advertise for and received bids for an office at the
Scavenger Waste Plant, and the subject will be discussed at a joint Village-Town
meeting on March 1st. (9) Proposed policy on discussions with other town boards
(i.e. Planning, ZBA, etc.) The resolution was reviewed and Assistant Town Attorney
Kiernan will redraw same for the March 13th Board meeting. (10) Appointment of
an Assistant Superintendent of Public Works--will be discussed in executive session.
(11) Discussed issuin9 a negative declaration and setting a public hearing on the
Southold Villas, Inc. proposed AHD change of zone at Main Road, Southold (see
resolutions 37 and, 38). (12) Receipt of a letter from Richard Wilton relative to his
proposal for a change, of zone on the ELI Kampqround property, Queen Street,
FEBRUARY 27, 1990 3 2 3
~3re'enport. Town Board has a policy not t0'" discu~ proposals-they wil! be required
to review and hold a public hearing on in the future. (13) Letter from the Town
of I~rookhaven asking the Town of Southold if they wish to issue a letter of interest
for use of their proposed Composting/Energy Recovery Facility (CERF)--(see resolution
39 which lost).
12:35 P.M. - Recess for lunch.
Executive Session
2:00 P.M. On motion of Councilwoman Oliva, seconded by Councilman Wickham, it
was Resolved that the Town Board enter into Executive Session. Vote of the Board:
Ayes: All. Present: Supervisor Harris, Councilman Penny, Councilwoman Oliva,
Councilman Wickham, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town
Clerk Terry.---The Board discussed litigation, and personnel. As a result of certain
personnel discussion, see resolution 44 appointing Claire L. Glew to the position of
Assessment Assistant, and resolution no. 45 appointing James Bunchuck to the position
of Assistant Superintendent of Public Works.
3:15 P.M.
conference.
Councilwoman Oliva left the work session to travei to Albany for ~
3:45 P.M. Richard Israel met with the Board to ask for a reduction in t~e
amount to be deposited with the Town in lieu of park and playground for Highpoint
II, Sections One, Two, Three. The Board reserved decision.
Executive Session
4:30 P.M. On motion of_Supervisor_Harris, seconded by Councilman ~Penny, it was
Resol'ved that the Towr~ Board enter into Executive Session. Vote of the Board:
Ayes: All. -Present: Supervisor Harris, Councilman Penny, Counclman Wickham,
Town Attorney Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.---The
Town Board discussed litigation and personnel.
4:45 P.M. - The Town Board reviewed the proposed resolution for the regular meeting
agenda.
5:00 P.M. - The Board audited outstanding bills.
'5:45 P.M. - Work Session adjourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday,
February 27, 1990, at the SoUthold Town Hall, Main Road, Southold, New York,
Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance
to the Flag. .
Present: Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilwoman Ellen M. 'Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A, Arnoff
Absent: Justice Raymond L. Edwards (ill)
Councilwoman Ruth D. Oliva (conference)
SUPERVISOR HARRIS: The first order of business, a motion to approve the audit
of the bills.
Moved by 'CouncilwOman Larsen, seconded by Councilman Penny, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $157,048.53; General Fund, Part Town
32
FEBRUARY 27, 1990
bills in the amount of $55,799.90; Nutrition Fund bills in the amount of $6,903.03;
Adult Day Care bills in the amount of $468.82; SNAP Program bills in the amount
of $1,055.83; EISEP Program bills in the amount;of $57.80; Community Development
Fund bills in the amount of $817.75; Highway Fund, V~hole Town bills in the amount
of $8,715.03; Highway Fund, Part Town bills in :the amount of $23,814.17; Computer
Capital Account bills in the amount of $23,720.00; Employee Health Benefit Plan
in the amount of $5,871.24; E-W Fire Protection-District bills in the amount of
$110,000.00; Fishers Island Ferry District bills in the amount of $21,810.98;
Southold Wastewater District bills in the amount of $425.42; Fishers Island Sewer
District bills in the amount of $1,009.66; Southold Agency & Trust bills in the
amount of $3,985.40; Fishers Island Ferry District bills in the amount of $114.54.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, --
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the special Town Board
meeting of February 9, 1990.
Moved by Councilwoman Larsen, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the Special Town Board meeting of February 9,1990
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: /~ motion to approve the minutes of the Town Board meeting
of February 6, 1990.
Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that the minutes of the February 6, 1990;' re~lular Town Board meeting
be and hereby approved. .
Vote of the Town Board: Ayes: Cou-ncilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: There will special meeting date on March 1, 1990, at 7:00
P.M., and the next regular meeting date will be Tuesday, March 13, 1990, at 7:30~-"
P.M.
Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that a Special Meeting of the Southold Town Board will be held at 7:00
P.M., Thursday March 1,1990, and the re~]ular meetinq of the Southold Town Board
will be held at 7:30 P.M., Tuesday, March 13, 1990, at the Southold Town Hall,
Southold, New York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS:
4b.
5.
6.
7.
January,
8.
February,
9.
10.
Justice Price Monthly Report for January, 1990.
Justice Edwards Monthly Report for January, 1990.
Justice Edwards Monthly Report for December, 1989.
Cablevision Report ;for November and December, 1989.
Cablevision Report for January, 1990.
Board of Town Trustees Report for January, 1990
Annual Financial Report, Update Document Fiscal Year ended 1989.
Southold Town Police Department, Incident Report, Felony Section,
1990.
Claim Lag Study Analysis, Lawrence Healthcare Administration for
1989 to February, 1990.
Fishers Island Ferry .District, Annual Financial Report.
Supervisor's Monthly Budget Report for December 31, 1989.
II. PUBLIC NOTICES.
N. Y. State Department of Environmental Conservation, Notice of Complete
Application of Suffolk County Department of Public Works to construct leaching
rings and pipeline on Middle Road between Boisseau Avenue and Soundview Avenue,
Southold, N. Y. Written comments to R.N. Thurber, Bldg. 40, SUNY, Room 219,
Stony Brook, NY 11790-2356 by March 2, 1990.
2. N.Y. State Department of Environmental Conservation, Notice of Complete
Application, of Abi~]ail Wickham and John Lockwood to reconstruct existing bulkhead
located off Schoolhouse Creek, Old Harbor Road, New Suffolk, N.Y., Written
comments to Karen A. Munze, SUNY Campus, Bldg. 40, Roon 219, Stony Brook,
NY 11790-2356 by March 8, 1990.
FEBRUARY 27, 1990
325
3. Department of the Army, N.Y. District Corps of Engineers, Application
of Grant Lennox to construct a timber bulkhead in Spring Pond, Gardiners Bay,
Southold, N.Y. Comments by March 12, 1990.
4. N.Y. State Department of Envionmental Conservation, Notice of Complete
Application of Fred Dacimo for Narrow River MarinaLtodredge navigation channel,
marina and marina entrance. Project site is in Long Beach Bay, Narrow River Rd.,
Orient, N.Y. Written comments to R, Thurber, Bldg. 40, SUNY rm. 219, Stony
Brook, N.Y. 11790-2356 by March 9, 1990.
5. Department of the Army, N.Y. DJ-strict Corps of Enqineers, Application
of Thomas Coffin to install a timber float and dredge in Greenport Harbor,
Gardiner's Bay, Greenport, N.Y. Comments by March 23, 1990.
6. Suffolk County Legislature and New York State Assembly, Notice of Public
Hearing in regard to the Suffolk County Water Authority.
7.' N.Y. State Department of Environmental Conservation, Notice of Complete
Application of U.S. Corp. of Army Engineers proposing to dredge Mattituck Harbor
and Mattituck Channal. Written comment to S. Ackerman, SUNY Building 40, rm.
219, Stony Brook, N.Y. 11794 by March 16,, 1990.
II1. COMMUNICATIONS.
1. Joseph Sawicki, Jr., Member of the State Assembly, a letter directed
to the Chief of Bureau of Shellfisheries, regarding Mill Creek and Mattituck Inlet
shellfishing.
2. Wallace C. Mole, of Southold, recommending the incineratio~'~ of garba~
a= a means of waste disposal.
3. East End Supervisors and Mayors Association, a reso!ution in
to the practice of decertifying area waterbodies to shellfishing by the N.Y.S.
Department of Environmental Conservation in the absense of conclusive sampling,
which has determined acceptable levels of contaminants.
4. East End Supervisors and Mayors Association, a resolution in support
of efforts to keep the Sag Harbor Golf Course at Barcelona Neck in operation and
open to the public.
IV. PUBLIC HEARINGS. None
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we go into resolutions, at this time I'd like to ask ~
is there anybody in the audience would like to address any resolution, that we
have on for tonight? I'll start on my left hand side, anybody in the audience?
(No response.) Anybody in the middle? (No response.) Anybody on the right?
(No response.) We do have two member absent tonight. Ray Edwards is ill, as
you read in the paper, and Ruth Oliva is at a Waterfront Coastal Erosion Council
meeting up in Albany. On my immediate left is Harvey Arnoff, our new Town
Attorney, for those of you who don't know. At this time, we'll go into resolutions.
Resolution number one is a tribute to Henry Santacroce. He had a retirement dinner,
and we're entering into the record a proclamation, that was read.
1.-Moved by Supervisor Harris, seconded by the entire Town Board,
WHEREAS, the Town Board of the Town of Southold wishes to pay tribute to
SERGEANT HENRY F. SANTACROCE who retired from public service on January
16, 1990; and
WHEREAS, SERGEANT HENRY F. SANTACROCE, after serving the Southold Town
Police Department briefly in 1950, joined the force in 1956 as a Patrolman, and
attained the rank of Sergeant on December 12, 1968, faithfully serving the people
of the Town Southold throughout his entire career as a Police Officer; and
WHEREAS, SERGEANT SANTACROCE'S record of fine service to the Town deserves
the sincere gratitude of those with whom and for whom he served; he has made
our community a better and safer place .to live; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby expresses their
sincere appreciation to SERGEANT HENRY F. SANTACROCE for his unselfish and
wholehearted cooperation and untiring efforts on behalf of the Towo of Southold,
and extends their best wishes for happiness and good health in his retirement
years ahead; and be it further
RESOLVED that this resolution shall be made a part of the permanent records of
the Town of Southold, and a copy present to SERGEANT SANTACROCE. ~
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc~ 1990 Budget modification to the General Fund - Part Town to provide
for legal fees of Smith', Finkelstein, Lundberg, Isler & Yakaboski relating to Town
of ~outhold (ZBA) vs. Tartan Oil:
To: B14,20.4 Town Attorney, Contractual Expenses $ 987.50
From: B8010.4 Zoning, Contractual ExpenSes $ 987.50
326
FEBRUARY 27, 1990
2.-Vote of the Town Board: Ayes: ~:ouncilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Coun~:ilman Wickham, it was
RESOLVED that pursuant to Article IX of the Cbnstitution, the Town Board of the
Town of Southold requests the enactment of Assembly bill No. 3136-B, entitled
"AN ACT to amend the highway law, in relation to the purchase of machinery,
tools, implements and equipment without town board approval in towns within
Suffolk County. It is hereby declared that a necessity exists for the enactment
of such legislation, as the Town Board does not have the power to enact such
legislation by local law.
COUNCILMAN PENNY: I'd just tike to add, that this is a home rule message for
changing the State law.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Supervisor Harris, seconded by"Councilwoman Larsen,'~it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq budget modification to the General Fund - Whole Town 1990 Budget for
the transfer of '~nonies from the Park $ Playground Account to the General Fund
for payment of the slides at the Laurel Lake Park:
To:
' Revenues
A2025 Special Recreation facility $ 151.85
Appropriations
A7110.2 Parks, Equipment $ 151.85
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold herebv appoints Joanna
Jackson as a back-up cook for the weekend SNAP Pro,ram, effective immediately,
at a salary of $8.00 per hour, 7 hours per day.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L; Harris to execute an agreement between the County
of Suffolk Youth Bureau, the Town of Southold, and the Family Service Leac~ue,
Inc. for the Family Service League, Inc. to administer the Southold Town Youth
Services Program for the period January 1, 1990 through December 31, 1990;
funding to be received from the County of Suffolk shall not exceed $10,134.00.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the application of Zdzislaw Mikolajczyk for renewal of his sinc~le
family house trailer permit, for trailer located on the south side of John's Road
(private road), off of the east side of Main Road, Mattituck, which permit expired
on February 9, 1990, be and hereby is c~ranted for a six (6) month period.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budc~et modification to the General Fund - Whole Town 1990 Budget to
allocate monies in addition to $1,000.00 to East End Arts Council for Community
Cultural Plan:
To: A7450.4 Museums $ 2,000.00
From: A1990.4 Contingent $ 2,000.00
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinc,1 budc~et modification to the General Fund - Whole Town 1990 Budclet for
the transfer of monies from the 350th Committee's Donated Funds held in Trust
& Agency for the School House foundation:
To:
A2705 Donations $ 3,750.00
Appropriations
A7550.4 Celebrations, Contractual Exp. $ 3,750.00
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
10.-Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to readvertise for resumes for two (2) members of the
Southold Town Conservation Advisory Council; compensation of $42.00 per meeting,
which includes a field inspection.
10.-V0te of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
11.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds their
resolution no. 12, adopted on November 28, 1989, engaging the services of Dr.
John Hansen as a consultant to the Board of Town Trustees to review the Robert
Searle project at Fishers tsland.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman,Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared du!y ADOPTEO.
12.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followincj 1989 budrjet modifications for transfers to the Town of Southold Employee
Health Benefit Plan:
General Fund Whole Town
To: A9901.9 Interfund Transfers $ 147,225.81
From: A9060.8 Hospital & Medical Insurance $ 147,225.81
General Fund Part Town
To: B9901.9 Interfund Transfers $ 62,557,29
From: B9060.8 Hospital & Medical Insurance $ 62,557.29
Hic~hway Fund Whole Town
To: DA9901.9 Interfund Transfers $ 16,506.69
From: DA9060.8 Hospital & Medical Insurance $ 16,506.69
Hicjhway Fund Part Town
To: DB9901.9 Interfund Transfers $ 65,875.30
From: DB9060.8 Hospital & Medical Insurance $ 65,875.30
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followinq budc~et modification to the General Fund - Whole Town 1989 Budget to
cover overdrawn line:
To: A3310.4 Traffic Control, Contractual Expenses $ 500.00
From: A1420.1 Town Attorney, Contractual Expenses $ 500.00
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount of $58,750.00 for a bond for roads and improvements in the major sub-
division of Henry Appel, all in accordance with the recommendation of the Southold
Town Planning Board.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the -[own Board of the Town of Southold hereby encjages the services
of Lewis Edson, at a fee of $100.00, for the purpose of conducting an appraisal
of the major subdivision of Mattituck Creek Estates, owned by James Cohill, and
located on the southwest corner of Mill Road and Grand Avenue, Mattituck, so the
Town Board may determine the amount of money to be deposited with the Town
in lieu of land for park and playground purposes, all-in accordance with Section
A106-38E.(3) from the Subdivision of Land, Code of the Town of Southold.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
FEBRUARY 27, 1990
16.-Moved by Councilman Penny, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby establishes the
following 1989 budget for the Town of Southold Health Benefit Plan:
Revenues:
MS5031
MS2709
Appropriations:
MS1910.4
MS1990.4
MS8686.4
MS9060.8
Interfund Transfers
Retiree, Cobra Contributioos
$ 292,165.00
15,400.00
Insurance $ 2,200.00
Contingent 39,965.00
Administration 15,400.00
Hospital & Medical Claims 250,000.00
16.-Vote of the Town Board: Ayes: Councilman Wi/:kham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the pay-
ment of 1990 Association dues for the Recreation Department, as follows: New York State Recreation and Park Society
Long Island Recreation, Park and Leisure Services Association
United States Tennis Association Inc.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwom'~n Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of South~id hereby authorizes an
advance fee payment in the amount of $25.00 to allow Recreation Director Kenneth
Reeves to attend the April 25, 1990 Lon9 Island Recreation, Park and Leisure
Services Association-sprin9 conference at East Meadow, New York.
18.-Vote of the Town Board: Ayes: Councilman Wi~:kham,~Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Rescinded 3/13/90 by Res. #38
19.-Moved by Supervisor Harris, 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 one (1) 1990 I/2 Ton Pickup
Truck, with the trade-in of one (1) 1982 Dodge van, and one (1) 1984 Plymouth
Suburban. -
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris. -
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids, on behalf of the Superintendent of
Highways, for resurfacing of Southold Town roads with slurry seal, minimum of
50,000 square yards. :
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Resolution #21 is out. That was to advertise, again, for
resumes for the position of civil engineer.
22.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Local Government Records Manage-
ment Improvement Fund Grants-In-Aid Project Application for a requested grant
of $17,599.00 for the restoration and preservation of early Town of Southold records
of birth, marriage, death and town meetings.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen, __
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
23.-Moved by Councilwoman Larsen, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Trux, lnc., Riverhead, for supplying the Southold Town Hic~hway Department
with one (1) Mowinq Tractor; Case IH 585 Tractor (4x2) with Mott 74" right side
Interstater mower, at a bid price of $27,984.00, all in accordance with the bid
specification s.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris. -
This resolution was declared duly ADOPTED.
24.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of A. W. Glover Trucking, Cutchogue, for the removal of Scrap Newspaper deposited
at the Southold Town Landfill Site, Cutchogue, at a cost of $30.00 per ton, for
the remainder of 1990~;:and au~ho~r~i~ze.s¥~ar~d~:d~cts SUpervisor Scott L.. Harris to
execute an agreement with A. W. Glover Trucking for the aforementioned service,
all in accordance' with the specifications for same.
24.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that pursuant to SeCtion 64(1-a) of the Town Law, a petty cash fund
is hereby established in the amount of $100.00 for the office of Supervisor Scott
L. Harris.
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
Th.is resolution was declared duly ADOPTED.
26.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby 'accepts, with
rec~ret, the resignation o.f Alexander Hargrave, member of the Southold Town
Farmland Committee, effectiYe immediately, and extends to Mr. Hargrave their
sincere appreciation for lending his expertise to this committee since its inception.
26.-Vote of the Town Board: Ayes: Councilman Wickham; Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Tow~'~ Board of the Town of Southold hereby authorizes ~;-,d
directs the Town C[erk to advertise for resumes for one (1) member of the So~t~'~oid
Town Farmland Committee to fill the vacancey created by the resignation of
Alexander Hargrave.
27.-Vote of the Town Board: Ayes: Councilman Wickham,. Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that 'the Town Board of the Town of Southold hereby reappoints Andre
Cybulski, Jr. and Charles L. Lauer to the Southold Town Farmland Committee,
for a two year term, effective March 13, 1990 through March 13, 1992, they to
serve in said position without compensation.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Larsen, seconded by Supervisor Harris, it was
RESOLVED THAT THE Town .Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of $565.75 [47 tickets @ $12.00 each, plus $1.75
postage and. handling) for the tickets to a New York Yankee game on Sunday,
July 8, 1990; check made payable to New York Yankees; charge to be made to
A7320.4 Joint Youth, Contractual Expenses.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Supervisor HarriS, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Carleen
Graseck as a part-time Clerk (with Data Entry experience) in the Accounting
Department, effective March 5,- 1990, two (2) days a week, at a salary of $6.00
per hour.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny~ Supervisor Harris.
This resolution was declared duly ADOI~TED.
31 .-Moved by Councilman Penny, seconded by Supervisor Harris,. it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Account Clerk Jeanne Cullen to attend a Suffolk County Purchasing Seminar
on March 15, 1990, from 8:30 A;M. to 1:00 P.M., at the Suffolk County Legislative
Building auditorium, Hauppauge, and the'necessary expenses for lunch and travel~
by Town vehicle shall be a legal charge against the Accounting & Finance Depart-"
ment's 1990 Budget. -
31'.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Councilman Wickham, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Extension Acjreement between the
County of Suffolk, Department for the Aging, and the Town of Southold to extend
the Brief Respite Program from April 1, 1990 through June 30, 1990 without addi-
tional fundinq.
330 1990
32.-Vote of the 'l=own Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution Was declared duly ADOPTED.
33.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an agreemen~ between the County
of Suffolk, Department for the Aging, and the Town of Southold, for the Nutrition
Program, for the period January 1, 1990 through December 31, 1990, at an agree-
menu cost of $107,456.00, all in accordance with the agreement as approved by
Assistant Town Attorney Kiernan.
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris. --
This resolution was declared duly ADOPTED.
34.-Moved by Councilman Penny, seconded by Councilman Wickham,
SOUTHOLD TOWN BOARD URGES SUFFOLK COUNTY LEGISLATURE TO REJECT
IN ITS .ENTIRETY RESOLUTION NO. 1098-90
WHEREAS, the Suffolk County Executive and the Suffolk County Legislature have
introduced a resolution which would direct the Department of Law to institute an
action to preclude County "payments" in the LILCO tax certiorari stipulation of
settlement with the Town of Brookhaven; and
WHEREAS, the Suffolk County Legislature should be reminded that the process
of real property assessment and tax collection is administered by the Towns for
the benefit of the County Government and its special districts, school districts,
and Town Government and their special districts; ~u~ch management and adminis~:ra-
tion provided at no cost to either the County, its opecial districts or the various
school districts and
WHEREAS, it has been historic past practice of Suffolk County to provide such
up front payment in conformance with the Suffolk Cc~unty Tax Act; and
WHEREAS, this action should it be adopted would both set a dangerous precedent
and would have major fiscal impacts on the Towns of Suffolk County both in their
ability to borrow and their ability to levy taxes; and
WHEREAS, this action will encourage Town Assessors to undervalue all commercial/
industrial taxpayer.s which will severely erode existing Town tax bases and will
necessarily increase the burden to resident property owners;
NOW, THEREFORE, BE IT RESOLVED that it is the sense of the Town Board of ~
the Town of Southold that resolution 1098-90 as proposed by County Executive
Halpin and now pending before the Suffolk County Legislature be rejected in its
entirety; and
BE IT FURTHER RESOLVED that the Town Clerk be and she is hereby authorized
to forward copies of this resolution to Suffolk County Executive Halpin, each
member of the Suffolk County Legislature, Clerk of the Suffolk County Legislature,
Suffolk County Treasurer, Suffolk County Comptroller, the State Assembly a~nd
State Senators.
SUPERVISOR HARRIS: This piece of legislation was passed by the Suffolk County
Supervisors' Association, an'd it's very important that this message gets sent to
the Legislator in respect that the towns, all towns, would have to pay up. front
for monies, that are uncollected, and then the County would reimburse them. That
would put an undue severe hardship on the residents of ail the towns, if this were
to happen, and it goes against the Suffolk County Tax Act, as it presently stands
nOW.
34.-Vote of the Town Board: Ayes: Councilman ~¥ickham,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Councilwoman Larsen,
35.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, 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 Environmental Consultant
to the Board of Town Trustees, at a salary of $35,00 per hour.
SUPERVISOR HARRIS: This resolution is asking ~or an environmental consultant
to be used with the Trustee, in conjunction with a project on Fishe~s Island. The
previous consultant has turned down the exceptance of the contract, which he was~
provided due to specifics as far as insurance goes. ~o we are now trying to
readvertise, again, for the consultant, again, to work approximately four or five
different times through out the year, for the Trustees, on various projects.
35.-Vote of the Town Board: Ayes: Councilman
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED
Wickham, Councilwoman
La rsen,
36.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold herebv rescinds their
Resolution No. 34~ adopted on November 14, 1989 "authorizing and directing S~per-
visor Francis J. Murphy to execute a Contract for Sa~e between Mattituck Hoiding
Corporation and the Town of Southod for the purchase by the Town of the "Carey
Tank Farm" property'~bcated 'on~he~'~'~-§~"~ide of Luther's Road, Mattituck, at a
price of $450,000.00, subiect to the approval of Town Attorney Shondebare".
SUPERVISOR HARRIS: I'd like to make a comment on this before the vote. This
property was found by our engineering firm, H2M, to have containments in the
soil, and also in the ground water, and based on the recommendations of that
engineering firm, which was hired by the town, they have told us not to enter
into contract, because of the property being in the state, that it is, with pollutants.
So based on that, and based on today, we had the Mattituck Holding Corporation
people, along with environmental consultants come in and discuss this with us,
that was the only right decision to make as far as I was concerned, to afford these
people the opportunity to come in and respond to H2M's report, that was given
to us. In retrospect, I think they were very appreci-ative. They certainly were
very nice this morning, and they were very surprised to find out that that area
was contaminated to the point of our H2M firm findings. Based on that, we're
rescinding the resolution, that we had, the contract that we had, because they
are going to remediate that property by removing the tanks, and also, clearing
up whatever spillage and so on has taken place, and at that time, they have
requested sixty days to do such, and then they will come back to the town to see
if the town is still interested with the further purchase of that property. So that
is what we're doing at this point.
COUNCILWOMAN LARSEN: I just ask, that this resolution be tabled, until Executive
Session at our next regularly scheduled Town Board meeting.
TOWN CLERK TERRY: Are you making a resolution to table, Ellen?
COUNCILWOMAN LARSEN: Yes.
TOWN CLERK TERRY: Is there a second?
SUPERVISOR HARRIS: Before I second, what is the nature of the tabling at this
time?
COUNCILWOMAN LARSEN: For discussion in Executive Session.
SUPERVISOR HARRIS: Maybe, I can answer some of the questions, before the
second comes about on the tabling. The idea of rescinding this resolution is, that
the purchase price, which was $450,000.00 is no longer going to be the purchase
price. That price included the Town of Southold having to do the removal of the
tanks, and also, whatever else was involved. At the time the appraisal was done,
there was no contamanents known to be in the ground. [ think that based on that
alone, we were told today, that those properties now, being the state that they
are being pollutated, that that contract really is null and void, and that price figure
means nothing now. That $450,000.00 may come in at a completely different
number, and within sixty days after they find out what their costs are for removing
these tanks, and cleaning up that spill site. That's why this contract in it's present
state is really null and void. It had never been signed, anyway. When they come
back in sixty days, we'll have to start from square one anyway, at this point.
So they've asked us for sixty days to go over the whole thing, do what they
have to do, then come back and tell us what their new price will be, and it's silly
to even talk about the existing contract, because we had a set price with a set of
circumstances as far as :tank removal, as I said, and so on. That's why we just,
today during Executive Session decided to rescind this resolution.
COUNCILWOMAN LARSEN: So it will require a whole new...?
SUPERVISOR HARRIS: It requires a whole new contract.
COUNCILMAN PENNY: Plus, you mi§hr mention, we get first refusal on the
property.
SUPERVISOR HARRIS: Yes, that was the obvious reason, that we have sixty days,
so they can do the clean up, and 'then they will bring back a proposal to the Tow,n,
at which time, we will have an appraisal done to see if the Town is still interested'
in pursuing the purchase of this for a park, or whatever the area was originally
designated for, and so we have told them, that we would wait until that sixty day
period.
COUNCILWOMAN LARSEN: I'll move to withdraw the table.
36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
332
FEBRUARY 27, 1990
37.-Moved by Councilwoman Larsen, seconded by Councilman Penny, it was
RESOLVED that pursuant to 6NYCRR Part 617, and Chapter 44 of the Code of the
Town of Southold, the implementing regulations pertaining to Article 8 (State
Envionmental Quality Review) of the Environmental Conservation Law, the Southold
Town Board, as lead agency, has determined that the proposed action described
below will not have a significant effect on the environment.
Title of Action: Southold Villas, Ackerly Pond Lane, Southold, Change of Zone
Petition, Suffolk County Tax Map ~1000-070-01-006. SEQRA Status: Unlisted Action,
Location: The project is located on the west side of NYS Route 25, approximately
1,500 feet north of Ackerly Pond Lane, in the Hamlet and Town of Southold, New
York. Project Description: The project involves the proposed rezoning of an 18.021
acre parcel of land from the current "A-C zoning district (agricultural-conservatio~---
80,000 square foot lots), to the "AHD" district (affordable homes district), for
the purpose of constructing eighteen (18) affordable single family homes, and
eighteen (18) townhouse units.
Reasons Supportinc~ This Determination: This determination is issued in full con-
sideration of the criteria for determination of significance contained in 6NYCRR
Part 617.11. In additiori to the Long Environmental Assessment Form Parts I, II
and III, which was prepared in conjunction with this project review, a Draft Envir-
onmental Impact Statement was completed in compliance with an extensive scopinn
and review process. A Draft Eis was accepted by the Town Board of the Town-
of Southold, and was circulated for public and interagency comment in accordance
with 6NYCRR Part 617.8(d). A public hearing on the Draft E~S was conducted
by the Town Board on February 6, 1990. There were no substantive comments
received or heard by the Town Board as a result of the comment period or hea~ing.
In addition, the Town Board has fuity considered the Draft ElS and documentation
pertaining to the environmental review process for this project, and hereby finds
that based upon this documentation, the project will not result in significant adverse
environmental impact. Some beneficial impacts will be derived as a result of project
implementation. This Negative Declaration is therefol'e issued in accordance with
6NYCRR Part 617.8(e)(1) which states as follows: -"No final ElS need be prepared
if: on the basis of the draft ElS, and comments made thereon, the lead agenc,~
has determined that the action will not have a significant effect on the environment.
A negative declaration must then be prepared and filed in the accordance with this
Pa rt."
The following specific reasons are offered in support of this determination:
1. The change of zone will not adversely effect groundwater qualtiy as compared~
to the present use and water quality levels.
2. The change of zone will not adversely effect areas with significant constraints
regarding soils or topography.
3. There were no significant wildlife species or habitats identified in connection
with the project site..The majority of the site contains fruit orchard
vegatation.
4. The proposed use is considered to be compatible with surround zoning as it
involves siogle and attached residential housing. Site design will be considered
at the time of site plan review by the Planning Board, at which time open
areas, buffering and re-vegetation may be finalized in accordance with
mitigation proposed in the Draft ElS.
5. The project offers much needed alternate housing to residents of the Town
of Southold, by providing several housing types, including construction of
eighteen {18) affordable units. The project will increase tax revenue, and
will not create an undue burden on transportation or community service
resources.
37.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: In conjunction with that, we're setting 8:00 P.M., Tuesday,
March 27, 1990, at Southold Town Hall, .at public hearing will be held on the petition
of Southold Villas, Inc., for a change of zone from "A" to "AHD". I'll move that
resolution.
38.-Moved by Supervisor Harris, seconded by Councilman Penny,
WHEREAS, Southold Villas, Inc., by petition dated December 29, 1987, petitioned
the Town Board of the Town of Southold for a change of zone on certain property
located on the west side of NYS Route 25, approximately 1,500 feet north of
Ackerly Pond Lane, Southold, from "A-C" Agricultural-Conservation District to ~
"AHD" Affordable Housing District; said property bounded and described as follows:
Beginning at a granite monument of the westerly lines of Main STreet and the
southeasterly corner of land of Franics M. Gagen; running thence along said
westerly line of Main Street, South 13o00' West 100.0 feet to a concrete monument
and land of Marguaerite H. Young; thence along said land of Marguerite H. Young,
two courses, as follows: (1) North 77°00' West 120.0 feet to a concrete monument;
(2) South 21056' West 126.42 feet to a concrete monument and land of Baker; thence
along said land of Baker and land of George H. Smith Estate, North 81o12'20'' West
540.46 feet to a granite monument and land of Frank Bly Estate; thence along said
land of Frank Bly Estate, two courses, as follows: (1) North 12°50'10'' East 28.0
.'FEBRUARY 27, 1990 333
feet to a.granite monument; thence (2) North 76°43'10'' West 895.92 feet ~ a stone
and post and land of Diller Brother-.S? .t.,l~e~(:~along said land of Diller ~.rotLh~ers,
North 31°1'60'' E~ist 709.83 feet to a granite monument and land of Arthur I~~. Gordon;
thence along said land of Arthur B. Gordon, South 42°49'50'' East 384.77 feet to
a concrete monument; thence southeasterly and then easterly along other land of
Jonathan H. Terry 774.6 feet, more or less, to ~he southwesterly corner of land
now or formerly of Helen Virginia Cleveland, So~uth 65°51'20'' East, 127.2 feet to ~
a concrete monument on the southwesterly corner of said land of Francis K. Gagen;
thence along said land of Francis M. Gagen, South 60°56' East 182.68 fe~et to the
point or place of beginning. Also, all that tract or parcel of land situa~te in
Southold, Town of Southold, County of Suffolk and State of New York, bounded
and described as follows: Beginning at the southwesterly corner of lan'd now or
formerly of Helen Virginia Cleveland and running thence westerly then northwesterly
along other land of Jonathan H. Terry above described 774.5 feet, more or less,
to a concrete monument and land of Arthur B. Gordon; thence along said land of
Arthur B. Gordon, three courses, as follows: (1) North 30o37' East 150.07 feet
to a concrete monument; thence (2) South 72°46'10'' East 474.11 feet t~ a concrete
monument; thence (3) South 73o12' East 238.03 ~eet to a concrete monument and
land of Rose M. Smith; thence along said land of Rose M. Smith and said land now
or formerly of Helen Virginia Cleveland, South 17°20'40'' West 260.2 feet to the
point of beginning. Containing 18.021 acres, and ~
WHEREAS, the Southold Town Planning Board and the Suffolk C~'unty Department
of Planning have prepared official reports and recommendations on the aforesaid
petition; now, therefore, be it
RESOLVED that the TownBoard hereby sets 8:00 P.M., Tuesday, March 27, 1990,
Southold Town Hall, Main Road, Southold, New York, as time and p~ace for a pub!lc
hearing on the petition of Southold Villas, Inc., at which time any person desiring
to be heard should appear at the time and place above so specified; and be it
further
RESOLVED that the Town Clerk be and she hereby ks authorized and directed to
cause notice of said hearing to be publi6hed in the official newspapers pursuant
to the requirements of law.
38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
CoUncilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
39.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to transmit a Letter of Interest to the Town
of Brookhaven for participating in the BrooKhaven Compost/Energy Recovery
Facility (CERF).
COUNCILMAN WICKHAM: I would just like to comment very briefly, that this
letter of interest in no way commits the Town to doing this. It does-preserve an
option for the Town, if it should wish to engage in that participation at a subsequent
decision to be made in the fall sometime. I might also, mention that this was an
unanimous recommendation of the Task Force.
COUNCILWOMAN LARSEN: My reasons for voting no, is that if we're going to
go to composting facility in Brookhaven, the cost of building a transfer station,
the engineering costs is $65,000.00, the engineering costs for just the yard waste
composting for yard waste at $8,000.00, plus the trucking fees to Brookhaven,
I don't see how it could be any cheaper, than if we did it here.
SUPERVISOR HARRIS: This ~s only a letter of interest. It's not a commitment
or anything.
COUNCILMAN PENNY: We wholeheartedly supported this from the very beginning,
and I believe, the Town Board endorsed the reqional ~pproach, and I'm sorry to
see that this is falling apart at this early stage~ because this is one of options,
and you've heard interest expressed before that we should research all options,
and this would allow us to start that research without making any committment
whatsoever. I'm very disappointed to see that it's not going to pass this evening.
I vote yes.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny,
Supervisor Harris. No: Councilwoman Larsen.
This resolution was declared LOST.
SUPERVISOR HARRIS: Resolutions 40, 41, 42 are going to be held until a
further determination can be made by this Board. They are resolutions determining
the amountto be deposited with the Town in lieu of land for park and playground
in the subdivisions of Highpoint Il, Section one, two and three.
43.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby reouests Suffolk
County District Attorney James M. Catterson to designate Southold Town Attorn~.¥
Harvey A. Arnoff as a Special Assistant District Attorney.
43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
44.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town o~ Southold hereby appoints Claire
L. Glew to the position of Assessment Assistant from the Suffolk Count;, Departme~t
of Civil Service Certification of Eligibles List, effective March 8, I990, at a salary
of $23,200.97 per annum.
4~,.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
45.-Moved by Supervisor Harris, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints James
Bunchuck as Assistan[ Superintendent of Public Works, effective March 19, 1990,
at a salary of $35,000.00 per annum.
4$.-Vote of The Town Board:. Ayes: Councilman Wickham, Councilwoman Larsen,
Councilmar~ Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
46.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby enga~oes the
services of Lewis Edson, at a fee of $100.00, to conduct an appraisal of the
property of Gustave Wade at the foot of~East Road, Cutcho,gue, New York.
46.-Vote of-the Town Board: Ayes: Councilman Wickham, CounciIwoman L.~rs~
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
47.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and
Chapter 44 of the Code of the Town of Southold, notice is hereby given that the
Southold Town Board, in conducting an uncoordinated review of this unlisted action,
has determined that there will be no sicjnificant effect on the environment.
DESCRIPTION OF ACTION: Amendment of Chapter 100 (Zonin~q) of the Code of
the Town of Southold by deleting Subsection D of Section 284. The project has --
been determined not to have a significant effect on the environment because an
Environmental Assessment Form has been submitted and reviewed and the Town
Board has concluded that no significant adverse effect to the environment is likely
to occur should the project be implemented as planned.
COUNCILMAN PENNY: I would like to clarify that this deleting sub-section D of
Section 284 is the vacant land c of o.
47.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
48.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Zoning" (deleting Sub-
section (D) of Section 284; now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local law to the Southold Town Planning Board and the
Suffolk County Department of Planning in accordance with the Code of the Town
of Southold and the Suffolk County Charter. Said proposed Local Law reads as
follows, to wit:
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of'the Town of Southold as follows:
I. Chapter 100-284 (Zoning) of the Code of the Town of Southold is hereby
amended by deleting subsection (D) in its entirety and changing the
lettering of subsection (E), (F), (G) and (H) to (D), (E), (F) and (G)
respectively.
II. This Local Law shall take effect upon its filing with the Secretary of State.
48.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
49.-Moved by Councilman Penny, seconded by Councilwoman- Larsen, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State
Environmental Quality Review Act, and 6NYCRR Part 617, Section 617.10, and
Chapter 44 of the Code of the Town of Southold, notice is hereby given that the
Southold Town Board, in conducting an uncoordinated review of this unlisted action,
has determined that there will be no siqnificant effect on the environment.
DESCRIPTION OF ACTION: Amendment of Chapter 100 (Zoning) of the Code of
the Town of Southold by deleting Subsection (c) of Section 31B(7). The project
has been determined not to have a significant effect on the environment because
an Environmental Assessment Fo~tm,~,;)~e~.rysubmitted,,and reviewed and the Town
Board has concluded t~'~ no ~-"~'~;~' ~"-'"~"'~
s~gnrl:~cant'e~rfect to the environment is likely to occur
should the project' be implemented as planned.
COUNCILMAN PENNY: This deletes the provision in the Code, which says golf
courses, tennis courts, etc., although allowed b~; special exceptions, can not be
conducted for profit, and it is the legislative intent of the legislative committee,
that the Town Board not be concerned with the profit making ability of uses, which
are permitted by special exception, since the determination to permit such uses
lies with the province of the Zoning Board of Appeals.
49.-Vote of the Town Board: Ayes: Councilman Wicl~ham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
50.-Moved by Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town ~oard of the Town of Southold
a proposed Local Law entitled, "A Local Law in Re. lation to Zoning" (deletinq Sub
section (c) of Section 31B(7); now, therefore, be it
RESOLVED that the Town Clerk be and she hereby is authorized and directed to
transmit this proposed Local Law to the Southold Town Planning Board and the
Suffolk County Department of Planning in accordance with the Code of the Town
of Southold and the Suffolk County C~arter; Said proposed Local Law reads as
follows, to wit:
LOCAL LAW NO. - 1990
A Local Law '~n Relation to Zoning
BE IT ENACTED BY the Town Board of the Town of Southoid as follows:
I. Chapter 100 (Zoning) of the Code of the .Town of Southold is hereby
amended as follows:
I. §100-31B(7) is hereby amended by deleting subsection (c) in
its entirety and changing the lettering.of subsections (d) and
(e) to (c) and (d) respectively.
II. This Local Law shall take effect upon its filing with the Secretary of State.
50.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
51 .-Moved by Councilman Penny, seconded by Councilwoman Larsen, it was
RESOLVED that pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Qualtity Review Act, and 6NYCRR Part 617, Section 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby given that
the Southold Town Board, in conducting an uncoordinated review of this unlisted
action, has determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Amendment of Chapter 100 (Zoning) of the Code of
the Town of Southold by amending Section 100-33. The project has been determined
not to have a significant effect on the environment because an Environmental Assess-
ment.Form has been submitted and reviewed and the Town Board has concluded
that no significant adverse effect to the environment is likely to occur should the
project be implemented as planned.
COUNCILMAN PENNY: This changes Section 100-33 in the agricultural-conservation
district, under accessory buildings, we're removing the word may , where accessory
buildings and structures and other uses may is being changed to shall, in the
required rear yard, subject to the following requirements, and the legislative intent
behind this amendment is to reinforce the understanding that Zoning Code permits
accessory structures, as a matter of right, in the rear yard only; not in the front
or side yards. We have a request for an amendment to change that to shal only.
It makes it even stronger.
COUNCILMAN WICKHAM: The intent of this, is to make it impossible to have
accessory buildings on a side yard in a farm environment?
COUNCILMAN PENNY: What it does, is send them all to the ZBA. In other words,
if you want to do Something, put an accessory building in a side yard, you have
to go to the ZBA. It's been the way that the Town has always addressed it, except
the word may in there, gave people the idea, that they could come in and apply
for it as a right, and yet, everytime that they've come ~n, in the last thirty years,
they've been told that, no, they don't have it as a right, that they have to go
to the ZBA to get that. What we're doing is, just cleaning up the Code, so it's
not confusing to the public.
COUNCILMAN WICKHAM: But the Code says, this reading says, that accessory
buildings may not be located on the side yard. That's what we're changing it to
rea d to.
COUNCILMAN PENNY: Right. Not as a right. But you're allowed to appeal it.
51.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilman Penny, Supervisor
Harris. No: Councilman Wickham.
This resolution was declared LOST.
336
FEBRUARY 27, 1990
SUPERVISOR HARRIS: Number two is out as it's an authorization to transmit the
previous proposed Local Law to the Southold Town and Suffolk County Planning
Boards.
SUPERVISOR HARRIS: We have one resolution, that we don't have on here, that
we would just like to just recess for five minutes, to talk with the Town Board.
Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED to recess be called at this time, 8:20 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meetincj reconvened at 8:25 P.M.
SUPERVISOR HARRIS: That was the last resolution that we had, and at this time
I'd like to, before we close, ask anyone from the audience, if they have any com-
ments that they'd like to make, or any subject that they'd like to bring before
the Town Board to discuss tonight. I'll start with Mr. Siegmann.
EDWARD SIEGMANN: Ed Siegmann from Mattituck. I was wondering if it was
possible, that the Board could explore the possibility with LaValle and Sawicki
on whether a law could be introduced to compel recycled paper to be used by
newspapers and other companies, that can use recycled paper, because if they
were able to do this the possibility exists that instead of paying to have your
newspaper taken away, that the possibility is that you could get some money for
your newspaper. There are companies that can use recycled newspaper, that do
not use it, for example your newspapers. There are some newspapers, that use it,
and there's some that don't. I would think that LaValle and Sawicki could submit
something up in Albany, that would mandate the use. of that paoer. They're always
mandating stuff for us. They ought to mandate something that will help us once
in awhile.
SUPERVISOR HARRIS:
body on the right? (No response.)
your meeting last night?
Thank you. Anybody in the center? (No response.) Any-
COUNCILMAN WICKHAM: First of all, I'd like to say that last week, two weeks
ago, we had a rather useful meeting of the Task Force,in which Daneco revisited
us, with a view of revising their proposal. They met three key concerns, that
were expressed last year, and earlier this year, with the fate of their earlier pro-
posal. 'One of those concerns was the capacity factor, and they acknowledged that
the Town has only about a third of the waste to process, that they had prepared
their proposal for. They recommend addressing that issue either by downscaling
their proposal, or by including Riverhead and Shelter Island to get the volume
up to about the level of their proposal. The second concern was that of ownership.
Rather than the Town bonding to go forward with the composting, they proposed
to pay for the plant entirely themselves, and to charge a tipping fee, if the Town
should go ahead with this. The tipping fee would be on the order of $70.00 a
ton. The third question is the marketability of the compost. If you'll recall, in
their earlier proposal, it was understood that the Town essentially bore some
responsibility for disposing of the compost, at least that compost that did not
measure up to class one standard. If in fact the plant were to be owned by Daneco,
Daneco would take full responsibility for all the produce, and the Town would
have none of that responsibility. This is the proposal, that Daneco is now working
on, and I imagine at some stage the Town will be probably hear a proposal of that
nature from them. There are other things, that the Task Force is working on.
I'll just mention one of them. We are establishing a new committee of the Task
Force dealing with a diversion of materials from coming into the dump in the first
place. We estimate that roughly 50% of-the materia entering the dump is essentially
commercial in nature, and in fact, many of the dumps on Long Island do not except
that kind of material anymore. We're not sure if we should take such a stringent "
step, but we do feel consonant of the hearing of two weeks ago, this step should
be taken to gradually phase out much of the commercial debris, that developing
companies bring_into the dump. I'd like to conclude with a very brief report of
the. As-sOZ:ia.tion Of Towns of the State of New York, which Scott and I attended,
and Judith, and a number of people from the Town attended last week, in New ~'
Yorl~C~ity. Solid waste management dominated the agenda for the three days of
the ~ meeting of the Association of Towns. Close to, I suppose, 95% of the towns
'n. the State of New York, were represented at that meeting, and it was quite
effective. The Lieutenent-Governor spoke. The comptroller spoke, the State
Com~roller Regan spoke. The Budget Director Forsythe spoke. There ~vere a
number of key people there. At almost every panel, and every talk, 9arbage
was the key topic. At the end of the meeting, there was a series of resolutions,
that the Association of Towns put to the members for a vote. There were two
key votes'on the waste management question. The most important one was a vote
to endorse, or to reject the Governor's proposed 1.9 million dollar bond issue,
and althouqh in that room of hundreds of people representing all of these towns
Tom, would you like to tell us briefly about
FEBRUARY 27, 1990 3 3 7
in the Stat~ of New York, there was wides'pre'ad support for the two key obiectives
of that bond_issue, namely supgo~:,.for.~acquisition of. environmentally sensitive
lands,-wh~ch ~s--proposed to be f~nanced at the rate of 1.1 bdl~on dollars, and also,
for the waste management initiatives proposed in that bond act of about two, or
three, or possibly four hundred million dollars. Despite the support for these
measures, the bond issue was not endorsed by the Association of Towns. In fact,
it was strongly turned down, because of two basic reasons. One is that the
priorities seem to the representatives wrong. The orders of the bank due to the
funds, and secondly, in the acquisition of lands, delegate after delegate spoke
about the confiscatory approach that the DEC has taken in taking lands, so called
environmentally sensitive lands, and paying $.30 or $.~,0 on the dollar. There
was, also, a belief that the waste management.funds were essentially token funds,
and the discretion was with the DEC on how these would be distributed. In
conclusion, the towns, that voted, and the great majority of them voted, voted
against the proposal not because they're against the two key objectives of the bond
issue, namely support for environmentally sensitive lands, and their acquisition,
nor support for the waste management issue. They essentially voted against it,
because of lack of confidence in the agency, the DEC, that the Covernor has asked
to implement this plan. We hope that the Governor will receive that message.
That concludes my comments, Scott.
SUPERVISOR HARRIS: Is there anyone el!se, who would like to say anything at
this time? [No response.} I just want to make one mention, that in the Association
of Towns, it was very evident, that solid waste is a key issue, and for those people
in towns, that are involved in the December 18th closure of 1990, it was very clear
that other towns throughout the State of New York, who aren't under that mandate,
but are under consent orders, are also going to be closing June, J~dy, August,
all different months throughout this year, and everyone of them is very aware
of the cost involved and the economic impact to their residents throughout the State
of New York. If this legislation had been tagged s~tewide December 18, 1990
closure, you might have seen a tremendous change in the attitude, I think, of
a lot of upstate towns, as far as the DEC goes. But based on the fact, that they're
not under the gun with a 9un to their head, many of them feel the priorities were
wrong, that a billion dollars should have been allocated in the EQBA, State of the
State Address, and that only one or two hundred thousand dollars should be
allocated for the purchase of lands, and I might add, that 50%, which was an
interesting note, 50% of all of the Adirondacks properties and mountains have been
purchased by the State of New York, and the other 50% was going to used, was
going to be purchased this year, with that bond if it is passed, and if the Legisla-
ture so directs. That came under great fire from all-of those upstate towns, who
felt that they're already under duress and under economic hardship for having
all of those properties removed off the tax rolls, and to have the other 50% completely
removed, they felt would annihalate and devastate their townships. So it's
interesting to see that the rest of the towns have a similar feeling to the DEC.
With one further note, the meeting that we attended the last day was a hearing
with the DEC. A man by the name of Nosenchuck, who is the head of the Solid
Waste Division for all of New York State, he brought five other experts with him,
and theyspoke before all the Town Boards and all the Supervisors. They were
very clever in their tact and their presentation. It started at two o'clock, and
they spoke until well after 3:30, and they gave approximately twenty minutes to
a half hour to those towns, who were there, to ask questions. Many, many..the
tension was so, so intense, that you could have cut it with a knife, but at the
end of an hour and a half dissertation, everybody was disgusted, everybody was
tired, and when it came to the question and answer period, most people 9ot up
and they walked out of the room. I feel that, that was a total travestry to those
towns, that were there, that were there to have a question and answer period.
The Association of Towns, I hope, next year will change the forum, so that when
lead agencies come before Town Boards and Supervisors, that they are automatically
set up there for a question and answer period, and everybody knows the laws,
and everybody understands what is entailed as far as the legislation goes. But
these towns were so disgusted at the end of this hour and a half, that they
walked.out. I think many questions that should have been asked, throughout
that whole time, were put aside. I think that this message will never be sent to
the Governor and the DEC, because those towns that were there, during that
perib'd,' never had an opportunity to ask those questions. With that, Ed, would
yo u.;,I. Lke to?
EDWARD SIEGMANN: Yes. I'd like to ask Mr. Wickham a question, if I could?
When I read the piece in the paper about the new proposal frem Daneco, and you
read the part were it says, that they would be the people that would run the
plant. I would question, if they're running the plant, and there was a profit to
be made, they would be the people that would 9et the profit. If you were running
the plant, and you were taking in Riverhead's garbage, and you were taking
Shelter Island's garbage, wouldn't there be a possibility that the town could
realize a benefit from this? It would then benefit Southold Town, where it
wouldn't cost their people as much, taking care of their garbage?
COUNCILMAN WICKHAM: The answer to both questions is, yes. And furthermore
there's a possibility, if the town did operate it, they could operate it cheaper,
338
FEBRUARY 27, 1990
because p~'esumabl~ the finance costs ~,ould be less. But the liability would come
back to the town, and part of the concern that Daneco was trying to allay is the
question of liability, and in particular, the question of liability with dealing with
the compost after it's produced. If the DEC is unable to make a prior committment
about what will happen to that compost, whether it can be applied or not, the town
incurs a certain amount of liability if it's going to be responsible for it. Actually
Daneco has not yet made it's proposal. It will probably make two proposals. One
by which the town would own it, and one by which Daneco would own it, So
those options are still open, and if they're still out, we haven't really seen their
proposal. It was a talk discussion to give them some guidance in framing that
proposal.
EDWARDS SIEGMANN: The other comment I would like to make, in reference to --
the report that was just made about the meeting of the towns. Wouldn't this be
a good indication, since the upstate towns acted that way, wouldn't it be a good
indication, that if a bill was submitted asking for an extension on the landfill, that
you don't have to worry about the representative's here? You could
get the upstate representatives to support it, and get a bill passed throuqh,
because they're going to be faced with the same problem, that we have no~w. They're
going to be faced with it a few years from now, and they may need an extension,
also. So where you read that some of representatives from west of here, are not
sympath6.tic to us due to the fact that they had preceded with what they had to
do under the law, I could say you could skip those, and you could get the support
from upstate New York, and also, get support from the representatives in the city,
because this has no bearing on the representatives in the city, there should be
no reason why they would object to us getting an extension on the landfill.
SUPERVISOR HARRIS: As far as your question, and I just wanted to maybe, give
you a direction to go in, as far as the recycled newsprint goes, we had a round
table discussion with Senators, which you probably cead about in the paper, up
in Islip about a week ago. During that discussion, it was brought up that Bob
Johnson, I think he's the owner of Newsday, or managing editor of Newsday. What
is his title? President of Newsday. He was on a task force, that was established
by the Governor to look into just what you asked, recycled products. Newsprint
was certainly the topic, and he made it known that the Los Angelos Tribune is
80% recycled newsprint, and maybe, it's mandatory out there. But the cost right
now, for using recycled paper on Long Island were very high due to the trucking~
of the recycled newsprint, was produced, and getting it here. He said he is worF
towards that, and he realizes that newsprint paper certainly is a major factor
in contributing to the landfill filling up, and it should be set up so that if recycle_.,
newspaper was used, that when they come to give a roll of recycled newspaper,
they co'uld also come out to the various towns, that have this recycled newsprint
stacked up, and they could pick it up and take it away, and recyle it, and use
it again. Rather than us having to pay, they would be in a production, and then
use production used phase. So maybe if you, and I can't tell you the exact title
of the task force report, but I think it was out, and possibly that's a direction
for you to look in, also, to see what that report said about the recycled newsprint.
COUNCILWOMAN LARSEN: I'd just like to make a comment. I would just like to
extend ~ny warmest wishes to Harvey Arnoff, our new Town Attorney, for a very
successful and enlightening tenure with the Town Board of the Town of Southold.
SUPERVISOR HARRIS: I'd like to close with the everybody in this room, saying
a prayer for Ray Edwards, for a speedy recovery. He has u~ndergone surgery.
For those of you, who don't know, Ray had lost the use of his whole lower body.
He had done so, and hopefully with this operation, and through treatments, that
he'll receive in the future, that he will gain strength back, and be able to walk
again, and certainly be able to participate with us as a Town Board. With every-
thing going the way it is, and God's help he hopefully will be back on the Island,
maybe this weekend, and out of the hospital. So with thay I'd like to close the
meeting.
Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 8:40 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Larsen,
Councilman Penny, Supervisor Harris.
This resolution was declared duly ADOPTED.
~ 3-udith T. Terry
Southold Town Clerk