HomeMy WebLinkAboutTB-08/01/1989462
SOUTHOLD TOWN BOARD
AUGUST 1. 1989
WORK SESSION
Present: Supervisor Francis J. Murphy, Justice Raymond W. Edwards,
Councilwoman Jean W. Cochran, Councilman George L. Penny IV, Councilwoman Ruth
D. Oliva, Assistant Town Attorney Robert H. Berntsson, Town Clerk Judith T.
Terry.
9:10 A.M. - Margery & Bertram Walker met with the Board to discuss the property
of their neighbor Richard Zeidler, Brushes Creek, Mattituck, which property has
been the subject of Building Department, Board of Appeals and Trustee decisions.
(Also in attendance: Trustees Frank Kujawski, President, and Henry Smith, Building
Inspector Curtis Horton, and Board of Appeals Chairman Gerard Goehringer.) Mr.
and Mrs. Walker questioned the issuance of a Certificate of Occupancy when they
feel certain conditions of the Board of Appeals and Trustees have not been met.
They are further concerned about a "scenic eye view easement" which is their
deeded right. Building Inspector Horton said he had inspected the property and
found everything .n order. Trustee Kujawski said there is still the matter of
planting beach grass to be delt with. Mr. and Mrs. Walker produced photographs
of the Zeidler property showing debris and very high weeds which they contend
destroy their eye view easement, and value of their property. The Board will ask
Principal Building Inspector Victor Lessard to reinspect the property for compliance.
9:45 A.M. - Trustee President Frank Kujawski, along with Trustee Henry Smith met
with the Board to apprise them of the fact the County of Suffolk has done a minimal
amount of dredging this year and some creeks are becoming navigational problems.
9:50 A.M. - Board of Appeals Chairman Gerard Goehringer met with the Board to
advise that he has been unable to find a qualified replacement for Stenographer
Linda Kowaiski who will be leaving soon. He said the office will only be open four
days a week from now on, and he will be holding Saturday morning hours to meet
with applicants.
10:00 A.M. - Eucjene Vanden Bosch, Northeast Nurseries, met with the Board to
discuss his request for a waiver of the Soil Removal Permit requirements (see
resolution no. 18).
10:05 A.M. For Discussion Items: (1) Amendatory Agreement regarding the Local
Waterfront Revitalization Program (see resolution no. 19). (2) An unnavigable boat
problem in Mattituck Creek (see resolution no. 20). (3) Need for Dog Pound
repairs as cited by the NYS Dept. of Agriculture & Markets - this will be discussed
at 2:00 P.M. with a representative of the NYS Dept. of Agriculture & Markets and
members of the North Fork Animal Welfare League. (4) NYS-DEC contract with the
Federa Emergency Management Agency to review the amended flood plain management
regulations will be reviewed by the Town Attorney and a possible Local Law drafted
to amend the Town's current law. (5) Councilman Penny advised the Boasrd he
met with the Fire Officer's Council and asked the Board to again consider a waiver
of fees for special districts - namely the Orient Fire District for the construction
of a new fire station. The Board agreed that taxing districts should be exempt and
asked the Assistant Town Attorney Berntsson to draft an amendment to the Code
to provide for the exemption (see resolution no. 21 for an exemption for the Orient
Fire District).
EXECUTIVE SESSION: 10:30 A.M. Moved by Councilwoman ~ochran, seconded
by Councilman Penny, it was Resolved that the Town Board enter into Executive
Session. Vote of the Board: Ayes: Supervisor Murphy, Justice Edwards,
Councilwoman Cochran, Councilman Penny, Councilwoman Oliva, Councilwoman
Larsen. Also present: Assistant Town Attorney Berntsson, Town Clerk Terry,
Bookkeeper Cushman, Superintendent of Highways Jacobs, Police Chief W_'u~ters,
Insurance Consultant Mullen. Those present met with Lawrence Grimm, Vice
President, G.C.G. Risk Management to discuss Workers' Compensation cases with
respect to certain Town employees. Also discussed was PBA contract negotiations.
10:50 A.M. - For Discussion Items continued: (6) Notice from Venetia McKeighan,
Director of Human Services, that she has received $11,250.00 funding for the
purchase of a van. She has priced 15-passenger and 8-passenger vans, and the
cost differential is $1,250 more for the 15-passenger, which she recommends. The
Town Board agreed that Town funds should be contributed toward the purchase of
the van (approximately $7,900) since Mrs. McKeighan's programs are in dire need
of a new van. Resolution no. 22 was placed on the regular meeting agenda
-463
authorizing the Town Clerk to advertise for bid for a 15-passenger va~,. t7J
Findings State - Solid Waste/Sludge Composting Facility. With the exception of
Councilman Penny, the Board members were prepared to accept the statement (see
resolution no. 23). Councilman said the document is incomplete and his concerns
have not bee addressed, and these concerns with reviewed at length with George
Desmarais of H2M: No site specific detail, no soil studies, cross sections or test
borings. No well testing data--lack of information on the impact of 10,000 cjallons
per day. No detail on waste distillation, on incineration, on multi-town approach,
on landfilling compost. No information on the liner portion of the landfill as
required by the DEC. No information on Town waste studies, on scales, specific
traffic studies, on recycling, on EPA requirements, closure information. There is
no information on odors--only thing addressed covers the piles of compost, ~ot the
buildings. They should have all of that information now. Site related water was
not quantified~ there is no landscaping design, no mention made that this is a
shallow recharge area, not a deep recharge area. (8) Bond and Capita~ Note
Resolution, authorizing the design and construction of the compost facility, maximum
cost not to exceed $9,000,000. Discussion with respect to' adopting a bond resol~ution
.for a referendum on the Board's own motion, or a bond resolution for a permissive
referendum which would require a petition from Town taxpayers. Supervisor Murphy
wishes a referendum on the Board's own motion, to be held on October 3rd.
He said the builder is under a tight time frame and if the project doesn't go forward
expeditiously there -could be a delay until spring for start of construction.
Councilwoman Cochran felt the referendum should take place in November at the
General Election, at which time the largest percentage of the voters would be
reached. She is concerned about special interest groups at a special election, at
which time the turnout is generally small. Justice Edwards wished the referendum
held to November. Councilwoman Oliva had mixed feelings, she is concerned about
the cost of a special election, but worried about the escalated costs, however, she
agrees there would certainly be a larger number of voters at the General Election.
Councilwoman Larsen preferred the October 3rd date. Councilman Penny wants to
spare the taxpayers the cost of a special election. He does not feel the Town will
have a construction permit in two moths, and wished the bond resolution for a
referendum on the Town Board's own motion held until the Board's August 29th
meeting so it will be voted on at the General Election in November.--See resolutions
no. 32(a) and 32(b) - regular meeting.
12:25 P.M. - Recess for lunch.
2:10 P.M. - Work Session reconvened and the Board met with Gene Hogan,
Department of Agriculture and Markets, Robert Harrington, North Fork Animal
~,~'elfare League, Barbara Verity, Shelter Manager, and 15 League members to discuss
shelter violations cited by the Dept. of Agriculture & Markets several months ago.
Mr. Hogan had reviewed a memorandum by Councilwoman Cochran following her
inspection of the Shelter site in July and said that if the corrections noted in the
memo were accomplished the Town would be well on the way toward compliance.
Those corrections would be: repair interior and exterior gates, replace broken or
missing latches, replace new gates whereneeded, install cement curbing along run
drainage area, check cause of ceiling leak in new building, purchase isolation cages.
Further, the vent window in the Dog Control Officer's vehicle needs to be repaired.
2:30 P,M. - Some of the off agenda items discussed: Set 10:00 A.M., August 15th
for a hearing on the grievance of Paul Grattan, Highway Department, who was
denied permission to use one vacation day at a time.---Councilwoman Cochran said
there is a dire need for lifeguards, beaches are being closed already.---
Councilwoman Larsen request a resolution {28) asking the NYS-DOT to conduct a
traffic study on Route 25 throughout the hamlet of Southold to determine the need
for a no-passing zone.---Justice Edwards protested the Stop Work Order on Walsh
Park, Fishers Island. It was explained they did not have all the necessary
approvals to proceed.---Councilman Penny asked for a Town Board resolution (no.
31) to approve the concept of a joint launching ramp at the Mattituck Park District
property, on Mattituck Creek, subject to certain conditions._
~:20 P.M. - Edward Siegmann, on behalf of the Mattituck Seniors, East End Senior
Council, and TAX PAC, along with Joe Ristuccia, Chairman of TAX PAC, met with
the Board to ask that they (1) request the State to grant an extension of the 1990
Landfill closing date, and (2) request Governor Cuomo and the local State
representatives to come to Southold Town for a meeting to discuss the Landfill
closing bill and how the State can help the towns. Mr. Ristuccia said Brookhaven
is trying to get an extension and all the Town's should join in. Further, he feels
tl~e Town should enlist professionals to volunteer their services to do research into
solving the garbage problem before committing the Town to the composting proposal.
3:45 P.M. - Board reviewed resolutions for the regular meeting and audited
outstanding bills.
4:25 P.M. - Work Session adjourned.
464
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on Tuesday, August
l, 1989, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7:30 P,M,, with the Pledge of Allegiance to the
Flag.
Present:
Supervisor Francis J. Murphy
Justice Raymond W. Edwards
Councilwoman Jean W. Cochran
Councilman George L. Penny IV
"-~:ouncilwoman Ruth D. OHva
Councilwoman Ellen M. Larsen
Town Clerk Judith T. Terry
Assistant Town .~ttorney Robert H. Berntsson
SUPERVISOR MURPHY: The first item on the agenda is a resolution approving
the audit of the bills of August I, 1989.
Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the followin~ bills be and hereby ordered paid: General Fund,
Whole Town bills in the amount of $43,719.51; General Fund, Part Town bills in
amount of $91,056.55; Nutrition Fund bills in the amount of $46.26; Community
Development Fund bills in the amount $8,477.56; Highway Fund, Whole Town bills
in the amount of $22,552.83; Highway Fund, Part Town bills in the amount of
$4,467.11; Capital Projects Account bills in the amount of $27,200.00; Composting
Facility Capital bills in the amount of $18,571.47; Fishers Island Ferry District
bills in the amount of $13,524.89; Fishers Island Sewer District bills in the amount
of $770.50; Southold Wastewater District bills in the amount of $17,329.17; Fishers
Island Ferry District Agency 8 Trust bills in the amount of $232.09.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: The next order of business is a resolution approving
the minutes of the Town Board meeting of July 18, 1989.
Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the minutes of the July 18, 1989, rec~ular Town Board meetinc~
be and hereby approved.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Next is a resolution setting the next meeting dates. First
one is August 9, 1989, at 1:00 P.M., at Fishers Island. This is our annual meeting
over there. The next one is August 15, 1989, 3:00 P.M., Southold Town Hall.
I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilwoman 'Cochran, it was
RESOLVED the the next meeting will be held at Fishers Island, on Wednesday,
Auc~ust 9, 1989, at 1:00 P.M., and the next rec~et--[~'of the Southold Town
Board will be held at 3:00 P.M., Tuesday, August 15, 1989, at the Southold Town
Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: At this time I'd like to have a special proclamation. We'd
like to ask a former coach, great teacher, a great man in Southold Town, Bob
Muir to come up, and we would like to have a proclamation and presentation made
to you, Bob. Councilman Penny will read the proclamation on behalf of the Town
COUNCILMAN PENNY: I just want to say, that before I do this, that when I
was 7 or 8 years old, Coach Muir, as he was known to all of us at Mattituck High
School, he was in charge of the swimming lessons, and when he shoved my face
in the water that first time, and told me I had to learn how to breathe under
those conditions, I never figured I'd ever be here giving him a proclamation.
Moved by Councilman Penny, seconded by the entire Town Board,
WHEREAS, Robert Muir, a most esteemed employee of the Town of Southold has
retired from servic~ to the Town of Southold; and
AUGUST 1, 1989
465
WHEREAS, Robert Muir, has given generously of his time and talent in his faithful
service to the residents of the Town of Southold as Beach Manager; and
WHEREAS, Robert Muir's record of fine service, diligence to duty and dedication
to the Town of Southold deserves the sincere gratitude of those with whom and
for whom he has served; and
~,~'HEREAS: the Town of Southold will be deprived of his wise counsel and iudgment
as Beach Manager; now, therefore, be it
RESOLVED: that the Town Board of the Town of Southold hereby expresses its
most sincere appreciation to Robert Muir for his unselfish and wholehearted
cooperation and untiring efforts on behalf of the Town, and extends their best
wishes for the years ahead; and be it further
RESOLVED; that a copy of this resolution be presented to Robert Muir and entered
in the permanent records of this Town Board meeting.
Dated: August 1, 1989.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN COCHRAN: On behalf of the Town Board, this is a lovely item
to put on our shelf. It's the seal of Southold Town, which means a great deal
to all of us, that on behalf of the Town Board, with sincere appreciation and love
for the many years of service you've given to Southold Town, we would like you
to accept this with our gratitude.
SUPERVISOR MURPHY: Now, Robert, say something.
ROBERT MUIR: I'd like to have the Town Board thank Mat-A-Mar Marina for
tile use uf their pool. Without a pool, we would be stuck. We use Brookhaven's
pool. I'd like to have them thank Brookhaven. We are the only ones that they
let in that pool. It is a private pool, Brookhaven, and they've let us use it, l
don't know how many years. I'd like to have the Town Board thank them for
that use.
COUNCILWOMAN COCHRAN: We
'~']e will. It's important for us to
been very kind.
certainly will see that they are thanked for it.
continue our lifeguard program, and they have
ROBERT MUIR: It is important to continue your lifeguard program, and without
that, they just don't come to you prepared. I had three come to me this week,
two boys and one girl, and let me tell you, the girl will never get the same shake
as the boys do, because girls can't do it. They need something. I know what
they need. They are not in condition to do the work.' I used to be a former
Hfe guard examiner, so it's easy for me to spot these people, and run my own
swimming program, which I still do. It was easy for me to spot someone who
would qualify as a life guard. It's a tough job to find these people. They just
don't float in out of the air, but hopefully someone will continue. It's not easy,
but it can be done. There's no hard feelings with me and myself, and the Town
Board. Thank you very much.
SUPERVISOR MURPHY: Again,Bob, thank you from all the people in Southotd Town
for your many years of dedicated work.
!. REPORTS.
SUPERVISOR MURPHY: Moving on to the first item on the agenda are reports.
These reports are all on file in Town Clerk's Office.
3.
4.
5.
(a) Supervisor's Monthly Budget Report for May, 1989.
(b) Supervisor's Monthly Budget Report for June, 1989~
Recreation Department Monthly Report for July, 1989.
Southold Town Dog Shelter Monthly Report for July, 1989.
Community Development Monthly Report for July, 1989.
Building Department Monthly Report for July, 1989.
SUPERVISOR MURPHY: At this time, I'd like to ask the Councilmen if they have
anything special to report, starting on my right with Ruth Olivao
COUNCILWOMAN OLIVA: On July 18th, I attended interviews for the Board of
Assessment Review. On July 20th, we had a Code Committee meeting. We dis-
cussed replacement of structural features of a house, in kind and place. We
discussed wineries in "B" zones. We discussed resort residential zone, and we're
holding that over to review that'. We discussed storage trailers, accessory structures,
466
AUGUST 1, 1989
and we redrafted the fraternal organization definition, so that the American Legion
could fit in. On July 24th, ] along with the Town Board, visited the Dog Pound
to see the conditions there, because we have been cited by New York State, and
we will be rectifying some of those. Also, on July 24th, I attended the Greenport
Utility meeting. On July 25th, we had a meeting with Charles Graves concerning
our CSEA negotiations. On July 27th, we had a Housing Committee meeting~, which
Chairman Jean Cochran will report on, and last night, J'uly 31st, I attended a
meeting between the CSEA and our health insurance, Risk Management, because
they had some questions, and I hope they will be resolved. Thank you, Frank.
SUPERVISOR MURPHY: Thank you, Ruth. George?
COUF~C[LMAN P~F~F;Y: Yes. On the 18th, ] ~ttended the ~o~rd of Assessment
Review. We interviewed people for that position. On the 18th, also, I attended
a meeting of the Mattituck Park District. The discussion was about a resolution,
which is on the agenda tonight, for a joint proposal for a ramp on Mattituck Park
District property in conjunction with the Town of Southold. On the 20th, I attended
the Code Committee meeting. On the 21st, I attended a meeting on Peconic County
in Southhampton Town Hall, and I can bring you just a small update here on the
status of Peconic County. On June 29, 1989, a State Senate approved legislation
which would establish a petition and referandum procedure for the creation for
Peconic County. The vote in the State Senate was 55 to 4. The legislation mandates
the preparation of a complete fiscal and tax statement before any further action
could be taken on Peconic County. After preparation of the fiscal impact statement
a petition may be circulated requesting the referandum. To be valid the petition
must be signed by at least 10% of the number voting in the last gubernatorial
election. Upon certification of a valid petition, a referendum would be held at
the next general election. Population. The 1989 LILCO population survey has
been released. According to the survey the population of the five east end towns
is 114,569. Article 3, section 5 of the State constitution provides, before a new
county to be created, the territory must have a population sufficient to entitled
it to a member in the Assembly. That Assembly district size requirement is
117,049. Specifically a 10% deviation from the ideal numoer is consitutionally
permissible, so if the census, the 1990 census, holds up, we could have enough
people to intiate the procedure. Revenues. The new county would have five
primary revenue sources, real property tax, non-property tax, sales tax, state --
aid, federal aid and miscellaneous It is estimated that Peconic County would
generate about $128,000,00. in revenues if it were a county in 1989. This e'~itnat~
is based upon the following assumptions. A property tax levy equal to that paid
Suffolk from 1989 by the East End. A sale tax estimate based an interpolation
of a 1980 sales state estimate, and see the assumption that the new county would
receive an amount of state, federal and miscellaneous revenue equal to the average
of counties of similar population. So things are starting to fall in place. The
main thing we're interested in right now, is lobbying the Assembly, because the
Assembly has to pass this bill that was passed in the Senate by 55 to 4. So,
part of the jobs in my committee is legislation, legal and lobbying, and lobbying
will be a very important issue. On the 24th, I attended the Town Board meeting
of the Dog Pound. On the 24th, also, we had a meeting of the CSEA Committee,
were we went through the contract prior to the meeting with the Town negotiator.
On the 27th, I attended a Trustee meeting. This was in line with the same
proposal for a ramp in Mattituck, because the property is held by the Trustees
of the Town of Southold. On the 27th, I attended a meeting of the Southold Town
Fire District Officers' Association at Mattituck Fire Department. The major topic
was the exemption of fire districts from Town fees, and tonight we're voting to
exclude the Orient Fire Department from having to pay building permit fees to
the Town, because they're a taxing district the same as we are. On the 29th,
also, I attended the North Fork Animal Welfare Leaque annual meeting at the
Peconic Center. There was a great discussion by Dr. Bill Zitek on Lyme's
di. sease and on heart worm and we a/so, had some discussion on the facility.
Thank you.
SUPERVISOR MURPHY: Thank you, George. Jean?
COUNCILWOMAN COCHRAN: On July 19th, I met along with our assistant Town
Attorney, Rob Berntsson and Peter Kren in relation to the Chamber booth in
Mattituck. The contract had been signed but there was still some question in
relation to the responsibility of the water in the Chamber booth, and a filter
system being applied, so they certainly are provided with the best available
water. I did relay to him that the Town Board, at our last meeting, had voted
to install the system, and he wa~s very happy to learn that, and he's relayed to the
Town'Board, thanks for their cooperation. Also~ on July 19th, in the evening.
I attended a meeting in Riverhead of the Five Town East End Recyclinc~ Committee.
As you may be aware, the State has provided a grant for the hiring of a coordinator,
and the young man_has been hired and he comes with very high credentials. I
serve on the educational committee. The committee is planning to cite this recycling
mirth in the area of the Westhampt~ ~i~:~
Presently the land that they have
given for this purpose used to be a depot fuel storage area, so of course the
committee is taking every precaution that before it is turned over to us, that
it will be cleaned up by the Federal government, so we do not accept a liability
in that area. On the 24th of July, the Town Board members met with members
from the Animal League, as George has reported. This morning, they did come
in again with a gentleman from the State, in relation to our violations in the Dog
Pound. The Board has approved that we'll take care of the immediate problems
that are not a great expenditure, but they are things that we must do because
we are in violation. We'll, also, in the future be looking at the feasibility of
adding runs or looking at a facility for the area. It's come to that, and before
being violated from the State, I think this Town Board has to act in that direction.
On the 26th, I met with Supervisor Murphy, Bessie Swann, Director of CAST,
Dr. Betty price~ who ~ a member of the CAST board, and m'~,se!f, to discuss
tt~e future of the CAST Substance Abuse Committee. Bessie and, I think; the
four of us agreed that the CAST organization is not the best vehicle for desiing
with the problems that we have in Southold Town in relation to drugs. It is the
feelin9 of this group as we chatted about it, and I hope what will come from the
Town Board when this does reach them, that it should be a program sponsored
by Town ,government to give it a broader base, a wider spectrum. It's the same
as any other health related problem. Some may feel that government should not
be involved in health related problems, but certainly in the area o'f drugs, this
affects all of us in the community, 'and therefore we all have to be involved, and
do the best we can in trying to solve some of the problems. The Substance Abuse
COmmittee will be meeting at 5:00 o'clock on August 16th, and we will be discussing
the feasabilitY of approaching the Town for their support. On the 27th, the Town
Board Affordable Housing Committee, or we call it the Housing Committee, but
we deal mostly in the area of affordable housin9, We met to formulate the guidelines,
which are necessary for the application of a grant to New York State. We are
able to apply to the State for 9rants of $25,000. I believe that the number we're
entitled to apply for, we!re applyin9 for $36,000. We see this as a addition to
helping youn9 people cut the cost of their housing, and Mr. Costello, as you know,
and Mr. Bracken, that is working on the project in Greenport, they have expressed
that they are more than agreeable to working with the Town in support of applying
for the 9rants to the State. It's a $25,000 9rant that is not repayable, and we
see it as a vehicle in helpin9 youn9 people to better attain housing. Also, last
night I met with the CSEA. They had sponsored a meeting in relation to our
new medical program. As you know we are now self-insured. Some of their concerns
were yearly physicals in relation to college students. They feel that participating
doctor list is not as adequate as they would like to see. Several other concerns
were expressed. We are hopeful that these problems can be eleviated and we
can continue, because we feel that, at this point, it is the best way to go as far
as the Town being self-insured. Also, we had Mr. Muir here this evening. I
would just like to report that as chairman of the Recreation, Par~and Beaches,
that we are having difficulty in getting youn9 people to become lifeguards. I
think a par[ of thiS; as a result, the Red Cross no longer provides'swimmin9
programs. The Town now sponsors this, so that our youn9 people do have the
ability to learn to swim, but we have been unfortunately forced to close some of
our beaches; I know last weekend McCabe's was closed one day, and Kenny's
the other day. We've had several lifeguards quit. The Committee, the Parks
Committee of which Ellen served on, we realized, and you could see it comin9
down the road each year, that we were goin9 to have more and more problems
in relation :tO obtainin9 lifeguards, so we did increase, some of the fees last year,
so that we could increase the salaries of the lifeguards, but it's somethin9 we're
coin9 to have to put more emphasis on, because the youn9 people just aren't just
comin9 into the area of lifeguards. Years ago it used to be a glamorous summer
job, but numer one we don't have the youn9 people in the population at this point,
and number two, this isn't in the way of an explanation, that if you find a beach
closed, we're doing everything possible. We have continued to advertise each
week for youn9 people in lifeguards, and we certainly hope that you'll understand
this plight, and the Committee will be working to encourage more youn9 people
:~ext year to come to the Town as an employee, and serve as a lifeguard. Thank
you, Frank.
SUPERVISOR MURPHY: Thank you, Jean. Ellen?
COUNCILWOMAN LARSEN: Thank you, Frank. On the 19th, I attended the
CEQ meeting of the Suffolk County Legislator. This was the Council on Environ-
mental Quality. As you may recall several years ago a drainage project to alleviate
the road water runoff into Mill Creek, which is a primary shellfish habitat, was
proPosed by the Town of Southold at a very astronomical cost. Since that time
over the two year period, I have wholeheartedly pursued the funding of this for
the Town of Southold. I've met with the Suffolk County Department of Works,
engineers, the County Legislature, and the CEQ Committee on at least four
occassions to get thi. s funding and project approved. As a result at the most
recent CEQ meeting they approved a leaching basin project for the Town of
4 68 AUGUST 1, 1989
Southold pursuant to see how that would work, before constructing 3.7 acres of
a recharge basin which would be at a much higher cost. These leaching fields
will eliminate most of the runoff into Mill Creek, and keep fish habitat open, and
now there's hope for the future. Also, on the same subject, the Town of Southold
last fall competed with areas such as San Francisco for an EPA grant on an
artificial wetland creation. We submitted an application for Hobart Road in Southold,
which is a drainage area for all of Route 25 in Southold and the immediate roads
facing Founders Landing. This area, if anyone has ever seen it in a heavy rain
storm, is atleast 8 inches deep, and there's a culvert that runs right into Town
Creek. I've sat there on Saturday afternoon taking photographs to document
the conditions on the site, and to show the slope of the roads. We met with Chri~
Smith from Cooperative Extension, and Emerson Hasbrook from Cornell, who sub-
mit'~ed L;'~e grant application for-us. Because of Southold ToWn's-hi. story we were
the first town on Long Island to document all the areas of road water runoff.
~'~e had a history of the Skunk Lane project. We even beat out areas, such as
San Francisco for the reception of that grant. The 9rant is in the works right
now. We will be receivin9 it shortly, and I would personally like to thank Mr.
Lewis Edson, who will be allowin9 the Town of Southold access over this property.
It is one of the most severe runoff problems within the Town of Southold, and
I'm very proud to have been a part in receipt of that grant. I, also, attended
the July 18th meeting for the interviews for the Board of Assessment Review,
and on the 31st the meeting which Jean and Ruth reported on, the CSEA health
insurance. There's, also, ~ resolution on tonight requesting that the New York
State Department of Transportation do a traffic study to investigate the reason
why there is a no-passin9 zone in Southold Town proper, right in the Town here.
It was brought to my attention by a citizen that the main dra9 of Southold is a
passing zone, and it 'was brought home to me personally when I was dropping
one of my children off in front of the pharmacy in Southold, and there was no
adequate parking, and a vehicle passed me on the left hand side of the road
durin9 a very heavy traffic period. So we will be asking not only for public
safety that they make this a no-passing zone, but to eliminate the possibility of
any potential future law suit. Thank you.
SUPERVISOR MURPHY: Thank you, Ellen. Raymond?
JUSTICE EDWARDS: Thank you, Frank. On the 23rd, the Fishers Island --
Conservancy had their annual summer meeting, and at that meeting was a
lion by the engineering firm that did the water study at Fishers Island, a part
of which was funded by the Town of Southold, and the end result is that there
~s plenty of water, palatable water,under Fishers Island for reasonable residential
growth. Of course, there is very little commercial property on the Island, but
from all reports the aquafier under the'-Island is in fairly decent shape. On the
26th, the State Police liettenant and captain from Suffolk County and Islip came
over to Fishers Island to do a check on the two gentlemen that are over there
this summer, and I can honestly say that the two young troopers that were sent
to the Island are doing an excellent job. The people on the Island are very happy
with their performance, and one other bit of good news is in the Town Hall here,
in this room you can see various paintings around the walls by the local Southold
artists, and I was requested to bring over some of the paintings from one of the
artists on Fishers Island, which I did d(~. There's a pair of ducks in the back
there by Edward Horning, and I will be replacing them about once every two weeks.
I'll bring other works of the various island artists here in Town Hall. Now the
bad news is on the 19th of July, the Building 'Department sent a representative
over to Fishers Island to shut down the affordable housin9 project,that has been
plodding along on Fishers Island,for some minor technical reason. I can honestly
say, that due to the red tape here in Town Hall, that that project has been held
up for almost a year. True, there's been little things that have been needed
in their applications, and so forth, but this is a non-profit. There's no developers
involved in this, and we are at least a year behind schedule because of this, and
with that, thank you, Frank.
SUPERVISOR MURPHY: Thank you, Raymond. I was just like to add the recyclin('
coordinator, the five East End Towns hired, will be at our next meeting in Southol~
to talk to us.
l! PUBLIC NOTICES.
SUPERVISOR MURPHY: Moving on to Item 2, public notices, there are six of
them. These are on file in the Town Clerk's Office, and posted on the Bulletin
~3oa rd here.
1. N.Y.S. Department of Environmental Conservation; Notice of Complete
Aoplication of Peter Fakiris to dredge an area surrounding an existing pier and
di .sp~se of spoil in an upland location at Shipyard Lane, Gardiners Bay, Cleves
Point, East Marion.- Comments by August 11, 1989, to Susan Ackerman, 516-
751-790O.
2. N.Y.S. Department of Envionmental Conservation; Notice of Complete
Application of Fishers Island Water Works Corp. to convert an existing test well,
screened to a depth of 74', to a water supply well with a pumpage capacity of
250 GPM, and to construct a treatment building for disinfection; said project located
near the intersection of Barlow Hill Rd. and Center Island Ave. Comments by
August 11, 1989, to Stephen C. Mohr, 516-751-7900.
3. U.S. Army Corps of Engineers, N. Y. District; Application of George
and Barbara Woodhull to reconstruct a bulkhead, place attendant backfill and dredge
in the Peconic River, Great Peconic Bay, at Riverhead, Suffolk County, New York.
Comments by August 9, 1989.
4. N.Y.S. Department of Environmental Conservation; Request for Comments
Bill mandating an increase in tidal wetland permit fees. Comments by August 8,
!989.
5. U.S. Army Corps of Engineers, N. Y. District; Application of lan G.
M. Brownlie to construct three timber groins in Greenport Harbor, Shelter Island
Sound. Written comments by August 23, 1989.
6. U.S. Army Corps of Engineers, N. Y. District; Application of Joseph
Cornacchia to install a hingec] ramp and three floating piers at Jockey Creek,
Southold. Comments by August 11, 1989.
III. COMMUNICATIONS.
SUPERVISOR MURPHY: Item 3, is communications. There is one from a man
thanking the Police Department for a job very well done.
1. Irving L. Price, Jr., expressing appreciation to Chief Winters, for
Police Officer J. Gordon's kindness shown to Mr. Price's wife after an accident.
IV. PUBLIC HEARINGS.
SUPERVISOR MURPHY: There are three public hearings scheduled tonight at
8:00 o'clock.
I. 8:00 P.M., "A Local Law in Relation to Zoning" (deletion of Section
100-239.d.C)
2. 8:02 P.M., "A Local Law in Relation to Zoning" (correction of errors
in Density and Lot Size Schedules).
3. 8:05 P.M., "A Local Law in Relation to Zoning" (add wineries to ail
districts except Marine, R-40 and AHD)
V. RESOLUTIONS.
SUPERVISOR MURPHY: We'll move on to resolutions, and at this time I'd like
to remind the people in the audience the policy of the Town Board. If anyone
would like to address the Town Board, limit it to five minutes, and we only on
resolutions at this, that are being offered. After the resolutions and the final
comments by the Town Board members, there will be a period of time for comments
on anything else of any concern of anybody in the Town at that time, except for
what's on the resolutions. So would anyone like to address the Town Board on
a proposed resolution, you may do so now. Over here on the left? Ed?
EDWARD SIEGMANN: Ed Siegmann, Mattituck. On resolution 32, I'm glad to see
that the Town Board is recommending a referendum on the bond resolution, but
I'm disappointed in one thing. I see October the 3rd is the date. My feeling
would be that number 1, if you held it a month later, at the time of the regular
election, you'd save whatever the cost would be for running a special election.
Plus the fact that special elections never bring out the amount of people that are
brought out in a regular election, and think a shining example is the example
of only 900 people voting in the recent Greenport School situation. After all of
the things that went out on it, and all of the public hearing what was going on,
still for only 900 people to come out was very small. I think the same thing would
happen if you had this October the 3rd instead of in November. One other shining
example I would think if you held it in November, I would hope that this discussion
on this garbage business would be taken out of the realm of politics, and done
along the lines of what's good for the peopl'e, because the cost is going to be
tremendous.
SUPERVISOR MURPHY: Anyone else like to address the Town Board, on any
proposed resolution? (No response.} Over on the left, and middle? (No response.)
It is now 8:00 o'clock, so [ would like a resolution to recess in time to hold the
three public hearings.
Moved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that a r_ecess be called at this time, 8:00 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
.~leetincj reconvened at 8:20 P.M.
SUPERVISOR MURPHY: Resolution Number 1 is the appoint of John Sullivan
as a member of the Board of Assessment Review effective August 2, 1989 through
September 30, 1991. I offer that resolution.
.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of SoutholH herebv a~opoints ~lohn
P. Sullivan a member of the Board of Assessment Review, effec~iv-e August 2,
~989 through September 30, 1991.
.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 is to accept a bid.
2.-Moved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of George Malvese & Co., Inc., Hicksville, New York, for the repair of the
Komatsu Model W120-3, S/N 50212, SMR 9303 Payloader, at a total cost of $28,000.00,
all in accordance with the bid specifications.
2.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 3 is authorize employment of a seasonal clerk for
the Fishers Island Ferry District.
3.-Moved by Justice Edwards, seconded by Councilwoman Larsen, 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 employ Frank T.
Gillan, Fishers Island, as a seasonal clerk for the Fishers Island Community
Ti~eatre, effective immediately, at a salary of $80.00 per week.
3.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is to authorize the Fishers Island Ferry District
to employ part-time deckhands.
-~.-~.'~oved by Justice Edwards, seconded by Councilman Penny, 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 employ the followinq
mart-time deckhands, effective immediately: Colin H. Martin, $6.25 per hour,
Richard V. Neijadlo, $5.25 per hour, Justin E. Hauser, $5.25 per hour, Robert
J. Stevens, $5.25. per hour.
-;.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justi~ze Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 5 is a determination of non-significance on a
proposed code change.
5.-.".loved by Councilwoman Cochran, seconded by C, ouncilwoman Oliva, 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 sic~riificant effect on the environment.
DESCRIPTION OF ACTION: Amendment to Chapter 100 (Zonincj) of the Code of
the Town of Southold by addinc~ Fraternal Orqanizations. The project has been
c~etermined not to have a significant effect on the environment because an Environ-
mental 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.
5.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
:AuGuST 4 71
SUPERVISOR MURPHY: Number 6 is to transmit that proposed Local Law in
Relation to Zonin9 concerning fraternal organizations to the Southold Town Plannin9
Board and Suffolk County Department of Plannin9, I offer that resolution.
· -Moved by Supervisor Murphy, seconded by Councilwoman Oliva,
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 Zoninc~" (Fraternal
~Organizations), 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 Planninc~ Board and
the Suffolk County Department of Plannin9 in accordance with the Code of the
Town of Southold and the Suffolk County Charter. Said proposed Local Law reads
ns fo!!ows, to w.:.t:
A Local Law in Relation to Zonin9
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) is hereby amended as follows:
1. Section 100-13 is hereb,,, amended by adding thereto the
following:
FRATERNAL ORGANIZATION - A non-profit association of persons
bound by a common interest or goal, be it civic, patriotic,
charitable, educational or historical.
2. Section 100-71A is hereby amended by adding thereto a new
subsection (3) to read as follows:
3, Buildings, structures and uses owned or operated by fraternal
organizations and utilized for activities typically conducted by
a fraternal organization including, but not limited to public
meetings places, charitable and fund-raising events, patriotic
observances and catering for public and private functions.
II, This Local Law shall take effect upon its filing with the Secretary
of State.
.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 we're going to hold. (A resolution in support
of Suffolk County Legislature Introductory Resolution No. 1620-89, a law creating
the Suffolk County Marine Activities Coordinating Committee.) Number 8 is a
Budget Modification.
.-.Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 budget modification to the General Fund - Whole Town 1989 Budget to
?rovide for interim 1989 Receiver of Taxes audit and budget shortfall in insurance
line item:
To: A1320.4 Independent Auditing, Contractual Expenses $ 1,000.00
A1910.4 Insurance, Contractual Expenses $ 6,000.00
From: A1330.4 Tax Collection, Contractual Expenses $ 1,000.00
A1990.4 Contingencies $ 6,000.00
g. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
~c-~m~-~ Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 9 is to appoint Pat Mott and Cheryl Schriefer
as part-time Matrons to the Southold Town Polic Department, effective immediately,
at a salary of $6.00 an hour. I offer that.
P.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Patricia
Mort and Cheryl Schriefer as part-time Matrons for the Southold Town Police
Dupartment, effective immediately, at a salary of $6.00 per hour.
-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 10 is to authorize the Town Clerk to advertise
for CPR and Stillwater Certified Lifeguards for the remainder of the season, at
a salary of $7.00 an hour. I offer that.
10i.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for CPR and Stillwater Certified Lifeguards
for the remainder of the summer season, at a salary of $7.00 per hour.
10.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 is a renewal of a single family trailer permit.
11 .-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the application of Frank J. McBride for renewal of his single
_family house trailer permit for trailer used for living quarters for farm workers,
located on the north side of Oregon Road, Cutchogue, New York, which permit
expires on August 9, 1989, be and hereby is cjranted for a six (6) month period.
11.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 12 is to authorize the closing of a Town road.
12.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closincj of Sound Road, Mattituck, between Love Lane/Route 25 and Westphalia
Avenue for the following events by the Mattituck Presbyterian Church: August
5, 1989, from 10:00 A.M. to 2:00 P.M. for The Country Fair, and from 7:00 P.M.
to 10:00 P.M. on August 18, 1989 for the Voices in Praise, provided the Mattituck
Presbyterian Church secures and files with the Town Clerk a Certificate of
Insurance for at least one (1) million dollars covering the Town of Southold as
a named insured.
12.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
COUNCILWOMAN LARSEN: I would just like to comment. I've attended the Voices
in Praise in the past. It's a lovely beautiful uplifting experience. They do a
wonderful job, the singers. You walk away feeling like a million dollars.
SUPERVISOR MURPHY: Number 13 is to appoint EISEP aides.
13.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the
followincj Expanded In-Home Services for the Elderly (EISEP) Aides:
Priscilla Bell, 20 hours per week, $5.50 per hour, effective July 17, 1989
Kelly Clift, 20 hours per week, $5.50 per hour, effective July 20, 1989.
Sandra Stevens, 20 hours per week, $5.50 per hour, effective August 2,1989
Holly Smith, 20 hours per week, $5.50 per hour, effective August 2, 1989
Joan Dorobkowski, 20 hours per week, $5.50 per hour, effective August 2,1989
13.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is to authorize an increase in the per hour
rate of pay for Brief Respite Aides from $4.00 to $4.50 an hour. I offer that.
14.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
increase in the per hour rate of pay for Brief Respite Aides from $4.00 per hour
to $4.50 per hour, effective July 29, 1989.
14.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 is to appoint a Brief Respite Aide.
15.-Moved by Councilwoman Larsen, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Joan
Dorobkowski as a Brief Respite Aide, 20 hours per week, $4.50 per hour,
effective August 2, 1989.
15.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 16 is to authorize emergency repairs for the
Fishers Island Ferry District.
16.-Moved by Justice Edwards, seconded by Councilwoman Cochran,
WHEREAS, a recent inspection of the southerly ramp system at Silver Eel Pond,
Fisher Island has revealed that the three pile 'dolphin protecting the westerly
counterweight tower has failed and fallen against the ramp, and the ramp has
now shifted to the eastward causing the lifting wire to chafe against the side of
the ramp, and an in. spection of the three pile dolphin protecting the easterly
counlerweight tower reveals that an advanced state of deterioration exists; and
473
AUGUST I, 1989
WHEREAS, it is necessary to have this ramp system operational fortimes when
two vessels are simultaneously moored at Fishers Island and as a primary mooring
during periods of inclement weather when wind conditions obviate usage of the
northerly ramp system; and
WHEREAS, Whaling City Dredge and Dock Corporation of Groton, Ct. is presently
working at Silver Eel Pond replacing dolphins at the entrance to the pond and
is available to make emergency repairs at the southerly ramp system on a timely
basis at a cost of $16,256.00; now, therefore, be it
RESOLVED that the Town Board of the Town of Southotd hereby concurs with
the Board of Commissioners of the Fishers Island Ferry District that emergency
repairs are required, and grants the Board of Commissioners permission to enter
into an agreement with Whaling City Dredge and Dock-Corp. to make the necessary
repairs per- its price of $~t15,256.00
16.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 17 is to authorize the execution of an agreement
for the Fishers Island Ferry District.
17.-Moved by Justice Edwards, seconded by Councilman Penny,
WHEREAS, by resolution of October 20, 1987, the Town Board of the Town of
Southold authorized the election of the firm of Calocerinos & Spina Engineers,
P.C. (C&S) of Syracuse, New York, to serve the Fishers Island Ferry District
as its Airport Consultant (Elizabeth Field) for a term of five (5) years; and
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District now
wishes to enter into a Lump Sum Agreement with C&S Engineers, P.C. for design
of the project entitled "Fishers Island Airport Obstructio6 Lighting and Removal"
at a cost of $36,800.00; and
WHEREAS, said agreement is to be made between the Town of Southold on behalf
of the Fishers Island Ferry District and Calocerinos & Spina Engineers, P.C.;
now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby approves of the
agreement between the Town of Southold on behalf of the Fishers Island Ferry
District and Calocerinos & Spina Engineers, P.C., and authorizes and directs
Supervisor Francis J. Murphy to execute said agreement on behalf of the Town;
and be it further
RESOLVED that all costs associated with said agreement shall be chargeble against
Fishers island Ferry District funds.
17.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: This has been Fishers Island night. A lot of activity.
Number 18 is to waive the requirements of soil removal permit.
~3.-.':',.oved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby grants Steven
Dubner/Northeast Nurseries a waiver of the requirements of Chapter 81, Soil
~--',emoval to: Exchange approximately 600 cubic yards of top soil and sand from
their farm located on the north side of CR 48, between Cox Lane and Bridge Lane,
(1000-084-01-008) Cutchogue, (top soil) and their farm located on the south side
of CR 48, (1000-84-4-6.1), Cutchogue (sand). Equal amounts of sandy material
from the northerly farm would be replaced with the topsoil cut from the roads
on the southerly farm, and the top soil will be used for planting.
~8.~Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 19 is to execute an amending agreement on our
Local Waterfront Revitalization Program Agreement.
,';loved by Councilwoman Oliva, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Francis J. Murphy to execute a Third Amendator¥ Agreement
[o the Waterfront Revitalization Agreement (Comptroller's Contract No. D002954)
between the New York State Department of State and the Town of Southold, to
delete Task 10 - "Preparing the Draft LWRP Document" of Exhibit A - Work
Program; that the Federal/State share of the Total Project Cost will be reduced
to $28,680.00, and the Total Project Cost reduced to $57,360.00
19.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman OIiva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to authorize the removal of an unnavigable
boat in the Mattituck Creek.
20.-Moved by Councilwoman Larsen, seconded by Justice Edwards,
WHEREAS, Section 32-33 of Chapter 32 (Boats, Docks and Wharves) of the Code
of the Town of Southold authorizes the removal of any boat which becomes a menace
to navigation or unseaworthy, or sinks, grounds or otherwise becomes disabled
or incapable of navigation; and
WHEREAS, the Bay Constable has determined that such an unnavigable boat is
tied to the dock of property of Sidney Olmsted of 1300 Westphalia Road, Mattit~ck .,~
New York, who is not the owner of said boat; and
WHEREAS, the Bay Constable has given notice to the owner, David Gormely, and
advised him to repair or remove U~e boat with one week; ancl
WHEREAS, said boat has not been repaired or removed;
NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 32-33 of the Town
Code, the Town Board directs that said boat be removed and disposed of in the
Cutchogue Landfill, if same is not removed with one week after written notice
of this resol.ution is served upon the owner.
20.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 21 is to waive the building permit fees for the
construction of a new fire headquarters at the Orient Fire Department, Route 25
and Tabor Road in Orient. I offer that.
21 .-Moved by Supervisor Murphy, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby waives the buildincj
permit fees for the construction of a new fire headquarters for the Orient Fire
Department at the corner of Route 25 and Tabor Road, Orient, New York. I offer
that.
COUNCILWOMAN COCHRAN: I would just like to add, George reported on this
earlier that this was happening tonight, but the Town Board has reached an agree-
ment that all taxing districts fees will be waived in relation to permits, so this _~
has to be changed or added to the Code, which ever way it has to go, Rob, that
we are not taking a select incident only. It will apply to all taxing districts.
School districts are immune alrea~ly.
COUNCILWOMAN LARSEN: Park districts, and fire districts.
COUNCILWOMAN COCHRAN: We've gone in this direction because the taxes, rather
its district or Town taxes are still coming from the taxpayers, so we feel that
it's a correct thing that we can do.
SUPERVISOR MURPHY: Don't take out of two pockets.
21.-Vote of the Town Board: Ayes: Councilwoman,Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: -Number 22 is to authorize the Town Clerk to advertise
for bids.
22.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of a new 15 passenger
van for the Nutrition Program.
22.-Vote of the Town Board: Ayes: Councilwoman:Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 23 is a finding statement on the FElS for the
Solid Waste/Sludge Composting Facility. I offer that resolution.
23.-Moved by Supervisor Murphy, seconded by COuncilwoman Cochran, it was
RESOLVED that pursuant to Article 8 of the State Environmental Quality Review
Act (SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the
Town Board of the Town of Southold, as lead agency, makes the following findings
with respect to the Final Environmental Impact Statement for the construction of
a 120 TPD municipal solid waste and sludge composting facility at the existing
Town Landfill at route 48, Cutchogue, New York: The material provided in the
Draft Environmental Impact Statement and Final Environmental Impact Statement
with respect to significant issues identified during the formal scoping process
include groundwater contamination, visual impacts, contingency planning, noise
and odor. It is evident that mitigative technologies proposed and incorporated
into this action minimize or avoid adverse environmental impacts, and be it further
RESOLVED that having considered the Draft Environmental Impact Statement and
the Final Environmental Impact Statement, and having considered the preceding
written facts and conclusions relied upon to meet the requirements of 6 NYCRR
617.9, the Southold Town Board further finds that:
1. The requirements of 6 NYCRR Part 617 have been met;
2. Consistent with the social, economic and other essential considerations
from among the reasonable alternatives thereto, the action approved is one which
minimizes or avoids adverse environmental effects to the maximum extent practicable;
including the effects disclosed in the environmental impact statement, and
3. Consistent with social, economic and other essential considerations,
to the maximum extent practicable, adverse environmental effects revealed in the
env!ronmental impact statement process will be minimized cr avoided by inc?rporating
as conditions to the decision those mitigative measures which were identified as
practicable.
23.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Olive,
Councilwoman Cochran, Justice Edwards, Supervisor Murphy. No: Councilman Penny.
This resolution was dec[ared duly ADOPTED.
SUPERVISOR MURPHY: Numoer 24 is to authorize compensation at the rate of $15.00
an hour to CAC members working on special projects. Said charge to be made
to their budget. I offer that.
£4.-Moved by Supervisor Murphy, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes compen-
sation at the rate of $15.00 per hour to Conservation Advisory Council members
working on special projects; said charge to be made to the Conservation Advisory
Council's budget.
24.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 25 is to appoint Brian Bambrick as a lifeguard
for this season at a salary of $8.00 per hour.
25.-Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Brian
~3ambrick as a Lifeguard for the remainder of the 1989 summer season, effective
immediately, at a salary of $8.00 per hour (Sth year).
25.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is to authorize an advance fee payment for
a bus trip to the Bronx Zoo.
26,-".loved by Councilwoman Cochran, seconded by Councilwoman Larsen, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee payment in the amount of $244.60 for the Wednesday, August 16,
;989 family bus trip to the Bronx Zoo (27 adults @ $5.80 per ticket and 20 children
~! $4.40 per ticket); check made payable to "The New York Zoological Society";
said charge to be made to A7320.4, Joint Youth, Contractual Expenses.
2G.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 27, resoived that pursuant to Article 11, Section
12 of the agreement between the Town of Southold and the CSEA bargaining unit,
Arnold Wilson shall receive full :salary for a total of six month during his period
of incapacity, which incapacity began on March 24, 1989, thereafter he shall receive
Workers Compensation benefits for his lost earnings if he is deemed eligible. I
offer that resolution.
27.-Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that pursuant to Article Il, Section 12 of the agreement between the
Town of Southold and the CSEA bargaining unit, Arnold Wilson shall receive full
salar,/ for a total of six months durinq his period of incapacity, which incapacitlJ
began on March 24, 1989, thereafter he shall receive Workers Compensation benefits
for his lost earnings if he is deemed eligible.
27. Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 28 is to request a traffic survey.
28.-Moved by Councilwoman Larsen, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby requests the
New York State Department of Transportation to conduct a traffic study on Route
25, Southold, from Willow Hill to Biexedon, to determine the need for a no-passing
zone thoughout that length of highway.
28.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 29 is to authorize_ the ~tteodance at a .fall con-
ference.
29.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes all
Town Board members and Community Development Administrator James McMahon
to attend Connecticut Marine Trades Association, Inc. fall conference, "Marinas
and Shellfish. . Compatible Bedfellows?", on October 4 and 5, 1989 at Windsor Locks,
Connecticut, and the registration fee and necessary expenses for travel, meals
and lodging shall be a legal charge against the 1989 Budget.
29.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 30 is the authorization of a street light on a pole
on the corner of Lake Court, Great Pond, Southold. I offer that.
30.-Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
installation of a street lic~ht on the pole near the end of Lake Court, at Great
Pond, Southold.
COUNCILWOMAN LA-I~EN: I'm not usually in favor of street Fight expenditures.
This request was to eliminate teenagers from congregating. I don't know that
light always eliminates teenagers from congregating, so I'm going to vote, no.
30.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council-
woman Cochran, Justice Edwards, Supervisor Murphy. No.' Councilwoman Larsen.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 31 is to appove a concept for a joint launching
ramp.
31o-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
concept of a joint launchincj ramp at the Mattituck Park District Property on
Mattituck Creek, conditioned by the following:
2.
3.
4.
The Town will resurface the existing ramp·
The Town will extend the ramp to twice the existing size.
The Town will maintain the ramp.
The parking area on the Town Trustees' property will be for all Town
resident's use.
The lock key control will be through the Mattituck Park District.
COUNCILWOMAN LARSEN: I'd iust like to add that the Town of Southold, the
Town Board and the Town Trustees have been pursuing access for. Town residents
to Mattituck Inlet for over three years, at least to nY own immediate experiencer
four years perhaps, and that [ hope this is the beginning of the solution to provide
access..we've looked at many solutions, the Park District seemed receptive to this, --
however it will have to go to a vote to the Park District residents. Thank you.
COUNCILWOMAN COCHRAN: I'm going to abstain o,n this because I feel that
although I support access to the Sound for both pleasure fisherman and commercial
fisherman~ I feel that it is not the best location. I did support it several years
ago. I felt very strongly the Town should have a ramp in that area and once
it was presented to the public, they felt that environmentally the federal mooring
added traffic to the creek. Your pleasure fishermen at that time were against
it, mainly because they felt it took a half hour to travel to the mouth to get to
the Sound. As I said to George today in the work session, if it's to be, it is
to be, but I feel that it is a wrong location. I don't feel that this marriage
between the Park District and the Town Board will work out to 100% satisfaction
of the taxpayers, aod therefore I'm abstaining on the resolution.
^UO ST 1. 1989 4 7 7
SUPERVISOR MURPHY: I'm going to abstain, also, for the reason I don't think
an expanded ramp belongs there. I improved the ramp there. I was one who
helped put it in.
31
,-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Justice Edwards. Abstain: Councilwoman Cochran, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 32 is a bond resolution for $9,000,000.00 for
a solid waste composting facility requiring a referandum on the Town Board's own
mnti~n on October 3~ 1989~ ! offer that resoI~Jtion~
32 -Moved by Supervisor Murphy, seconded by Councilwoman Oliva
(a) BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, AUTHORIZING THE DESIGN AND CONSTRUCTION OF A FACILITY TO
RECYLE THE TOWN'S WASTE THROUGH COMPOSTING IN ORDER TO COMPLY
WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW WHICH GENERALLY
PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990 UNLESS THE TOWN
HAS A COMPOSTING, INCINERATION OR OTHER RESOURCE RECOVERY PROGRAM
FOR SOLID WASTE DISPOSAL, STATING THE ESTIMATED MAXIMUM COST THEREOF
SHALL NOT EXCEED $9,000,000, APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF $450,000 CAPITAL NOTES TO PROVIDE THE
REQUIRED DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE OF $8,550,000
SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town has, as lead agency with respect
to the Town's composting facility under the State Environmental Quality Review
Act ("SEQRA") on August 1, 1989 adopted a SEQRA Findings Statement and
accepted the Final Environmental Impact Statement prepared in connection therewith;
Now, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorab'le vote of not less
than two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York
(herein called "Town"), is hereby authorized to design and construct a Town
compost facility on the parcel of real property owned by the Town at the site
of the existing landfill, including buildings, orginal furnishings, equipment,
machinery, apparatus, preliminary costs of surveys, maps, plans, estimates and
hearings, legal fees, consulting fees, other ancillary developmental costs, and
costs incidental to such design and construction. The estimated maximum cost
of said specific object or purpose, including preliminary costs and costs incidental
thereto and the financing thereof, shall not exceed $9,000,000 and said amount
is hereby appropriated therefor. The plan of financing includes the issuance
of $450,000 capital notes to provide the down payment required by the Law, as
hereinafter defined, and the issuance of $8,550,000 serial bonds of the Town to
finance the balance of said appropriation, and the levy and collection of taxes
on all the taxable real property in the Town to pay the principal of said bonds
and the interest thereon as the same shall be come due and payable.
Section 2. Capital notes of the Town in the principal amount of $450,000 to
pay the required down payment, and serial bonds of the Town in the prinicpal
amount of $8,550,000, are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, constit~uting Chapter 33-a of the Consolidated Laws of
the State of New York (here~in' called "Law") to finance the balance of said appropria-
tion not provided by siad capital notes.
Section 3. The following additiooal matters are hereby determine and declared:
(a) The period of probable usefulness of said specific object or purpose
for which said $8,550,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section11.00 a.6 of the Law, is twenty-five
(25) years.
(b) Current funds are required by the Law to be provided prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation thereof and such current funds will be so provided by the
issuance of the capital notes herein authorized. The Supervisor is hereby authorized
and directed to set aside the proceeds of sale of said capital notes and to apply
same solely to said specific object or purpose herein described.
(c) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the capital notes and each of the serial bonds authorized
by this resolution and any bond anticipation notes issued in anticipation of the'
sale of said bonds shall contain the recital of validity as prescribed by Section
52.00 of the Law and said capital notes and bonds and any notes issured 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
478
AUGUST 1, 1989
within the Town without limitation of rate or amount. The faith and credit of
the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said capital notes and bonds and any notes issued in antici-
pation of the sale of said bonds and provision shall be made annually in the budget
of the Town by appropriation for (a) the amortization and redemption of the capital
notes and bonds and any notes in anticipation thereof to mature in such year and
(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 Section 56.00 to 60.00
of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the
sale and issuance of the capital notes and bonds herein authorized and of any
bond anticipation notes issued in anticipation of said bonds, and the renewals
of said capital notes and bond anticipation notes, are hereby de~leg~a~t~ed to,,.the
Supervisor, the chief flsc~ai officer'of l~he -[,'own. '
Section 6. The validity of the capital notes and bonds authorized by this
resolution and of any notes issued in anticipation of the sale of said bonds, may
be contested only if:
(al 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
provisions of the constitution.
Section 7. A proposition for the approval or disapproval of this resolution
stlall be submitted to the qualified voters of the Town Election to be held on
October 3, 1989, and this resolution shall take effect upon approval of the Proposi-
tion by said voters at that referendum vote.
Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
RESOLVED that Resolution No. 32(a) be and hereby is tabled.
COUNCILWOMAN COCHRAN: Frank, I would like to move to table this resolution
to our August 29th Board meeting. My reason for moving to table is that I feel
very strongly that resolution,or the referendum, is very important to the Town
of Southold. I've worked in the past, and I shall continue to work along with
~Ir. Murphy in trying to get this referendum passed. I feel very strongly that
if it goes to a vote in October, on the 3rd of October, and it becomes a special
election, it's the same as any controversial special election. Those that are in
the negative, their adrenaline is flowing, and they come out to vote. Those that
support, sometime tend to stay home and not come out and vote. I think that
this referendum has better chance of passing and support, if it is placed on the
November ballot, and motion by the Town Board. You have a broader cross section
of your voters having the opportunity to make this decision. Secondary is the
money involved. Yes, it will cost the Town something for a special election, but
that's not my main concern. My main concern is that the referendum is accepted
and passed by the taxpayer. Many of us on the Town Board have worked for
over four years in reaching the point of composting, and the financial picture
that goes along with composting, and I pledgedto Mr. Murphy during the day this
morning during the work session. I feel so strongly, I feel it right down to the
tip of my toes. I feel so stronCJ_,ly that this is the best solution, and the best
direction for the Town of Southold to go in solving their garbage problems, that
I will work by his side from nine to five, and I've changed my mind. I'll work
from nine until midnight, to help have the voters understand exactly how important
it is to pass this referendum. No matter what option the Town of Southold uses
in solving it's garbage problem, it is going to rect~u,, ire millions of dollars. You
are going to have spend that. That's the reality,: because it is mandated by the
State. I think this Town Board has worked very hard in reaching the conclusion. ~
Again, I repeat myself, that the best technology, the best environmentally, and
the best financially is the composting and the bond issue we are presenting to
you. We have asked in this bond issue for $9,000,000.00. I believe the figure
coming in for the composting is 7½. That doesn't mean that we're going to spend
the additional million and a half. It means that it gives us a leaway, if there
is the possibility. If it is not spent, then it goes back into the pot to pay off
the bond. Therefore my reason for a motion to table, a time clock starts when
you pass this resolution, be it passing a resolution for bonding. If you pass
the resolution for bonding, then the time clock starts that gives the people the
opportunity in the community to present a referendum to the Town Board for...
present a petition for a referendum. In a press conference yesterday I supported
a referendum on the Town Board's own motion. If either of these two following
resolutions are pass. ed tonight, the time clock starts and the referendum would
have to be held on the October 3rd date. I support the referendum very strongly
AUGUST 1, 1989
479
with Mr. Murphy. He knows my feelings Where we have this disagreement is
on the date. I feel it is a better opportunity for us to inform the pUblic, and
hopefully they will support and place their confidence in the Board to pass this
referendum, but I believe that our best opportunity is at the general election
in November. Therefore, I have moved to table this resolution until our Board
meeting of the 29th, so that the time frame of the clock starting fits to the Novem-
ber election. Thank you, Frank.
COUNCILWOMAN LARSEN: There's a prior motion before the motion to table.
COUNCILWOMAN COCHRAN: There's a motion to table.
SUPERVISOR MURPHY-' Are there any other questions on the motion to tab[e?
My only comment is that it is going to cost us much more money, and that's Why "
I'm pushing for the October 3rd to start it as soon as we can. Let's have a vote.
COUNCILWOMAN COCHRAN: Let me clarify that. I believe that the information
that we had during the day today is that it would cost approximately $6,000.00
for that month's wait, four weeks, but the special election, itself, might cost us
up to $14,000.00.
SUPERVISOR MURPHY: But that one month will probably mean about five months
in starting construction, because of winter conditions.
COUNCILWOMAN LARSEN: Just to reiterate what Jean and Frank were both saying
on the severity of this issue. In today's Newsday alone, there were two articles
related to landfill closures. The Town of Riverhead has already been fined $468,000.
on their existing landfill. The Town of Southampton has been fined in the hundreds
of thousands of dollars on their North Sea landfill. The Town of Southoid is in
the position today, because of the results and hard work of this Town Board to
keep their landfill open after the 1990 mandate. Way back in the beginning, I
spent some time reviewing all the Town ledgers from 1984, actually it started in
I981 when the first committee was formed. I believe Ruth Oliva was a big part
of~ that study, the solid waste issue in the Town of Southold. In 1984, ! read
that Joe Townsend had attended a recycling conference in Groton, Connecticut.
He's findings were that recycling, when it became mandatory was much more
extensive than when it was voluntary. At that time,he suggested that the Town
of Southold look into a recycling effort on a regional basis. Today as a result
of the effort of this Town Board, and other east end Town Boards, there is a
regional approach to recycling. Jean discussed the grant tonight, and the facility
will be ~:ited. In today's paper, and you will read about this more and more,
the Town of Huntington, yesterday, got a continued delay on order by the State
Department of Environmental Conservation to shut down the East Northport landfill
pending the outcome of efforts to find an alternative for disposal of their garbage.
The DEC, Judge Underwood, on July 24th sought an injunction against an order
by the DEC to close the landfill that day or face more than $200,000.00 in fines.
The DEC countered with the motion to require the Town to seek bids for long
hauling and to set up a tranfer station for shifting the garbage from pickup trucks
to long haul trucks before shipping the garbage off of Long Island. The Town
and the DEC reached an agreement yesterday for further exploration of the possible
transfer sites or to speedup in the plan to get Huntington's garbage into Smith-
town's landfill. Huntington and the DEC are to return to court next Tuesday
to report on the status of the plans. The cost to truck garbage, I believe right
now is $120.00 per ton. The Town of Southold generates 60 tens of garbage a
day. The cost for transfer stations is 3.5 million dollars approximately. Article
number 2, the Babylon Town Board yesterday awarded a 5.5 million contract with
the construction of the first phase of a permanent ashfill. Ash from the Town
incinerator, which opened in April will be buried at the ashfill at the site of an
old animal shelter. The Board voted unanamously at a special meeting to award
the contract to the Henderson Brothers. The work will take six months to com-
plete. The first phaseof this, which is going to cost 5.5 million dollars (tape
changed) The one cell will hold about 150 tons of ash daily for two years. The
Town expects the cells of ashfill to be filled in about twelve years. We are looking
at a 20 year solution with our composting project is because, again, that when the
chipper went in, and the tub grinder went in, and all these pieces of equipment
that have gone into the landfill over the past four or five years to reduce the
volume, that the Southold Town is not in court. We're not facing these astronomical
charges, and I think if the referendum, which we definately need your support
on, is voted down, we're going to be in a lot of trouble. But, also, I'd like to
point out that this was all done in a special meeting, this 5.5. They didn't even
do it at a regular Town Board meeting. They had a special meeting. There was
no voter referendum, no vote to the public on it. I agree with Mr. Murphy that
we have to move on this today or we may be in serious trouble.
480
AUGUST 1, 1989
SUPERVISOR MURPHY: Any other comments?
JUSTICE EDWARDS: I agree, we do have to move or it, but when we're talking
$5,000,000.00 for cells to bury the residue from an incinerator, we're going to
have to address that same figure on the residue that's left over from the composter,
which has not been put into the $7,000,000.00 or $9,000,000.00 package. The
lined landfill has not beer addressed. Thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: It's unfortunate that some people extrapolate the worse --
case scenaricsfrom all the situations, and used them. It's unfortunate the extra-
polation of the worse case scenarios from other towns are being used in this town
f the same time was being spent in researching the alternatives and the true
course of where this town is going, I think we~d be getting somewhere, and I'll
get more into that later. I put this up for a referendum and the only reason
! put it up today is that I was made aware that the Town Board was going to
put up a referendum by petitior, and I offered this referendum by the Town Board,
and I did this last week. I will not support this referendum by the Town Board
going through today. The only reason I put it on the agenda is so that there
would be something to coincide with the agenda that was being prepared by the
Town Board, which did not have the referendum by the Town Board. It was
by petition only, but I felt that the Town Board should sponsor the referendum.
! feel that the voters should have a chance to look at this, and I feel that the
voters should, also, for the first time, hear both sides of the issue, and I worked
very hard to sponsor not only anunbaised set of meetings with people from both
sides, so that people can ask questions. It's very unfortunate but the last meeting
that we had at Peconic Youth Center was touted on the radio by the Supervisor
as being held by the Town Board, and the Town Board members will be there
to answer your questions. Well, I for one was not even invited to the meeting.
i was notified that there was meeting here at the Town Board, by the Town Board,
by the SupeFvisor, and never asking to attend, and never asked to participate.
So for those of you who went there, the Town Board sat in the last row. This
was brought up by several members of the community because the Town Board
was spread around the room, and it was not a Town Board sponsored meeting,
and I think that we need more of these. We need to hear both sides of the issue, -
and I think that the referendum has to be on election day. If it's not election
day, it disenfranchise many voters in Southold Town. You have it at special time
means that the absentee ballots will not be submitted for this, which means people
in the armed services, people away on vacations, people in Florida, people that
happen to be out of town on that day will be disenfranchise from voting on which
is probably the biggest financial decision that they've had to make in their lives.
! know it is for mine, for me. I will support the idea of tabling this until the
29th, and then when it comes up again on the 29th, I will vote in favor of the
referendum. Thank you.
SUPERVISOR MURPHY: Any other comments? Ruth?
COUNCILWOMAN OLtVA: I've been involved in this garbage business since 1981,
;;'hen we first had our Citizen's Advisory Solid Waste Management Committee. At
that time incineration was proposed. The Town Board,in its wisdom,decided against
going into incineration at that time. Since then they have looked at every method
possible to reduce the volume in the landfill, and finally they came up with the
idea of composting. The Town Board started to attend conferences, and since
I've been on the Board, we've attended conferences. We have traveled all over
looking at all these different facilities and the costs involved, and has moved as
expeditiously, as possible to arrive at this, selecting a vendor and going into
negotiations, and I'd like to move especitously forward for a refererdam or October
3rd. I think the consequences have to be looked .at very carefully. If we do
not meet that 1990 deadline there's going to be a padlock accross the landfill.
Fines will be imposed. You will probably have to cap the landfill. Garden City
at this time, is paying $140.00 a ton to ship their garbage out of state. New Jersey~
is paying $200.00 a ton to ship it out of state, and if you don't think these other
i}eople are not going to raise their rates when they know they have us all by
~he throat on the East End, then you're badly misinformed, and just to have a
regional approach, or taking it to another incinerator to me is obsolutely foolish.
~.','e will have to take back their ash. I don't want~their contaminated industrial
ash. I want my garbage. I want to see what I'm doing with it, and I think each
town should be responsibly for its own garbage, and I think composting is the
mos't environmentally sensitive and economical solution there is. So I will support
ti~e October 3rd referendum. Thank you.
SUPERVISOR MURPHY: Okay. On the motion to table~
TOWN CLERK TERR~': This is on the motion to table the bond resolution
AUGUST 1, 1989
Table-
VOTE ON RESOLUTION TO TABLE RESOLUTION NO. 32(a):
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Justice
Edwards. Nos: Councilwoman Larsen, Supervisor Murphy. Abstain: Councilwoman
-Oliva,
This resolution was declared duly LOST.
SUPERVISOR MURPHY: We will now vote on the Bond Resolution for an
October 3rd referendum.
VOTE ON RESOLUTION NO. 32(a).
32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Supervisor Murphy. Nos: Councilman Penny, Councilwoman Cochran, Justice Edwards.
This resolution was declared duly LOST.
SUPERVISOR MURPHY: Moving on to Resolution 32b, someone want to offer that?
COUNCILWOMAN COCHRAN: That will also start the timeclock?---No.
COUNCILMAN PENNY: The timeclock for this one would be the people would petition
for a referendum.
COUNCILWOMAN COCRHAN: Requesting a referendum, and I stand behind a
referendum on the Town Board motion.
SUPERVISOR MURPHY: Someone want to make this resolution?
COUNCILWOMAN LARSEN: I'll offer it, Frank.
Is there a second?
TOWN CLERK TERRY:
SUPERVISOR MURPHY:
TOWN CLERK TERRY:
COUNCILMAN PENNY:
SUPERVISOR MURPHY:
Yes, I'll second it.
This to call for a permissive referendum.
This is not a Town Board sponsored referendum.
Permissive referendum.
RESOLUTION NO. 32(b):
32.-Moved by Councilwoman Larsen, seconded by Supervisor Murphy,
(b) BOND AND CAPITAL NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, AUTHORIZING THE DESIGN AND CONSTRUCTION OF A FACILITY TO
RECYCLE THE TOWN'S WASTE THROUGH COMPOSTING IN ORDER TO COMPLY
WITH NEW YORK STATE'S LONG ISLAND LANDFILL LAW, WHICH GENERALLY
PROHIBITS THE USE OF THE TOWN'S LANDFILL AFTER 1990 UNLESS THE TOWN
HAS A COMPOSTING, INCINERATION OR OTHER RESOURCE RECOVERY PROGRAM
FOR SOLID WASTE DISPOSAL, STATING THE ESTIMATED MAXIMUM COST THEREOF
SHALL NOT EXCEED $9,000,000, APPROPRIATING SAID AMOUNT THEREFOR,
AUTHORIZING THE ISSUANCE OF $450,000 CAPITAL NOTES TO PROVIDE THE
REQUIRED DOWN PAYMENT, AND AUTHORIZING THE ISSUANCE OF $8,550,000
SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRI-
TION.
Recital
WHEREAS, the Town Board of the Town has, as lead agency with respect to the
Town's proposed composting facility under the State Environmental Quality Review
Act ("SEQRA") on August 1, 1989 adopted a SEQRA Findings Statement and accepted
the Final Environmental Impact Statement prepared in connection therewith;
NOW, therefore,
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVED (by favorable vote of not less than
two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York (herein
called "Town"), is hereby authorized to design and construct a Town compost
facility on the parcel of real property owned by the Town at the site of the existing
landfill, including buildings, original furnishings, equipment, machinery, apparatus,
preliminary costs of surveys, maps, plans, estimates and hearings, legal fees,
consulting fees, other ancillary developmental costs, and costs incidental to such
design and construction. The estimated maximum cost of said specific object or
purpose, including preliminary costs and costs incidental thereto and the financing
thereof, shall not exceed $9,000,000 and said amount is hereby appropriated there-
for. The plan of financing includes the issuance of $450,000 capital notes to
provide the down payment required by the Law, as hereinafter defined, and the
issuance of $8,550,000 serial bonds of the Town to finance the balance of said
appropriation, and the levy and collection of taxes on all the taxable real property
in the Town to pay the principal of said bonds and the interest thereon as the
same shall become due and payable.
Section 2. Capital notes of the Town in the principal amount of $450,000 to
pay the required down payment, and serial bonds of the Town in the principal
amount of $8,550,000 are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, consituting Chapter 33-a of the Consolidated Laws of
the State of New York (herein called "Law") to finance the balance of said appro-
priation not provided by said capital notes. ~
Section 3. The followin9 additional matters are hereby determined and
declared: .....~
(a) 'The period of probable bsefulness of said specific object or purpose '
for which said $8,550,000 serial bonds authorized pursuant to this resolution are
to be issued, within the limitations of Section 11.00 a.6 of the Law, is twenty-five
(25) years.
(b) Current funds are required by the Law to be provided prior to the
issuance of the bonds authorized by this resolution or any bond anticipation notes
issued in anticipation thereof and such current funds will be so p~ovided by the
issuance of the capital notes herein authorized. The Supervisor is hereby
authorized and directed to set aside the proceeds of sale of said capital notes
and to apply same solely to said specific object or purpose herein described.
lc) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the capital notes and each of the serial bonds authorized
by this resolution and any bond anticipation notes issued in anticipation of the
sale of said bonds shall contain the recital of validity as prescribed by Section
52.00 of the Law and said capital notes and bonds and any notes issued in antici-
pation 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 capital notes and bonds and any notes issued in anticipation of
the sale of said bonds and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the capital notes --
and bonds and any notes in anticipation thereof to mature in such year and (b)
the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 30.00 relative to the authorization of the
issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to
60.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to
the sale and issuance of the capital notes and bonds herein authorized and of
any bond anticipation notes issued in anticipation of said bonds, and the renewals
of said capital notes and bond anticipation notes, are hereby delegated to the
Superwsor, the chief fiscal officer of the Town.
Section 6. The validity of the capital notes and bonds authorized by this
resolution and of any notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
expend money, or
(b} the 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~va idity, is commenced within
twenty days after the date of such publication, or
(c) such obligation are authorized in violation of the
provisions of the constitution.
Section 7. This bond and capital note resolution is subject to permissive ~
referendum.
32.-Vote of the Town Board: Ayes: Councilwoman Larsen, Supervisor Murphy. Nos:
Councilman Penny, Councilwoman Cochran, Justice Edwards. Abstain: Council-
woman Oliva.
This resolution was declared duly LOST.
SUPERVISOR MURPHY: Number 33 is to create the position of Coordinator of
Expanded In-Home Services for the Elderly.
3'3.~oved by Councilwoman Oliva, seconded by Councilman Penny, it was
RESOLVED Lhat the Town Board of the Town of Southold hereby creates the
~}osition of Coordinator of Expanded In-Home Services for the Elderly Program
(EISEP), effective June 21, 1989, at a salary of $5.35 per hour.
33.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
AUGUST 1, 1989
483
SUPERVISOR MURPHY: WouId you like to move on the first public hearing we
held tonight on Proposed Local Law No. 14 in relation to zoning?
JUSTICE EDWARDS: I think we should research that.
COUNCILWOMAN LARSEN: Yes, we'll review that.
SUPERVISOR MURPHY: How about the Local Law in relation to Zoning concerning
density?
34.-Moved by Councilwoman Oliva, seocnded by Councilman Penny,
WHEREAS. a proposed Loca~ Law No. 14 - 1989 was introduced .~t ~ m~ting of
this Board held :on the 20th day of June, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 1st day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 14 - 1989 be enacted as follows:
LOCAL LAW NO. 14 - 1989
A Local Law in Relation to Zoning
BE IT RESOLVED ~y the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
I. The "Density and Minimum Lot Size Schedule for Residential
Districts" is amended as follows:
Districts RR
Multiple dwelling
Mutiple dwelling
utilities.
Multiple dwelling
community water
MultiPle dwelling
community water
unit or townh0use
or townhouse without
or townhouse with
or townhouse with
and sewer
Resort
Residential
N/A
N/A
N/A
2. The "Density and Minimum Lot Size Schedule for Nonresidential
Districts" is amended as follows:
Districts
Marine II
Motel, hotel or conference center guest unit
Guest unit with Community water and sewer 4,000
II. This Local Law shall take effect upon its filing with the Secretary
~of State.
34.-Vote of the Town Board: Ayes: Councilwoman Oliva, Councilman Penny, Council-
woman Cochran, Justice Edwards, Supervisor Murphy. No: Councilwoman Larsen.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 35 is a Local Law in Relation to Zoning con-
cerning wineries. I would offer that resolution.
35.-Moved by Supervisor Murphy, seconded by Councilwoman Oliva
WHEREAS, a proposed Local Law No. 15 - 1989 was introduced at a meeting of
this Board held on the 5th day of July, 1989; and
WHEREAS, a public hearing was held thereon by this Board on the 1st day of
August, 1989, at which time all interested persons were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 15 - 1989 be enacted as follows:
LOCAL LAW NO. 15 - 1989
A Local Law in Relation to Zoning
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Code of the Town of Southold is
hereby amended as follows:
1. Section 100-31.B(13) is hereby amended to read as follows:
(13) Wineries for the production and sale of wine produced from
grapes primarily grown in the vineyards on which such
winery is located.
2. Section 100-42.B is hereby amended by adding thereto a new
subsection (4) to read as follows:
(4) Wineries as set forth and regulated by Section
100-31.B(13) of the Agricultural Conservation District.
3. Section 100-61.B(1) is hereby amended to read as follows:
(1) Any special exception use set forth in and as regulated by
Section 1_00-31.B(1), (6), (7), (13) and (14) of the
Agricultural Conservation District.
4. Section 100-71.B is hereby amended by adding thereto a new
subsection (6) to read as follows:
(6) Wineries
5. Section 100-81.B(1) is hereby amended to read as follows:
(1) Any special exception use as set forth in and regulated by
Section 100-31.B of the Agricultural Conservation
District, except wineries are not required to be in
connection with a vineyard.
6. Section 100-91.B is hereby amended by adding thereto a new
subsection (10) to read as follows:
(10) Wineries
7. Section 100-101.B(1) is hereby amended to read as follows:
': (i) Any special exception use as'set::fort'h i:n:,and'regulated
'Section 100-31.B{2) to (13), except wineries are not
required to be in connection with a vineyard.
8. Section 100-131.B is hereby amended by adding thereto a new
subsection (14) to read as follows:
(14) Wineries
9. Section 100-141.B is hereby amended by adding thereto a new
subsection (3) to read as follows:
(3) Wineries
il. This Local Law shall take effect upon its filing with the Secretary of
State.
35.-Vote of the Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That's the end of our prepared and added-on agenda
resolutions. At this time, I'd like to ask the Councilman if they have anything
further to comment on, on my left with Judge Edwards.
JUSTICE EDWARDS: Nothing, thank you, Frank.
SUPERVISOR MURPHY: Ellen?
COUNCILWOMAN LARSEN: Everyone enjoy the wonderful fresh vegetables in
Southold and our clear Brown Tide-free Peconic Bays this summer.
SUPERVISOR MU~,PHY: Jean?
COUNCILWOMAN COCHRAN: I agree with the statement Ed Siegmann made in
relation to this being a political issue. I have tried to stress with the Board since
the inception of trying to solve this problem, that it should not be a political
issue. Maybe I'm not being realistic. Maybe it's not the way that life goes. I
~ike to believe it is. I like to believe that the first concern of the Board is to
~romote, approve what is best for the community at large, including the cost,
including the composting, the technology. I feel very strongly, and it's
~mfortunate that this issue is being timed at the same time that it is almost time
for a November general election. If this had come due six months ago, I don't
think the political aspects would be tied so tightly. I would like to urge this
Town Board, our Republican leadership, our Democratic leadershiP, and I certainly
;¥on't leave out our Conservative leadership, those that are 'running for public
office to please, please look at this as to how its going to benefit the residents
of Southold Town, not as a political vehicle to elect your candidates. I feel that
very strongly. It's much too important. This is the largest expenditure this
Town has made or will make for many, many years, and yes, there are unknown
costs that are associated with this project. Some of those are unknown to us
because it is unknown to us exactly what the DEC might require in the future.
I can't stress or say it strongly enough. I think any of the people, including
Our Supervisor, Scott Harris, who is his opponent, members of the Board that
are running for this office, if they do make it 100% political football, they don't
deserve to be elected, because they are doing a disservice to the residents of
Southold Town. Thank you. i
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Well, Jean mentioned some of the costs, and the costs
are the reason that I have resisted, and I've abstained from most of the voting
or~ this composting. Let me just address some of these costs, and here's one of
the reasons why some of these costs are not coming out. Three months ago, the
Town Board requested from the DEC a variance from the DEC's requirement to
prepare a complete recycling analysis. At that time we were told that this would
take from two to four months, and would only delay our construction permit. Well,
that was three months ago, and I maintain that had we gone ahead, because I
was the only person on the Town Board, as I recall, that objected to this delay
AUGUST 1, 1989
485
because I know that things take a lot longer than ~eople claim that they ~ll.
Had we gone ahead with this, it would have been tl~ree quarters cOmplete bY now.
The information that's included in this comprehensive recycling analysis, i~s the
information that is neccessary for the Town, in nun~ber one, in sizing the plant,
and in number two, for getting the size of the lined landfill Now, I have been
told over the last couple weeks by different Town E oard members, that we can't
tell the public how much this lined landfill is going to cost. We have no idea
because the DEC hasn't told us. Well, it's very sin
we not have to tell or give them this information for
we're in right now is a round robin. The DEC can'
them not to give the information. Had we done this
tion would have been done in probably one more mo
knowr~ how much we are actu~Hy go!ng to be recycli
to be landfilling, how many acres of lined landfill ar
what are the costs of that' lined landfill going to be.
questions that were brought out by people at the Pt
to know what are associated: costs, and if this Town
stick, and stick to the DEC guidelines, and stick tc
ago in April, that was required, that we waited a '
that the Town Board doesn't prepare this informati;
is going to go for ar~y proposal from the Town Boa
responsibly make a decision based upon inadequate
Board has done more to delay this information than
Town Board, let's invite Harold Berger out her, an
Let's get going in the right direction. We've been ·
time, simultaneously with our application for the con
applicati:on for an expanded landfill. We have that
some reason, member of the Town Board are ignorin
ignored. The day that the composting plant opens,
December of 1990, nothing can go in the ground aft
any bypass. Anything that doesn't go in the comp¢
to be shipped out of town, and believe you me, we
pie. We ask the DEC that
a length of time. So what
t tell us because we've asked
four months ago, the informa-
~th. Then we would have
ng, how
e we going to require and
and those are some of the
~conic Center. They wanted
Board doesn!t get off the
what the DEC told us a year
~ar to ask for a variance,
n, then I don't think the public
:J, because nobody wouJd
nformation, and the Town
anybody, and I call upon the
t let's get this cleared up.
:old that We need, at the same
~posting system, we needed
n writing from the DEC. For
g that, and this can not be
if it happens to be in
~r that, any by-products,
sting plant, is going to have
have been told that the cost
of this lined landfill is going to be five hundred toja million dollars an acre. Now
all of sudden I hear, five million dollars for two ac~es. Well, there must be a
worse case scenario that was being addressed here, Jbecause even if we figured
a million dollars an acre, I'm sure that we're going ~to get by with probabiy five
acres at a million a piece. But still, the people ha~e the right to know this infor-
mation, and if the TOwn Board doesn't act, we're not going to get this information,
and we're only going to delay ourselves, because tl~e DEC is not going to put
us on I,ne without a lined~landfill, and without soon~er or later, it's going to require
a complete analysis of our waste stream, and this h~s not been addressed. Thank
you. /
COUNCILWOMAN COCHRAN: Frank, may I say something? Part of, hopefully,
to get this referendum passed by the community, w~ will be disseminating a great
Lion of believing what the
deal of information. Now, you the voter has the op
Town Board presents as true and factual. You hav.
rumors that are floating all over town. You have ti
read in the newspapers, which is not always factual
but it's true. I think it's very important that if yo
have elected and you placed your confidence 'in, wil
all the information in relation to what we're trying t
going to get into a donnybrook with you, George,
had this kind of a day all day long, but I take acce
a large precentage of them as not being correctly st
in relation to the Town Board as the enemy, and 1
this Town Board. Thank you.
SUPERVISOR MURPHY: Ruth?
COUNCILWOMAN OLIVA: I'd just like to second Je~
wholeheartedly. I truly believe in this project, and
every piece of information that I can or the Town B
say the Town Board will get it, to present it to you
is the best way to go, and I believe in it, and I ha'
the option of believing the
~e option to believe what you
My apologies to the press,
feel that the people you
honestly and fairly present
accomplish, and I'm not
been a long day, and we've
ptation to some of comments,
~ted, and also, you speak
~etieve you are a member of
n's first and second statements
I will go out and try get
)ard will get it. t should
people, because this to me
~e believed in it. Thank you.
SUPERVISOR MURPHY: Thank you. My last comme
after three years and eight months, that you are tal
you will do something. I disagree with you on most
tonight, and I could prove to you that you are wrong,
~t is, George, I'm very happy
dng an interest, and maybe
every statement you made,
and I'm not going to do
it here, as Jean said, and it's too bad that you couldn't even go by five minutes
after Jean made her comment. At this time, I would like to ask anybody in the
audience if they have any comments to make. Ed?
EDWARD SIEGMANN: On this same subject. Number one, I want to thank the
Board for listening to us this afternoon, and I want to say that if you follow
through with what we requested about the meetings with some of the politicians,
any help that we can be in setting that up, and finding out what dates he would
be available, or the other people that would have to be invited, just ask us and
we'll be any help we can. You know, it's a strange thing. I sat here tonight
and listened to more arguements among you people about whether composting is
the right way to go,or whether there is something wrong with recommending corn-
posting, I'm convinced that the people ! talk to o'n the outside,, that are not
elected, are having more intelligent conversations about this thing than what I
listened to tonight..
COUNCILWOMAN COCHRAN: Touche', Ed.
EDWARD SIEGMANN: Let me give you an example. You talk to the people about
all these questions you're raising, about hidden costs. We're sure, the people
are sure there are other costs other than the composting. They're not stupid.
They know that things will have to be trucked out. They, also, know they're
going to have to separate cans, and bottles, and plastics, and that stuff. This
was going on 25 years ago in Flint, Michigan. It's nothing new. But what you're
doing by arguing that you're doing amongst yourselves, you're creating a no vote
from those people outside. You're not helping yourself to get a yes vote on this
thing, because you're the ones whose putting the suspicions in the minds of these
people that there's something wrong with it. The best thing you could have done
was to get together and come out with a uniform position for a referendum vote,
rather than to turn to vote even, three,three to turn the thing down, and have
the people have to go outside and have petitions to do it. You'd have been a
damn sight better off without getting petitions.
COUNCILMAN PENNY: That's not what's going to happen.
EDWARD SIEGMANN: What's going to happen?
COUNCILMAN PENNY: It's coming up on the 29th.
COUNCILWOMAN LARSEN: On the Board's motion, it's coming up on the 29th.
SUPERVISOR MURPHY: Which will bring it into the time frame of the genera
election.
COUNCILWOMAN COCHRAN: Which is what you supported earlier.
EDWARD SIEGMANN: Okay. Good, then if that's what's going to happen, maybe
the point that by happening on election day, and then election day being over
with when we can get into the conversations
i~eople and what they're going to have to do
at that point all of this arguing is going on,
~]ring a uniform position back to the people,
of which way they should go.
SUPERVISOR MURPHY:
,'.he referendam..
of how much it's going to cost the
and which way they should go. Maybe
will stop, and maybe somebody will
that they can have an understanding
Ed, the only disagreement tonight was on the time, when
ED'~';ARD SIEGMANN: I know that, but if you sat here and listened to it, it Wasn't
the arguement you were having about a difference in the time.
COUNCILWOMAN COCHRAN: That's all it was.
EDWARD SIEGMANN: I know that's what it was sgpposed to be, but all these
comments were made of not telling the public this, not telling that. That doesn't
help the situation. That only creates more suspicion. That's all it does.
SUPERVISOR MURPHY: I realize that. .~
COUNCILWOMAN COCHRAN: But, Ed, I think in my statement I was justifying
my actions of requesting a table of resolution.
EDWARD ~IEGMANN: Jean, I have no objection to what you said. I think what
you said earlier was exactly what I said, or very similar to it at the beginning
of this meeting tonight.
AUGUST 1, 1989 4 8 7
SUPERVISOR MURPHY: Joe?
JOSEPH RISTUCCtA: I'm Joe Ristuccia, from Southold, and I represent the TAX
PAC group in Southold here. I just want to comment, and add to what Ed has
already said that one of the things that perhaps there is some disagreement within
the Board, and perhaps you should start thinking about coming up with a uniform
approach. One way. that uniform approach might be accomplished, and I mentioned
it earlier today, is to get an advisory committee in town. I see some people
disagree with that, but one of things that that type of committee could accomplish
or what it could accomplish is that you could get participation from the community.
I said this afternoon that this community has a lot of talented people. I think
those talented people could come forth, and help to clarify some of the issues
here a~nd unify this town. One of my staunch - supporters said to me, one of
the things we have to do is to get the people outside of Southold to help us,
namely the people in Albany. I just only see your words when it comes to that.
I think one of things we have to do.. we have a big problem here, is get our
legislative in Albany, both in the Senate and in the House, to come here, and,
also, to get the three people who run New York State C,uomo, Miller and Marino,
to look at some of the problems we have in the East End. This is a problem that
even transcents Southold. It involves the whole east end of Long Island, and
I think if we all get together maybe we'll come up with solutions. Thank you.
SUPERVISOR MURPHY: Anyone elseon the left? (No response.) Anyone in the
middle? Sir?
FRANK FLYNN: Since Councilwoman Larsen was so quick to correct me as to
the required setback from the freshwater wetlands. I wish you would enlighten
rny ignorance as to where in the wetlands chapter it cites 150 foot setback.
Actually here is that freshwater wetlands, including the actual wetlands, are all
land immediately adjacent to a freshwater wetland, as defined in subsection b.1,
and lying within 75 feet landward of the most landward edge of freshwater wetland.
That's essentially what I said, and that's the source of my remark. Now to extend
that, what you have done, or propose to do, you're removing or deleting this
100.239.4c, all buildings located on lots adjacent to any freshwater body shall
be set back not less than 75 feet from the edge of such freshwater body, which
make it mandatory. You have removed that mandatory provision. Now when you
go to the wetland's provision here, it merely defines the adjacent lands as being
75 feet from the land on the edge of freshwater wetlands. There's no mandate
against putting improvements directly within the freshwater wetland's area, so
that's why I say that the people of this town should have been informed by a
true public notice of the potential impact of the deletion of this paragraph of the
subject section.
COUNCILWOMAN LARSEN: Your point was well taken, Mr. Flynn, and the Town
Board did not vote on that this evening.
FRANK FLYNN: No, that's not what I'm addressing at the moment. I'm addressing
your criticism of me. I would like to know ....
COUNCILWOMAN LARSEN: I just stated that..
FRANK FLYNN: That I was wrong, and it was 150 foot setback, and you corrected
me on the land edge of freshwater wetland.
COUNCILWOMAN LARSEN: Right.
FRANK FLYNN: Now, is there 150 foot setback in the Code?
COUNCILWOMAN LARSEN: The Town Code is based on the DEC requirement,
which is 150 foot setback.
FRANK FLYNN: Then why don't change this portion of the Town Code? I welcome
to check me on it.
Voice from audience: 75 feet, Ellen. The Town Code always has been.
COUNCILMAN PENNY: The DEC is 100.
COUNCILWOMAN LARSEN: Fifty.
COUNCILMAN PENNY: One hundred.
COUNCILWOMAN LARSEN: My apologies..
4 8 8 AUGUST 1, 1989
SUPERVISOR MURPHY: Mr. Flynn, the Town Attorney and the Assistant, Rob
Berntsson, will rev'ew your comments and give a report to the Town Board before
we act on it.
FRANK FLYNN: Yes, but at this instance, I take umbrage of being criticized
about something of which I'm absolutely correct.
SUPERVISOR MURPHY: I apologize for you, and it was a mistake.
FRANK FLYNN: Thank you.
SUPERVISOR MURPHY: Anyone else? Tom?
TOM SAMUELS: Tom Samuels. I just want to say that I'm very pleased with
Jean's decision to table the resolution. I think it's a very good move. It gives
the entire town a chance to vote on this referendum. One of the problems we
have here is that if you're opposed to composting, or even if you're in favor of
composting, you've become a bad guy one way or another. There is a possibility
I believe, I believe there's always a possibility that the other side could be right.
My position has always been that I'm not opposed to composting if it will handle
the amount of waste that it's been advertised, which I seriously doubt, but that's
beside the point. My point is that we should know what are solid waste costs
!;roblems are going to be. Now, we're mandated by the DEC. The Town has
taken Supervisor Murphy's lead all along, and been very willing to accept DEC
There has been very little controversy between the Town and the DEC.
Now, I suggest you can not exist with the DEC without a somewhat adversary
relationship. The DEC being in Cuomo administration, has in every town complaints
about it. It has told'the towns what they must do, not how they do it, but give
them a date to do it. Now our redress l~ere is not in spending ourselves into
a position where we can't afford the solid waste facility that we're going to eventually
require, because believe me, the nine million dollars appears to me to be less than
a third of the way there, in my analysis of it, which I'll be very happy to give
to you at any time. You give me the platform to speak on. Unfortunately at
the informational meeting I believe that platform was taken away. But what I'm
saying is, our solution and the solution of the problems of the five east end towns,
is in the legislature. Ultimately it's going to be a national decision, because this --
is not a local problem. This is not a county problem. This is not a state problem.I
This is a national problem. We have in this town approximately 25,000 people.
That's not many people. We're fourth in the population list in the five east end
town, yet we are prepared to enbark on a proposed solution which has no. ,there
isn't one in the United States. Now this bothers me, because this country is full
of communities that are more environmentaly active than we are. We are late
comers to this environmental activism really as a community. So why haven't other
towns used composting? Now you will hear at the informational meeting that there
are plants in Europe, and Europe's garbage is different in volume, and classifications,
~nd so on and so forth. Garbage is garbage. Compostable material is compostable
material. Uncompostable material is not. Now, if the federal government,or ideally
~,'.ew York State, our administration wants small communities like this one or counties
i~ upstate New York that don't have 20,000 people in whole county, that have
the same problem we have. Why hasn't the State of New York, who will spend
a half a million dollars for a piece of upland that I owned in Orient, spend seven
~nd a half million dollars on a trial composting facility for the towns of the people
of New York, and let's see if it works. Why won't they do that? Yet, the
majority of the Town Board apparently is prepared to embark on an experiment.
That is all it is. In the American system here, it's an experiment. Now you're
right, and I understand Jean's passion, and I understand Ruth's passion, and
I understand Ellen's feelings, but somethings wrong, and it's wrong because this
is small,not affluent town. I speak for the productive people in the town, not
the second home owners, who might be able to afford the taxes, but the productive
people in the town. It's a real problem, believe me, and they need compassion,
and the compassion should be from Albany. You've got to go back to the DEC. ~
h~ow, where do you start? Well, I would suggest starting our representatives
to the Federal government and the weight that they have. If they can spend
as much time on Grumman, then let's let them .spend a little time on the solid
v;aste problem of their constituents, because apparently our local representatives
in the Legislature and the State Senate have not been effective. We have got to
start being militant about this problem in this ~country. The taxpayer, the person
who's paying the bill has to start getting militant. I don't like the position that
I [~ave been placed in by those who are in favor of composting. I am not an anti-
environmentalist. What I'd like to think,that I am a realist. This is not a problem
that Southold Town should be solving at this time,, and it goes beyond composting.
I don't believe Southold should be building an incinerator either. We had an
opportunity, the five east end towns has an opportunity, when we weren't under
the gun to go to a regional facility. I thought at the time, that Long Island has
to do it, then that is what should happen. It made sense. Anything else isr
AUGUST 1, 1989
489
insanity. I can walk from the Bay to the Sound in thirty-five minutes anywhere
in the town. I must know five thousand people in the town, and I've talked to
a lot of them, and they all say this is more than a local problem, Now, I know
your environmental image is important to you, and I know that there are a good
many of you who want to have this legacy that you were the ones, the first town
in the United State~,went for composting. All I'm saying is, we can not afford
it. We can not afford our solid waste problems ourself. I would suggest if want
to forestall 1990, so-called deadline, Ellen, and I've spoken to Harold Berger,
and I've spoken to the guys at the DEC. You're going to have your recycling
plan. Come up with lined landfill plan. That's what you need, because regardless
of what you do, you need a lined landfill, and it makes sense, and it's going to
cost money, but I'll support it. Southampton, incidently, Ellen, was threatened
with two million dollars in fines, and actually it was settled for a hundred and
fifty thousand dollars, which is to be spent on their local problem, so that was
a misrepresentation, and I am tired of misrepresentation. The DEC are not ogres.
The people that work there. TheY're not ogres. They're people that live out
here, and pay taxes, maybe not in Southold, they live on Long Island. They
are reasonable people for the most part with one or two noted exceptions, but
they're not in the solid waste program. But what l'm saying is, you said various
things about various towns and picked up Newsday, and you cani do that any
night. I agree with you. But we know that the follow-up stories to the fight
stories are not what the original stories were. So please don't accuse George
of misrepresentation when you are misrepresenting. Let both sid!es of this coin
be fair. Let's come up with a solution now. Joe Ristuccia came iup with an idea
that I thought about for some time. There are two things we should do. Number
one, we need a citizens' committee to go to Albany. We need a clommittee of people
in this town, people with some fire in them, and some guts, thatlaren't going
to be afraid that they're going to come back and dump on them algain, and that's
what we need. Now, does it have to be representatives of a government? Someone
has to appoint them, I suppose, or maybe we need another referendum. But we've
got to fight for what's right, and this what they're trying to do lis wrong. That's
number one. Number two, as Joe' said we need an advisory committee, and it
can be formed pretty quickly. There's some real sharp people in this town. Some
of them are sitting in this room, with scientific credentials, with the knowledge
that we need. They're here right now, some of them, and there's still more.
Especially if we can get some people from the academic world, and they're available,
and they're interested, and they're concerned. That's what we have to do. This
business of what's going to happen, and we're going to put the pros for the com-
~)osting before the referendum, are going to give us this 1990 deadline, guys.
'~'.'e're going to jail. Two hundred thousand dollars a day, and the other guys
are going to say, hey, we ;can't afford it. So on and on it goes. There's going
to be misrepresentations right up to election day. Even regardless of whether
you pass or don't pass there's going .to be so much polarization in this town. It's
bad enough now. It's going to be worse, and mainly because, and I'm not saying
':/ou haven't made a good effort. You certainly have made a good effort. You've
made a good effort. You've fought hard and long. I think you're wrong because
¥'ou've got the cart before the horse. You need the lined landfill no matter what
· /ou do. Buy the property you need for that lined landfill. If you don't need
~;roperty, build it anyway. But whatever you do, get that started. When Mr. Murphy
talks about increase cost and his, so called, friendly condemnation of the adjacent
property. That was a term that was used in the informational meeting. Does
~nyone in this room know what a friendly condemnation is? What it is?
COUNCILWOMAN COCHRAN: Isn't it an agreement with the landowner?
SUPERVISOR MURPHY: Because of the tax laws, the only way the man could
~et by, he wanted to do a land switch. The only way he could get by without
paying the inheritance tax, so he could then take that money without paying tax
on it invest it in more farmland, was to go by a friendly condemnation. There
is such a thing. And about misleading people, you're talking here of your thoughts
o~ having a lined landfill, and this is going to solve our problem (tape change)
recovery facility in place. That's the only way you're going to have a landfill
on Long Island, and I would advise you to check with Harold Berger on that.
TOM SAMUELS: I will. But you misunderstood..
SUPERVISOR MURPHY: Now go ahead. I didn't misunderstand at all.
SAMUELS: What I meant to say was..
SUPERVISOR MURPHY: Maybe I didn't know what you said.
TOM SAMUELS: Okay. The first step, in your-letter to Harold 13erger, which
he requires, I don't know when the deadline is, fairly soon, the five eastern towns
have supply him with a letter what their plans are for the solid waste problem.
Southold is the farthest along because of the composting plan. The rest of the
towns in the east end haven't got this so called, resource recovery plan,
4 9 0 ^uo s - 9,9
incinerator or composting thing, planned. They're watching and waiting for
Southold's experiment.
COUNCILWOMAN COCHRAN: That's judgemental. In your mind it's an experiment.
In mine, it's not. You're being judgemental, Tom.
TOM SAMUELS: I've talked to Easthampton. I've talked to Southampton, and
I've talked to Riverhead.
COUNCILWOMAN COCHRAN: Southampton is considering composting.
COUNCILWOMAN OLIVA: They just had interviews with the composting facility
on Friday.
TOM SAMUELS: They are considering all alternatives. The point I wanted to
make is that supply Harold Berger with a recycling plan and a plan for a lined
landfill, so you have a plan. Prove to him that you're going in the right direction,
and then you've got to also get together with the five east end towns. If not,
necessarily even a joint facility, but with joint political weight because they all have
the same problem. Joint political weight, that's the way to go. Get them involved.
They're all concerned. It's going to kill Easthampton. Southampton, maybe not
quite as much because they've got a bigger tax base. It's a big town. Shelter
Island, brutal. Riverhead is pretty tough. Pretty tough. That is really what
I wanted to say. I think we have to go to the source of the problem, and the
source of the problem is the State Legislature mandating the closure of landfills
without any imput, either engineering wise, financially or otherwise. How you
guys going to do, that's up to you.
SUPERVISOR MURPHY: Thank you. Anyone else like to address the Town Board?
Ed?
EDWARD SIEGMANN: I don't know who this gentleman is, but I'd just like to
differ with one thing, where he said about sending a committee up to Albany
to show how militant we can be. We made a proposal to the Town Board this after-
noon, instead of us going up to Albany, if Cuomo could travel into one woman's
house in Levittown, he could travel out here, and some of our other politicians
can travel out here, instead of us going to them. Get one of the high school
auditoriums and let the people come in, and tell them what this is doing to them,
because you can see the for sale signs now. There will be more and more, and
i'm speaking for the senior citizens, although there are lot of people in the same
shape that the seniors are in. The seniors are in a position now on fixed incomes.
Every month some of them are leaving, and there are some of us that want to
do a he/& of a lot of fighting before we have to leave. So let those's people come
in here to us.
SUPERVISOR MURPHY: Any other comments? (No response.) If not, a motion
to adiourn is in order.
Moved by Councilwoman Cochran, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting by and hereby is adjourned at 9:40 P.M.
Vote of thee Town Board: Ayes: Councilwoman Larsen, Councilwoman Oliva,
Councilman Penny, Councilwoman Cochran, JUstice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
~dith T.' Terry
Southold Town Clerk