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HomeMy WebLinkAboutTB-08/24/1993283 SOUTHOLD TOWN BOARD AUGUST 24, 1993 WORK SESSION Present: Councilman George L. Penny IV, Deputy Supervisor, Justice Raymond W. Edwards, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith T. Terry, Assistant Town Attorney Matthew G.. Kiernan. Absent: Supervisor Scott L. Harris, Town Attorney Harvey A. Arnoff. 9:45 A.M. - For Discussion Items: (1) Appointment to the Land Preservation Committee, to be discussed in Executive Session at 11:00 A.M. (2) Appointment of a Building Inspector to be discussed in Executive Session at 11:00 A.M. (3) Councilwoman Hussie reported that she went to Fishers Island recently with Solid Waste Coordinator Bunchuck to inspect the metal dump to gather necessary information for the preparation of bid specifications for reclamation of metal from the dump. (Tentative specifications were received later in the day from Mr. Bunchuck.) Resolution no. 24 was placed on the agenda to go to bid. (4) Request. for reinstatement of Landfill Tipping Fee charges [see resolution no. 25). (5) Letter ,from the attorney for American Armoured Foundation, Inc. concerning the proposed covenants and restrictions in regard to their change of zone petition. Councilman Penny informed the Board that the tower at the entrance to the property was a watch tower in Mattituck during World War II, and it is a display, not a str'ucture. He recommended the tower be allowed to remain as is. The applicant has asked the Board to consider leaving the tower at its present location, but reduced in height to less than eighteen feet in harmony with the Town Code's height requirements for structures. Councilwoman Hussie and Councilman Wickham feel that the tower should be kept at its present height and be moved elsewhere on the site. Justice Edwards and Councilman Lizewski would approve the applicant's proposal of the tower remaining as is and reducing the height to 18 feet. Councilman Penny said he could go with either proposal. A second request from the applicant is that · the premises be accessible to the public and for repairs for the hours as stated, and also on Monday and Thursday evenings from 6 to 9 P.M. strictly for the purpose of accommodating veterans groups, Boy Scouts and other such organizations. All agreed to that condition. CoUncilman Penny pointed out that the applicant must go to the ZBA regarding the displays after the Town Board takes their action on the zone change. (6) Extension of lease agreement between Jesse H. Jackson and Francis R. Jackson and the Town was discussed in Executive Session at 11:00 A.M. (7) Discussed request of East End Seaport and Marine Foundation to waive Alarm System fees for Bug Light. The Board decided, based upon their policy not to grant exemptions to not-for-profit organizations, historical societies, fire, park and school districts. (8) Letter from Richard Hilary, Chairperson of the Stewardship Task Force, resigning from that position. EXECUTIVE SESSION 10:35 A.M. - On motion of Councilman Wickham, seconded by Justice Edwards, it was Resolved that the Town Board enter into Executive Session. Vote of the Board: Ayes: Councilman Penny, Justice Edwards, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Assistant Town Attorney Kiernan.---The Board met with Town Trustees Albert J. Krupski, Jr. and Henry P. Smith to discuss possible litigation. 2 8 4 AUGUST 24, 1993 11:00 A.M. - On motion of Councilman Lizewski, seconded by Councilwoman Hussie, it was Resolved that the Town Board' continue in Executive Session. Vote of the Board: Ayes: Councilman Penny, Justice Edwards, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. Also present: Town Clerk Terry, Assistant Town Attorney Kiernan.---The Board discussed the appointment to the Land Preservation Committee, and placed resolution no. 26 on the agenda to appoint James H. Pim.-- The appointment of Building Inspector was discussed and the Board agreed to reinterview David Ko Abatelli and John M. Boufis on August 31st.--Extension of the lease agreement between Jesse H. Jackson and Francis R. Jackson was discussed and the Town Attorney will make the Jacksons a counter-offer for monthly rent. 11:40 A.M. - For Discussion Items continued: (9) Creation of a Records Advisory Committee will be discussed again at the next meeting on September 8th. (10), Letter from. Greenport Village Attorney Daniel C. Ross regarding the Fireman's Service Award Program for the East-West Fire Protection District. A public informational meeting will be held on this subject at 7:00 P.M., Wednesday, August 25th. (11) Set August 31st to interview applicants for the part-time Clerk Typist position in the Building Department. (12) Request from the Greenport Softball League for the Town to pay the light bill for the Greenport Polo. Grounds in the amount of $494.83 for the season. The funding is not available in the budget; also should the Board consider this, they would have to consider other leagues that play at night and currently pay their own light bill. (13) Discussed the preparation of bids for removal of garbage from the Landfill. Town Attorney Kiernan will prepare bid documents for the Board to review, and he will also call Huntington- Smithtown and secure information on various! options '.for tCucking to their facility. 12:30 P.M. - Board reviewed resolutions to be voted on at the 7:30 P.M. regular meeting. 1:10 P.M. - Work Session adjourned. REGULAR MEETING A Rec~ular Meetinc~ of the Southold Town Board was held on Tuesday, Auc~ust 24, 1993, at the Southold Town Hall, Main Road, Southold, New York. Supervisor Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Scott L. Harris (arrived 7:55 P.M.) Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilwoman Alice J. Hussie Town Clerk Judith 1'. Terry Assistant Town Attorney Matthew G. Kiernan Councilman Joseph J. Lizewski Town Attorney Harvey A. Arnoff DEPUTY SUPERVISOR PENNY: Good evening. I'd like to welcome you all on behalf of Supervisor Scott Harris, who has been on vacation. We've got a call into him, and he should be here shortly. There are some important resolutions, that we do not have full support of the Town Board on tonight, and Scott is coming in from his vacation. He was out of town, and he may be late, and apOligizes for that tardiness, but he had not intended to be here this evening. At this time, I'd like a motion to approve the audit of the bills of August 24, 1993. AUGUST 24, 1993 2 8 5 Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the followin9 bills be and hereby ordered paid; General Fund Whole Town bills in the amount of $87,437.53; General Fund Part Town bills in the amount of $31,215.66; Nutrition Fund bills in the amount of $6,965.88; Adult Day Care bills in the amount of $59.16; SNAP Program bills in the amount of $1,777.73; EISEP Program bills in the amount of $583.00; Highway Fund Whole Town bills in the amount of $8,575.20; Highway Fund Part Town bills in the amount of $19,961.10; CHIPS (Highway Part Town) bills in the amount of $121,864.99; Ag Land Development Rights bills in the amount of $600.00; Employee Health Benefit Plan bills in the amount of $13,092.27; Fishers Island Ferry District bills in the amount of $82,418.43; Southold Wastewater District bills in the amount of $18,224.99; Fishers Island Sewer District bills in the amount of $920.84; Southold Agency & Trust bills in the amount of $4,947.26; Fishers Island Ferry District Agency & Trust bills in the amount of $1,247.61. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: Approval of the minutes of August 4, 1993, Town Board meeting on Fishers Island, and the August 10, 1993, Town Board meeting. Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the minutes of the August 4, 1993, Fishers Island Town Board meeting, and the Auc~ust 10, 1993, rec~ular Town Board meeting by and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR PENNY: We need a resolution setting the next Town Board meeting September 8, 1993. That would be sl'i~ht chance. It's normally on a Tuesday. This will be on a Wednesday following Labor Day at 4:00 P.M. Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the next rec, tular meetin9 of the Southold Town Board will be at 4:00 P.M., Wednesday, September 8, 1993, at the Southold Town Hall, Southold, New York. Voteof the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, JuStice Edwards. This resolution was declared duly ADOPTED. I. REPORTS. 1. Southold Town Dog Shelter Monthly Report for July, 1993. 2. Southold Town Board of Trustees Monthly Report for July, 1993. 3. Southold Town Community Development Monthly Report for July, 1993. 4. Southold Town Police Deparment Monthly Report for July, 1993. 5. Supervisor's Budget Report for July, 1993. 6. Councilmen's Report. 7. Supervisor's Report. !1. PUBLIC NOTICES. None II1. COMMUNICATIONS. None IV. PUBLIC HEARINGS. 1. 8:00 P.M., "Local Law in Relation to Yard Sale Permits". 2. 8:02 P.M., "Local Law in Relation to Garbage, Rubbish .and Refuse". DEPUTY 'SUPERVISOR PENNY: We have public hearings this evening, one a "Local Law in Relation to Yard Sale Permits" at 8:00 P.M., two, a "Local Law in Relation to Garbage, Rubbish and Refuse", at 8:02 P.M, and at this point before we proceed with the resolutions, we have a policy which allows any member from the audience to address the Town Board on any resolution, that is on the agenda. The resolu- tions are listed one through twenty-eight. Is there anybody from the audience, that would like to address any Town Board members on these resolutions at this time? Please, come forward to one of the microphones, and indentify yourself. · 2 8 6 AUGUST 2/4, 199;3 JIM BUNCHUCK: My name is Jim Bunchuck. I'm the Solid Waste Coordinator for the Town of Southold, and resident of the town in Greenport, and I have a few comments to make on the possible resolution to purchase a new tub grinder to use'at the landfill to grind the brush. I' felt it was important to make a few comments on my behalf, as well particularly on the behalf of Ray Jacobs, the Public Works Commissioner. In particular, since this resolution I believe is up tonight, or maybe up tonight for your approval, I wan?ed to correct what I think might be a misconception of why we need a tub grinder, why we feel we need one at the landfill. First, we've heard some feeling or thought that it was primarily in relation to the proposed swap of twigs for trash, so called between Southold, and Huntington, and Smithtown. While that proposal may be on the back burner now, and a tub grinder certainly would be useful in an arrangement like that, bet it was by no means the reason why Ray proposed it, when I recommended that he do so. In fact I talked about the need for a new tub grinder dates back to a good year ago, when the Town went to bid to an outside firm to have them come in and .grind up the brush, that was left over from Hurricane Bob. It was two years ago. We had to do that, because our tub grinder at that point was barely able to keep up with the daily intake of normal debris, that we were receiving, yard waste that we were receiving at the time, much less the fifty thousand cubic yards that had built-up by residents bringing in after the storm. The contractor, who cafe in had state-of-the-art equipment, including two tub grinders, that in compar.son to ours where unbelievable productive in my opinion. One of those tub grinder alone was able to produce up to a thousand cubic yards a day of wood chil~s. In fact, d.id so on several occasions in the two months that they were here, o'r~ several -days they reached that thousand yard plateau. Ours in comparison, at it's best, was only taking, or doing, maybe doing two or three hundred cubic yards, when it was able to operate a consistent work day..,So, the existing tub grinder then, it just can't keep up at this point. This is a year ago. At this point now, it can't keep up even with the daily normal running of the landfill. We have several acres of brush, that are piled up up there, which is evidence to anybody, who goes in and out. We've never had that kind of buildup in normal operations, storms, yes, but not in daily routine work. The estimate, that I was thinking today of how I could say how far behind we _are in terms of work, I was thinking a couple of months. In reality I was reminded that the tub grinder, which we now use, has a most serious maintenance problem. The week before, it broke again, which was back in April. So, it's really like four months, and we've been able to do very little work since then. We normally run that machine, or used to be able to run that machine most days of :Lbe._~eek,.[~/ith routine maintenance it miL3ht;: be. down a couple of' days. Lately this summer it's been barely operatin9 one or two days a week on average. The material that we have built up there now, I don't have an estimate, because some of it's packed tightly, and some of it isn't, but it's about four months worth, as I said. That material is 9oin9 to be have to be processed or 9round by somebody. A year ago we contracted out. It cost us around $150,000.00. Luckily that money was reimbursed to the town by the Federal 9overn- ment under the FEMA 9rants, but the material that we have there will need to be ground up as well, and if we're unable to use our own equioment, we need at some point to 90 to bid, and spend probably a similar figure. Put together, which in that figure this time, will not be reimbursable, because it's not due to any emergency. Put together those two amounts will pay, more than pay for, a new machine. In addition, I want to mention a couple of cost factors related to the machine, that we're now usin9. We've already spent between $30,000 and $40,000 this year on operatin9 costs for our tub grinder, close to $20,000 of that is due to non-routine expenses. We've had problems with sprockets, and chains, which are quite large, and heavy duty items, that are used to turn the machine, a variety of those things, blocks, and bearings. We've had to do a lot of welding. The metal on the tub grinder is wearing very thin in a number of places, and we've had to put heavy plate on the bottom, and the sides to build it up. By the end of this year we expect to be probably in the $50;000 to $60,000 range just for operation and main- tenance of our existing tub grinder. That is probably 25% or more of the cost of some tub grinders. Finally, I guess, keep in mind that the machine that we have now is Havester tub grinder. We was purchased by the Town in 1985, and it's a first generation commercial grade tub grinder. The first of it's kind built by that company, and any others. The general purpose of that machine is to handle material like foliage, leaves, and brush up to four inches in diameter. That accounts actually a~ important point, not only accounts for maybe a little over half of the brush, that comes into the landfill every year. With the inpending sensation of AUGUST 24, 1993 287 landfilling _l_i~eLly t~o take place up there, the portion that our tub grinder can't grind, which we've been burying, would simply need to be hauled out. That's another five or six .thousand tons of material, that would have to be transferred out of town, if we couldn't bury it, and that's assuming if, also, the existing tub grinder would be back on it's feet, and do what it used to do, which it can't at this point. So, that burial option will soon be closed up. A new machine would certainly handle a lot larger material, twenty-four to thirty inch wide catagory, and would basically allow us to do virtually, all our entire brush stream, waste stream. In addition, the tub grinder we have, it's been loaned to Islip, to Easthampton, to the Village of Greenport, on loan for emergencies. It's handled the material from three different hurricanes. It's simply wearing out. It was a good machine. It's done a good job. The last couple of years, when devoted to leaves and light material, it does a pretty good job. In fact the leaf mulch, that many people in town like to come up and take, that we've had in the last couple of years is due in a large part to grinding of leaves, that had composted for several months, and we had put through the tub grinder to speed up the process, and make available. The sort of a good antedote about this, and what the effect of the tub grinder, the problem with our tub grinder has been is when people call up, and say, what great leaf mulch, and it has been in the past pretty good. I feel that a long explanation, which I sure you've heard me speak can understand. After a long 'winded explanation about some of the difficulties we've had, we'll get to the leaves as soon as we can get to some of the brush, etc. etc. Trying to explain a point, the other day I was down in the scalehouse to check things out down there, and .I heard one of the scale operators mention to an incoming resident, who is asking for the leaf mulch, he put it very distinctly, he said, we don't have it because the tub grinder broke, and that's essentially the truth. We had a very popular product up until earlier this year, which we're not now able to have on a consistent basis, so I just wanted to make those remarks. I feel that if we're going to continue .to handle the' brush material for the town it's essential that we get a new tub grinder. The one that I hope is up for proposed bids tonight will a model that will enable us to handle everything that have, in fact a lot more than we had been able to do in the past, and I feel that it would serve-the taxpayers wel], and will enable us to do the job correctly, and that' basically it. Thank you. DEPUTY SUPERVISOR PENNY: Jim, just one question, can we continue to use that old tub grinder for processing leaves? JIM BUNCHUCK; We could use the tub grinder for processing leaves. Leaves are heavily abrasive item on the hammers in the tub grinder, so we'd probably have to change the hammers, which is a routine item, on a more frequent basis, but there's not the vibration associated with leaves, obviously, as there is with brush, and wood of different sizes trying to go through the machine. The vibration that is shaking a lot of the machine parts away, as well as some of the abrasion, but it's the vibration that is causing the problems with electric clutches, with the pillar blocks, etc., that are very expensive items, and the leaf mulch when we were.. the.leaves, we were able to put it through. We've got more consistent long term use with the leaves, than With the heavy items, but, yes, that would be a likely use of the machine, as a secondary grinder. DEPUTY SUPERVISOR PENNY: The reason I was asking, is Ray Edwards and I took a run up there right after the meeting today, and we were watching it in operation, and when it hit some sizable chunks of wood, that thing was really making some shaking and rattling sounds, that were actually scary. I was just figured maybe by eliminating some of the softer grinding that it could have a longer ife expectancy. JIM BUNCHUCK: I think it could. Yes. JUDGE EDWARDS: [ have a question for Jim. Jim, if you're taking leaves in there like in the fall, what would be the possibility, would it work if you took the leaves in there, and added an equal amount of stuff, that's already been chipped, that's come out of the tub grinder, it's a smaller product, and you make it smaller, would that make a better end product? JIM BUNCHUCK: Actually that's something that my foreman, and I were talking about this afternoon last today, That would be possible, or probable, better use than straight leaves, because the leaves, as I said, are very abrasive. If you mix it with the wood chips, there's a little less abrasion, but it"s still easier enough for the machine to handle itself, and would actually aid in composting the wood chips, if you could mix leaf mulch with wood chips, then the wood chips will break down faster, JUDGE EDWARDS: I think you'd have a better end product for the people, that come up there to get it. I think they'd appreciate it. JIM BUNCHUCK: You're pr~obably right, because the wood chips going through a secondary grind, which isn't anything we've done before, would make them finer, and would be less stringy, etc, than what we've been doing. DEPUTY SUPERVISOR PENNY: Is there anyone else from the audience, that would like to comment on any of the resolutions, that are before us this evening? Sir, would you please come forward to the microphone, and identify yourself? ED SIEGMANN: On Resolution #17, I see accepting the r~signation of Richard Hilary. I would make a recommendation to you, that when you do that, you rehire Ken Reeves, that used to have that job. DEPUTY SUPERVISOR PENNY: This is from the Stewardship Task Force, not from the Town Recreation Department. ED SIEGMANN: Oh, I see. Let me mention while I'm up here then, in reference to Richard Hilary on the job that you put him on down at the center. DEPUTY SUPERVISOR PENNY: Excuse me, could you do that at the end of the meeting, if it's not on the resolutions? There's a time for that at the end of the meeting. ED SIEGMANN: On #28, can you give us an explanation about that Local Law that 'is going to be in reference to garbage, rubbish and refuse? DEPUTY SUPERVISOR PENNY: That is the L.o, cal Law, that is before us this evening. Judy always puts them on the agenda. TOWN CLERK T. ERRY: For the public hearing tonight, and then we decide whether we're going to make a decision at the end. ED SIEGMANN: Okay. Thank you.. DEPUTY SUPERVISOR PENNY: Frank? FRANK CARLIN: Frank Carlin, Laurel. This is a question for this gentleman here, that spoke before Ed. When we get this new tub grinder will be continuously lending it out to other towns, and why did we lend it out to other towns, and were we in verse with it when we did lend it out to other towns? Maybe that's why the thing wore out. JIM BUNCHUCK: Whatever time it spent in any other townships was certainly a lot less time we had it, and it was also done quite a few years ago, I think shortly after we purchased it. Of course, I wasn't here then. I don't think anybody on the Board was here then. JUSTICE EDWARDS: I wasn't here: DEPUTY SUPERVISOR PENNY: It was loaned for a period of time, I believe, as a test model for the Town of Easthampton, I believe. JIM BUNCHUCK: It was my understanding that when the Town acquired the machine it was the first of it's kind in the area, in the area. Like I said it was the first machine at the time, that this company even made, and some other towns were interested in seeing how it worked, and we're talking about a loan of a period of days, what Islip actually did after seeing it operate for a few days, they went out and bought two identical machines, which they're still using'although they're also facing a lot of the same kind of problems, that we are. As far as Greenport, I think that was probably a couple years ago, and they had emergency buildup of brush, that the DEC wanted them to take out of Moore's Woods, and I believe it was there for two, or three days tops. That's the one that I was personally loaned, since I was here. FRANK CARLIN: Well, that's fine. It adds up to what you're saying is, that we lent it out to other towns, because it was a new piece of equipment to research and development at .the cost of the taxpayers of Southold. That's what you're saying. That's how I interpret it. DEPUTY SUPERVISOR PENNY: Excuse me, Frank. Could you please address the Chair? We're not here to interogate Jim. We're here to discuss a resolution, that is before us. FRANK CARLIN: One more question. DEPUTY SUPERVISOR PENNY: Frank, please address the Chair on the resolutions, that a~e before us. The resolution is to purchase a tub grinder. If you want to ask the Town Board what the Town's intentions are with the tub grinder, than the Town Board will respond. Jim works for the Town. Jim was not here, when · it loaned outside of the town to my knowledge i~Fe'viously, so you're kind of putting him on the spot. FRANK CARLIN: Let,me ask you one question, that will be on this one. Will you guarantee the new one, if bought, won't be lent out, or be lent out for research or development to'other towns? Will you guarantee that? JUSTICE EDWARDS: ' I'll vote that it won't be. 'FRANK CARLIN: I believe you, because you're a man of your word. JUSTICE EDWARDS: I vote that it will not lea.ye the town. FRANK CARLIN: That's right, because there's taxpayer's money involved, and it shouldn't go to other towns. JUSTICE EDWARDS: I can honestly say, that when the tub grinder was loaned out 'of the town, the Town Board had no vote on it. It was done. FRANK CARLIN: You should have had control of it. Taxpayers' money, it was bought with. You have control of taxpayers's money, and how it's spent in this town. JUSTICE EDWARDS: You're right. PHIL VANBOURGONDIEN: Phil VanBourgondien. I have a question here, too. If you go to bid on the tub grinder, this is going to be financed by a bond issue? DEPUTY SUPERVISOR PENNY: That's correct. PHIL VANBOURGONDIEN: My second question is, will this tub grinder, and stump grinder, whatever the other purchase is, what is the total estimated expenditure for the two items? DEPUTY SUPERVISOR PENNY: The stump cutter is $13,900.00. The tub grinder is $256,100.00. PHIL VANBOURGONDIEN: So, we're at $265,000.007 DEPUTY SUPERVISOR PENNY: Yes, sir. PHIL VANBOURGONDIEN: If we purchase both of these pieces of equipment will that do the job on providing all the cover for the landfill, that we don't have to go out and spend money purchasing material to cover the landfilP. DEPUTY SUPERVISOR PENNY: That is our hope. PHIL VANBOURGONDIEN: Your hope? That's the best you can come up with is a hope? DEPUTY SUPERVISOR PENNY: It is our hope, that we will be able to produce the material here, and not have to buy anything from the outside, it all depends upon how fast the DEC makes us cover the landfill. It's going to phased. We understand that we may be able to build up the slopes with some construction and demolition debris, but continued cover is our goal. The recommendation for us doing this came to us last week in the form of a proposal from our Solid Waste Task Force. COUNCILWOMAN HUSSIE: I have the numbers in front of me, Mr. VanBourgondien. We did look into that. We have 27 acres, of the landfill to cover. It has to be covered at about a depth of one foot. It comes to cost of $10,500.00 per acre a foot to buy cover, which brings the total of 27 acres to $292,519.00, if we were to buy cover for th~J 27 acres. PHIL VANBOURGONDIEN: Thank you very much. DEPUTY SUPERVISOR PENNY: Bob, would you come up to the mike, please? · BOB PFLUGER: My name is 13ob Pfluger. I'm B.P. Wreckers, Limited, a trucking and roll-off business. In regards to your stump grinder, I just dropped off a letter to the Town Clerk. I just have an alternative, that might help out the Town. I'd like to make an offer to take all the brush, stumps and trees, whatever, for $12.00 a yard. The Town right now is presently charging $60.00 a ton for material, and one container, which I have is a 60 yard container. You're approximately going to get fifteen to twenty-five tons in that container. At this rate, the Town's making $60.00 a yard as you take it in, there's no reason why the Town can't get rid .of the material. I can truck it away to a legal place, where they can grind it. You don't have to grind it, you don't have to wear out your machine, buy parts, and what have you, and you're still making money. I'd just like you to give that a thought. Thank you DEPUTY SUPERVISOR PENNY: Thank you, Bob. We'll forward this proposal to our'Task Force, and they'll work on the figures. SUPERVISOR HARRIS: Good evening. Is there anyone else to speak in reference to the resolutions we'll be acting upon in the next few minutes? ED SIEGMANN: Wouldn't it be good to lay that resolution aside then, instead of passing it tonight, since we had this proposition, and look into it, before you pass the resolution? SUPERVISOR HARRIS: Frank Carlin, state your name for the record, please. FRANK CARLIN: Frank Carlin. I would second that what Ed said. The man came forward, and had an idea. I would cancel it for this meeting, and study it. You people like to study everything all the time. This is a good opportunity to study this. You study everything else. You've been studying garbage for ten years, and we're nowhere with it. So, study this. AUGUST 24, 1993 2 9 I JIM BUNCHUCK: Just maybe to add a little bit to that. There's sort of sense of urgency at the landfill, that we feel that we need to address, which is the brush that's there. We:~'e running our of space to put it, and if we don't do something very soon, and I don't think there's a lot of time to study a new proposal, that's just coming in, that may or may not get us anywhere close to what we're really looking for. I think Bob last year with the outfit that we had come in to propose to do the brush grinding that we had last yearl made a proposal, too, but it didn't work out to be exactly what we thought it was. In fact, I think he was doing it under the feeling, that we were sort of going at it, and spending money willy hilly, when in fact we got the best deal, that anybody by far proposed to do with the brush last year, that we could have, and we're reaching a point now we don't have any more room to put the brush, and if we don't do something soon, we will have to pay somebody to come very soon to the site, and do something with it. This October deadline for the landfill, and with material, that is potentially need to assume to be buried, unless it get removed or ground up is coming very soon, and I would just hate to see the Town spend another hundred and some odd thousand dollars, and still have nothing to show for it. At the very least, if we were to acquire a tub grinder of that value, it's a state of the art machine, if it every came to the point where we didn't need these contracts that the Town entered with companies to purchase the equipment, there's a buy back cost, and if we decide we don't need it after a certain point, usually it's two or three years down the road, we'll get a pretty good chunk in value of that machine back in cash, if we want to just give it back to the vendor, no questions asked. It doesn't even matter what condition it's in at that point, if it's within a certain time frame. So, those things we're considering. We wouldn't be sitting with a white elephant, in other words, in my opinion,, if we went ahead and got the machine, a'nd found out a year from now, that we may not need it at that point. We can get a big chunk of the value back. We could also rent it at some point, if that were to come to past. Thank God I feel like the Town kind of owes it's residents the most we can do up, and if that works out to be our own tub grinder, well, so be it. I guess I'm interested party here, but I just wanted to make those comments. SUPERVISOR HARRIS: Thank you, Jim. Councilman Penny. COUNCILMAN PENNY: Last week we had a thought brought to us, that we could 'dispose of this material out of town at a $20.00 tipping fee. That $20.00 tipping fee resulting in a cost to the town to dispose of 9,000 per yard at $234,000.00. That $20.00 tipping fee resulted in a cost to the town to dispose of 9,000 tons per year of $234,000.00: Now, that only takes care of one problem. To buy cover for the dump, as Alice said just a' few minutes ago, was $292,000.00 for us to buy back material. So, getting rid of the material only covers one portion of this, so if you took the $234,000.00, and you added the $292,000.00, if my figures are right, it's $526,000.00, that it's going to ultimately cost the Town of Southold to .get rid of it's debris, and buy back cover for the landfill. The proposal before us to spend about $250,000.00, which is about half of that. Now, I realize that Mr. Pfluger's proposal, which we really haven't had a chance to look at, it just came to us about two minutes ago, is for approximately two thirds of the $235,000.00 figure. That takes the ultimate cost of disposal of this, if we didn't have to buy material down to a very Iow number. However, I have to remind you that $292,000. still stands. For us to buy cover at the landfill alone,without worrying about: disposal, would be more than the cost of the purchase of this equipment, and that is the proposal that we have before us. This has been thoroughly researched by our Solid Waste Task Force, by the Technical Advisory Committee, and believe you me, they have checked out every scenario, that has been brought before them, and sure that they will do further research on Mr. Pfluger's. WILLIAM METZ: My name is William Metz. Can you tell me how Brookhaven Landfill has paid for cover material to cover the landfill? SUPERVISOR HARRIS: I have no idea. WILLIAM METZ: Do they buy their material? SUPERVISOR HARRIS: I wouldn't know how the Town of Brookhaven operates to tell you the truth. They are so big the size of Brookhaven wouldn't even relate to the size of Southold in the size of the landfill as well as their population. I have no idea. I can't tell you. WILLIAM METZ: They do not buy their cover material material. They charge for their cover material, and it's ridiculous to tell all these people, that you have to buy cover material. COUNCILWOMAN HUSSIE: I don't quite understand. WILLIAM METZ: You don't have tQ buy cover material. COUNCILWOMAN HUSSIE: What do you cap the landfill with? WILLIAM METZ: You proposed the tub grinder? COU'NCI LWOMAN HUSSIE: Right. WILLIAM METZ: What do you do with all your wood for demolition? SUPERVISOR HARRIS: That's what we're talking about. That's what gets ground up. WILLIAM METZ: What.are you going .to do with it? COUNCILMAN PENNY: We're trying not to buy cover material by using it out of the material that is brought to our landfill, so that we don't pay for somebody to take away the item in the first instance,., and then for us to buy it back already processed at twice the cost. WILLIAM METZ: Okay. At $40.00 a ton, what you're charging right now. SUPERVISOR HARRIS: $60.00 a ton. WILLIAM METZ: Okay. $60.00 a ton right now, Yaphank is charging almost $80.00 a ton in Brookhaven. Don't you think you can take in outside material? SUPERVISOR HARRIS: That was the idea, sir, between the tub grinder, which again..that was the idea behind the purchase of this equipment, as I'm sure has been stated. The equipment that is up there is completely shot. It's over eight · yea~s old. It has more than paid for itself, and not to mention other towns that have borrowed it previous years ago, a long time ago. They also borrowed our own tub grinder for their use at one time for a major storm, that took place. So, you're right, that's what the point is. WILLIAM METZ: What it comes down to though, is you wouldn't have to pay for the material. .SUPERVISOR 'HARRIS.: That's right. We would save purchasing material by pur- chasing .equipment, and taking that material in. That's what the Task Force study shows. Yes, that's absolutely correct. WILLIAM METZ: Thank you. SUPERVISOR HARRIS: At this time, .I need a motion to recess to go into public hearings, and then we'll get back to the regular portion of our agenda. Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a public hearing. Vote of the Town Board: Ayes: Councilw. oman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. · ' Meetinc~ reconvened at 10:00 P.M. AUGUST 24, 1993 293 SUPERVISOR HARRIS: At this time, we'll go back to the regular portion of our agenda, and that's the resolutions of the evening. 1.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby autl~orizes and directs Supervisor Scott L. Harris to execute a ~rant appliciation to the New York State Department Of Environmental Conservation, National Small Business Tree Plantinc~ Procjram, for a Supplemental 1993 Local Application for the Southold TOwn Tree committee; total project cost is $27,500.-00 (grant request is $15,000.00, With balance in in,kind or cash local match). 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Justice Edwards, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby adopts two (2) new forms to be used under the'Flood Damac~e Prevention rec~ulations of the Code of the Town of Southold: "Floodplain Development Permit Application" [FDP(93)], and "Certificate of Compliance for Development in Special Flood Hazard Area [C/C(93)] · 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3o-Moved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Rehn & Fore, Certified Public Accountants, to conduct an audit of the books and records of the Town of Southold with regard to the New York State Affordable Housing Corporation Grant #91/625, at a total fee of $2,000.00. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Grant Agreement between the New York State Affordable Housing Corporation and the Town of Southold for funding of Southold Villas, Section I1, all in accordance with the approval of the Town Attorney. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Justice Edwards, Supervisor Harris. Abstain: Councilman Penny. This resolution was declared duly ADOPTED. .COUNCILMAN PENNY: I will abstain, and for the reasons previously stated with anything in regard with anything in regard to Southold Villas for I have from time to time sold building material to Southold Villas, and that my voting for this, although this will not .go directly to me, some funds from this might come indirectly to my business, and I will abstain because of that. 5.-Moved by Justice Edwards, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Super. visor Scott L. Harris to execute a lease agreement between the East · Marion Fire DiStrict and the Town of Southold for the black' top driveway to the west of the East Marion Fire House and the black top parking area to the~ north of the East Marion Fire House, for a term of ,five (5~ years, September 1, 1993 through September 1, 1998, at a total rent of ten ($10.00) dollars, to be paid in full upon the execution of the lease. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. $.-Moved by Councilman Wickham, seconded by Justice Ewards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a lease agreement between the Cutchogue Presbyterian Church and the Town of Southold for the black top parking area north of the church building, and the black top access driveways from Highland Road to the parking area, for a term of five (5) years, October 1, 1993 through October 1, 1998, at a total rent of ten ($10.00) dollars, to be paid in full upon execution of the lease. 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2 9 4 AUGUST 24, 1993 7.-Moved by Councilman Penny, seconded by Councilwoman Hussie, 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 Special Exception Fee"; now, therefore, be it RESOLVED that this proposed Local' Law be referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations, all in accordance with the Southold Town Code and Suffolk County Charter. This proposed Local Law reads as follows: A Local Law in Relation to Special Exception Fee BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter I00 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-262. (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is .not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be ~h~ee h-~:~t et~tees-~$300-¢) four hundred dollars ($400.), as set forth in § 100-274. II. This L(~cal Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Understrike represents addition(s) COUNCILMAN PENNY: Basically this Local Law raises the fee for a Special Exception from $300.00 to $400.00. TOWN CLERK TERRY: And basically it fits into conformity this section with other sections in the Code, where it is addressed separately as well. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, WHEREAS, there has been presented to the Town Board of the Town of Southold, on the 24th day of August, 1993, a proposed Local Law entitled, "A Local Law in Relation to Special Exception Fee"; and WHEREAS, this proposed Local Law has been referred to the Southold Town Planning Board and Suffolk County Department of Planning for their recommendations and reports; now, therefore, be it RESOLVED that the Town Board hereby sets 4:30 P.M., Wednesday, September 8, 1993, Southold Town Hall, Main Road, Southold, New York, as time and place for a public hearin9 on this proposed Local Law which reads as follows: A Local Law in Relation to Special Exception Fee BE IT ENACTED, by the Town Board of the Town of Southold as follows: /. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-262 (Application; hearing; approval; violations of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form ~or the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity w'ith this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the the application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down for a public hearing. The fee for a special exception shall be ~h~ee t~trr~r~ cloH~-r-s ~$300~ four hundred dollars ($400.), as set forth in § 100-274. AUGUST 2~, 1993 295 II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 8.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Justice EdWards, 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 installation of a well and submersible water pump at the Robert W. Tasker Memorial Park, Peconic, New York, all in accordance with the bid specifications. COUNCILMAN PENNY: This is being paid for with Community Development funds, and must go to bid when the cost is over $2,000.00. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman. Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This' resolution was declared duly ADOPTED. 10.-Moved by Justice Edwards, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby increases the hourly, rate of pay for Senior Adult Day Aides from $5.00 per hour to $5.50 per hour, effective immediately. 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 11.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Lawrence Healthcare Administrative Services, Inc. to pay a Lawrence Memorial Hospital bill for services rendered in 1991, but not submitted by the hospital until August 9, 1993. 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Supervisor Harris. Abstain: Justice Edwards. This resolution was declared duly ADOPTED. 12,-Moved by Councilman Penny, seconded by Justice Edwards, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED AUGUST 24, 1993, AUTHORIZING THE PURCHASE OF A STUMP BUSTER FOR USE BY SAID TOWN, STATING THE ES'I~IMATED MAXIMUM COST THEREOF IS $13,900, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $13,900 SERIAL 'BONDS OF SAID TO.VY~N TO FINANCE SAID APPROPRIATION. .THE TOWN-' BOARD:.. OF 'THE .TOWN OF :SOUTHOLD, IN .THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the 'favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase a Stump buster for use by said Town. The estimated total cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $13,900 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $13,900 ser~bonds of the 2 9 6 AUGUST 2~,, 1993 Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $13,900, are hereby authorized 'to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 133-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which said $13,900 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section~lI.00 a~ 28 of the Law, is five (5) years. (b) 'The proceeds of the bonds herein authorized and~any bond anticipation notes issued in anticipation of said bonds may be- applied to .reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in confoamity with Treasury Regulation Section 1.103-18 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as Prescribed by Section 52.00 of the Law'~nd said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without AUGUST 24, 1993 297 limitation of rate or amount. The faith and credit of the Town are herebyirrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. ~ Section 5. Subject to the provisions of this resolution and of the Law and'pursuant to the provisions of Section 30.00- relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond~ anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at.the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is co~%~L~nced 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. This bond resolution/ shall take effect ~L~L~ediately and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in full, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in "THE LONG ISLAND TRAVELER-WATCH~4AN," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. 12.-Vote of the Town: Ayes: Councilwoman Hussie, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: I don't think we've had bonds of this small a number before, and I don't think it's a good policy to start at this time. COUNCILMAN PENNY: I'd like to agree with Tom that we haven't had bonds of this size before, but we explained to Tom at the meeting earlier the reason that this and the next one couldn't be put in the same bond issue is because the life of the tub grinder was seven years, the life of the stump buster was only five years, so they had to be separated out for that reason, and that reason only. 13.-Moved Councilman Penny, seconded by Justice Edwards, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 24, 1993, AUTHORIZING THE PURCHASE OF A TUB GRINDER FOR USE BY SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $256,100, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $256,100 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to purchase a tub 9rinder four use by said Town. The estimated total cost of said specific object or purpose, includin9 preliminary costs and costs incidental thereto and to the financin9 thereof, is $256,100, and said amount is hereby appropriated. The plan of financin9 includes the issuance of $256,100 serial bonds of the To~wn to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and paYable. Section 2. 'Serial bonds of the Town in the principal amount of $256,100 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constitutin9 Chapter 33- a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The followin9 additional matters are hereby dete£z~Lined and declared: AUGUST 24, 1993 299 (a) The period of probable usefulness of the specific object or purpose, as described herein, for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 28. of the Law, is hereby determined to be seven (7) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose or purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.103-18 of the United States Treasury Department. ~ · (c) The proposed maturity of said $256,100 serial bonds may exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipat.ion notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes-issued in anticipation of said bonds, shall be general ' obligations.~of the Town, payable as to both principal and interest by general tax upon all the taxable real property within th9 Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment, of the principal of and interest on said bonds and any notes issued in anticipation of the~sa&e of said bonds and provision shall be made, annually~in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, forn~ and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said'bonds, and the renewals of said bond anticipation.notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, ~nd an action, suit or proceeding' contesting Such validity, is co~%enced within twenty da~s after the date of such-publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to permissive referendum. 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WICKHAM: i'd like to add to this. Jim Bunchuck spoke earlier this evening about the importance of the tub grinder,and one of the comments that he made in his opening remarks is if the Town is going to get into this business of composting we really have to have a tub grinder, and I agree with Jim. I was one of the few Town Board members who actually watched the demonstration of the proposed tub grinder, and I think as Jim said, that if we are going to get into this business it is important that we have it. Before we invest a quarter of a million dollars of taxpayers' money I want to see the Town look at the alternatives seriously. We can't just be spending money, and then get the equipment, and then we sort of gravitate into that business. But, this morning at the Work Session I tried on several occasions to get the Board to focus attention, and to come to terms with different alternative, to consider them seriously, but the Board would not do it. I want to outline to you tonight one of the possibilities, that I don't believe has been adequately looked into, and I'll just read briefly from a letter that I just got last evening, and I'll just paraphrase parts of it. If the Town of Southold would like to s~te it's own yard waste facility our company would be willing to enter into 'a site management agreement with the town. This would consist of jointly utilizing the town's equipment, and our company's specialized equipment at the Town's own site. The company would be wil|i~r3gto enter into,a fixed price contract with the Town after discussing this proposal in more detail with the approriate officials, etc. We would then know more what equipment could be used from the Town, and what equipment could be brought in a mobile basis from our company. We've also heard from Mr. Pfluger tonight, who pr~oposed another way of dealing with some this. There are lots of different ways to do this job. This morning I was quoted as having said a week or so ago, that I wouldn't except yard waste into the Town of Southold. That is not correct. I do support it. I want to see it happen, but I don't think that we should agree to a quarter of a million bond at this time without looking at the different ways of how we can compost the yard waste that would come in. So, Jim, in response to the need for this town, and the tub grinder, if this Board will look seriously at the alternatives¢ I'm very interested and very supportive of yard composing but I want to know that is going to be the cheapest way to do the job, and in a way that the DEC will permit the use of cover for the purposes that Hank Pope and others have said it will be done. I don't think we have those assurances in hand, and until we do I think it's not a prudent use of taxpayers' money at this time. So, that's a long answer to why I'm voting no. AUGUST 24, 1993 301 COUNCILMAN PENNY: We have the substantiation, which was given to the Task Force. Two weeks ago Tom suggested that by dealing with the $20.00 tipping fee elsewhere, and by going and buying back'the compost, that we could possibly save the town money. We have the report, which was given to the Task Force on the 18th in writing, which contradicts that theory. We respect the fact that people are bringing us proposals at this very late time, and we're trying to deal with them on a case by case basis as quickly as possible. The support for the equipment at this time does not mean that the Town will accept the bids. If in fact there is. some validity to these last minute numbers, that are coming in post haste all of a sudden, and quite surprisedly from many different directions will still be passed on to the Task Force, and will be dealt with accordingly. The numbers that Mr. Pfluger left here this morning comes to a total of $154,000.00 to remove the trash, but then again the $292,000.00 that it's going to cost the Town to buy back cover for the landfill. It offsets the difference still by a wide margin, almost two to one. This proposal which Tom has brought to us again from Earthgro at $30.00 a ton for hauling and composting does not address what the Town is going to have to pay back. It's actually higher than the figures that he dealt with last week, while we were talking about $20.00 a ton for a tipping fee, and $6.00 for trucking. So, the figure that he bro.ught us last week, $292,000.00, or $526,000.00, is now even talking about buying a $250,000.00 piece two to one, but we will take everyone of which amounted to $234,000.00 plus higher. It's up around $600,000.00. We're of equipment, a savings of better than these requests that come in, and as we said today as the requests come, and we dealt with..l'm sorry, Scott was not at the meeting here, but we dealt with this matter somewhat when these proposals came before us. We assured Tom that will take, and refer these proposals to the Task Force, so that the numbers can be verified. The Towh of Southold does not have to accept a bid, does not have to spend one nickle of this money in case the figures that are coming to us do pan out, but so far they haven't, and I can't see where they're going to, but let's not prejudge them. Keep bringing us figures. Keep bringing us more information. Thank you. JUDGE EDWARDS: I vote yes with an explanation. I've been around as long as the eight years old tub grinder. It's tired. It's worn. It's done it's job. It certainly has, and if perchance, let's hope it doesn't happen, but we do get another serious hurricane this September, or October, our new tub grinder would be handy. We wouldn't have to spend the money to bring in someone else to chip our brush. We'd have it right there, We've got to have a backup, not for just for composting yard waste, but to get us out of the jam. We've got a mess up there now, a mess of brush and leaves, that this antiquated tub grinder with the repairs that it needs, it just can not handle it, and we're going to get stuck with it, so I'm voting yes, because I think it's time for the Town to invest in a new tub grinder. SUPERVISOR HARRIS: I'm voting positively yes for a number of reasons. First 'of all, I'd like to apoligize to my mother and my family. I was taking a few days off. I had a call from my secretary, that Councilman Wickham was going to vote against the tub grinder. Councilman Lizewski was not going to be here tonight, which means that it was going to fail. I find that to be obstructionism. Obviously this individual has very little foresight about the needs of Southold Town. I find it very interesting, that there's a letter here today, which I have just been reading which is addressed to Tom Wickham, Supervisor. Not so fast, Tom, you've got a long ways to go. Good luck. So, I wonder who's been portraying themselves as .somebody that they're not. I also find it curious at the end of the letter, and this is for the record, it says, please, treat the enclosed manual in a confidential fashion, as this is not for public comsumption at this point. I will follow up with you shortly to plan our next course of action. What course of action, Tom? Are we deceiving the public, again, behind the scenes, secret meetings, that we don't know about? Very interesting~ Now, the point about voting for this tub grinder, this has become a political issue; Why? Because Mr..Wickham is running this year for another office. I would suggest, Tom, that you take time, if you haven't already, and during a hurricane, or maybe during the last four storms, instead of worrying about your farm, or going overseas, and things that you normally do, worry about the town of Southold. You have no idea the responsibility it is to take care of a township during a master disaster. I do,' and I happen to knoW, that tub grinder is invaluable, when you have thousands of tons of debris that come in, that have to be ground up, and removed. $150,000.00, ladies and gentlemen; is what this town spent to grind up outside debris, that came from our township, but outside of our landfill. A private vendor had to be hired. If we had our own adequate piece of equipment we wouldn't have to spend this kind of money. Thank goodness FEMA was there to reiml~urse us for that expense. Thank God for Federal Emergency Management Act. That's all I can say. This town absolutely needs a tub grinder. It's a piece of equipment, that couldn't be -replaced by any other piece of equipment, whether it's a bulldozer, whether it happens to be a tractor-trailer, whether it happens to be a dump truck. In this case, a piece of equipment at the landfill, which is dilapidated, and shot, and obviously we're going to 9et very little in trade for it, which I can't tell you the number of times it's been down, and the cost each time involved. The last cost was $8,000.00 to try to repair it to run for a few hours before it broke down again. So, if Mr. Jacobs at the Landfill recommends to this Board, who is the Superintendent of Highways, that a piece of equipment needs to be replaced, believe me, it needs to be replaced. I have. absolute faith in the Superintendent of Highways, the Commissioner of Public Works. Equipment that he makes run, and continue to run, is not new equipment. Some of his equipment 9oes back into the late forties. I commend him for that type of responsibility. This man does not make a recommendation to this Board unless it's absolutely, positively, needed, and I'm 91ad to vote for this tub grinder, and I hope that when the bids come in, it comes in less than the amount that has been stated, and that's what the bid process is for. Thank you, and again, I apoligize to my wife, and to my mother. My mother is celebrating her seventy-fifth anniversary this week, and unfortunately I couldn't be with her to celebrate that. I would like to have been. I'm also celebrating my anniversary, and I apoligize to my family for having not to spend the time with them having to be here tonight taking care of Town business, which should have been the standard operating procedure to replace a old piece of equipment, which has been run down, and needs replacement.. Thank you. 14.-Moved I~y Councilwoman Hussie, seconded by Justice Edwards, THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVED AS FOLLOWS: Section 1. The Town Clerk of said Town of Southold shall, within ten (10) days after the adoption of this resolution cause to be published, in full, in the "THE LONG ISLAND TRAVELER- WATCHYJLN," a newspaper published in Southold, New York, having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 24, 1993, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 24, 1993, authorizing the purchase of a tub grinder for use by said Town, stating the estimated maximum cost thereof is $256,100, approprSating said amount therefor and authorizing the issuance of $256,100 serial bonds, of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, is as follows: FIRST: AUTHORIZING said Town to purchase a tub grinder for use by said Town and STATING the estimated maximum cost thereof is $2~6,100; APPROPRIATING $256,100 to pay said cost; STATING the plan of financing includes the issuance of $256,100 serial bonds of the Town, and the levy and collection of taxes upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; AUGUST 24, 1993 303 SECOND: AUTHORIZING the issuance of $256,100 serial bonds of the Town pursuan5 to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is seven (7) years; the proceeds of the bonds may be used to reimburse the Town for expenditures made after the effective date hereof for the purpose for which said bonds are authorized; and the proposed maturity of said $256,100 serial bonds may exceed five (5) years; FOURTH: DETERMINING that said bonds'and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the~renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a pezmissive referendum. DATED: August 24, 1993 Judith T. Terry Town Clerk Section 2. After said bond resolution shall take effect, the Town Clerk is hereby directed to cause said bond resolution to be published, in full, in the newspaper referred to in Section 1 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated. Laws of the State -of'New York. Section 3...This resolution shall take effect i~m%ediately. 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. 15.YMoved by Councilman Wickham, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town .o.f Southold hereby requests the New York State Department of Transportation to conduct a traffic survey on New York State Route 25 in Orient, in the vicinity of Oysterponds School, for the purpose of r~ducing the ",0 mile per hour speed zone in the vicinity of the school, and the 45 mile per hour speed' zone for a distance of one-half mile east of the school, and the 55 mile per hour speed zone for a distance of one-half mile west of the school.: 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penn'),,-Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3 0 4 1993 16.-Moved by Councilman Penny, seconded by Supervisor Harris, it was RESOLVED that the Town of Southold Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to excute an extension of the lease agreement between St. Agnes Church and the Town of Southold for the use of St. Agnes Parish Hall for the Nutrition Program and Day Care Center for senior citizens; said extension from September 1, 1993 through September 30, 1993, at the current monthly rent of $2,500.00; all in accordance with the approval of the Town Attorney. 16.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was dec,ar'ed duly ADOPTED, ~ COUNCILMAN PENNY: Hopefully, this will be our last rental down there. SUPERVISOR HARRIS: Again, I'd like to thank Father Sullivan, and St. Agnes Church, for their understanding in this matter. 17.-Moved by Councilwoman Hussie, seconded by The Entire Town Board, it was RESOLVED that the Town Board of the Town of Southold hereby accepts, with re~ret, the resicjnation of Richard C. Hilar¥, Chairperson of the Southold Town Stewardship Task Force, effective immediately, and extend to Mr. Hilary their sincere thanks and appreciation for the time and expertise he devoted to this position for the past yea r. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Justice Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for improvements to the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, New York, in the form of discing, finish grading and seeding of two playing fields, all in accordance with the bid specifications. 18.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilwoman Hussie, seconded by Justice Edwards, it was RESOLVED that the To_wn Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for improvements to the Robert E. Tasker Memorial Park, Peconic Lane, Peconic, New York, for the installation of a lawn sprinkler system, all in accordance with the bid specifications. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Couhcilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. COUNCILMAN PENNY: I would just like to remind the public, that we're using Community Development Funds that we've gotten through a HUD grant for this project. This is not being paid for with taxpayers' money. Thank you. 20.-Moved by Councilman Wickham, seconded by Justice Edwards, it was .RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this. unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Pipes Neck Road Drainage Project: Iqstallation of a catch basin, a leaching basin and 290 ft. of corrugated pipe to prevent road run-off from entering Pipes Neck Creek, Greenport. The project has been determined not to have a significant effect on the environment because an environmental assessment 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. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. ^uous - 2., 1993 3 0 5 21 .-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town. Board of the Town of Southold hereby appoints Amy Villano Miller as a Day Care Aide, effective September 1, 1993, 15 hours per week, $5.50 per hour. 21.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 22.-Moved by Justice Edwards, seconded I~y Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 1993 Budget modification to the General Fund - Part Town to cover legal fees relating to the Zahra lawsuit: To.' B1420.4 Town Attorney, Contractual Expenses $ 9,505.39 From: B9015.8 Police & Fire Retirement, Benefits $ 9,505.39 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Wickham, seconded by Counciiwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the following budget modification to the General Fund - Whole Town 1993 Bud~Tet to cover anticipated payrolls of lifeguards and playground instructors through the end of. the season. To: A7180.1 A7320.1 From: A7320.4 A9710.7 Beaches, Personal Services Joint Youth PrOject, Personal Services $ 10,000.00 2,000.00 Joint Youth Project, Contractual Expenses $ 5,000.00 Serial Bonds, Interest 7.,000.00 23.-Vote of the Town Board: Ayes:- Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Justice Edwards, seconded b'y Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerl~ to advertise for bids for the work required to remove a portion of the material buried at. the Fishers Island Metal Dump, all in accordance with the bids specifications. COUNCILMAN PENNY: I would like to commend Councilwoman Hussie for her endeavors on this behalf. She made a promise to the people on Fishers Island at the annual meeting, and she has gone out of her way, and even made a special trip. to the Island to fulfill this. JUSTICE EDWARDS: I'm starting to steal Alice's thunder by reading the resolu- tion, and I appreciate her flying over with Jim, and looking over this eyesore, and thank the Town Board for getting involved in it. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that the Town BoaFd of the Town .o.f Southold hereby authorizes the reinstatement of the Landfill Tippin~ Fee charge privileges of Paul Michalecko (business name: Twin Fork Tire). 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, :Supervisor Harris. This resolution was declared duly ADOPTED. 3 0 6 ,993 26.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James H. Pim a member of the Southold Town Land Preservation Committee, effective immediately to July 3, 1995. 26.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 27.-Moved by Councilman Penny, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 27th day of July, 1993, Local Law No. 18 - 1993, "A Local Law in Relation to Yard Sale: Permits"; and WHEREAS, a public hearing was held on the aforesaid Local Law on the 24th day of August, 1993, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board hereby enacts Local Law No. 18 - 1993, which reads as follows: A Local Law in Relation to Yard Sale Permits BE IT ENACTED, by the Town Baord of the Town of Southold a§ follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby a~0ended to read as follows: 1. Section 100-31(C)(10)(d) (Use Regulations) is hereby amended to read as follows: (d) A permit is obtained therefor from th~ ~sl~e~o~ Town Clerk upon the payment of a fee of fifteen dollars ($15.). 2. Section I00-31(C)(10) is amended by adding a new subsection (e) to read as follows: (e} The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street, and removed before sundown on the day of the sale. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) ** Underscore represents addition(s) 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I would like publicly, at this time,thank the Town Clerk Judy Terry, and her staff for the efficient way in which she's taken on the chore of yard permits. It was very professional, and people who have been dealing with the Town Clerk's Office have been more than satisfied with the tremendous service that has been given to them, and with the new yard permit, which was been issued 'which is a very strong color, which will now allow people to see those who are legal, and those who are not legal in the future,-so thank you. Resolution #28, a "Local Law in Relation to Garbage, Rubbish and Refuse" is being held. Are there any members of the audience, that would like to address this Board on any matter, which you feel may be important that you have not had the opportunity to speak before? At this time, it's your opportunity before I entertain a motion to adjourn. The hour is late. · WILLIAM MANN: My name is William Mann. I live in Cutchogue. I have a couple of questions, that I would like to ask the Town Board. First of all, Town Board, Mr. Wickham had stated on Tuesday last that members of this Board, influenced Town Building Inspectors, and members of other Boards. I have a high regard for the Town Building Inspectors, as friends, and teachers of my children. Is this true, and in what are you influencing them, and what other Boards, Planning, Zoning, Trustees, what? I, myself, and others voted you into office in 1989, Mr. Wickhm, as my Councilman. I ask you to clarify your statements, and specify what Boards. I will not stand down until you answer. COUNCILMAN WICKHAM: Could you repeat the question? WILLIAM MANN: The questior~ is, in regards to influencing, the Town Board's influencing Building Inspectors, and members of other Board's, could you clarify to me exactly what the Boards are, or Building Inspectors, why they are being influenced, and how they're being influenced.~ AUOUST 2., 1993 3 0 7 COUNCILMAN WICKHAM: They' re being influenced through telephone calls, and personel pressures from various Town Board members, with direct pressures through telephone calls, through efforts on the members of certain members of this Board to influence decisions emanating from those offices. WILLIAM MANN: I find that untrue, because I spoke both to our B'uilding Inspector, and they informed me that they had no idea, that you fabricated to the newspapers, and I'd like to ask you to respond. What are the Boards? Specify the other Boards. COUNCILMAN WlCKHAM: Efforts have h~ made by certain members of the Town Board to influence decisions, and appointments, etc. on other Boards. I'm not going to, tonight, level .specific charges against specific people, but we all know that that's happening. WILLIAM MANN: It's a very broad and general statement, just to saying that the people of the Southold Town Board are influencing Building Inspectors. COUNCILMAN WICKHAM; And there are many people in the town, who feel that the Town Board should be influencing them to an even greater extent. WILLIAM MANN: That's not the question. SUPERVISOR HARRIS: Mr. Mann, I think Councilman Wickham has answered you to the best of his ability at this time. If you would like to pursue this conversation after the meeting I'm sure he's be glad to, if he has the time to go into detail. COUNCILMAN WICKHAM: Yes, I would. SUPERVISOR HARRIS: Anybody else at this time? ALFONSE MARASEL: My name is Alfonse Marasel. Orient. Point. Reading seventeen on Local Law, dated 20th of October, 1992, I came to the Town Board around that time, and questioned about this deletion of business, whatever. This being..l'm talking about the noise, the bird guns at the farms, particularly the farm next to us. This reads carnivals, circuses, and related activities, that's now permitted, The farmer he sends out these bird guns, and that makes quite a bit more noise. That's not a carnival next to me. A circus, there's no clowns there, and no men or people being shot out of a cannon. Anyway, what do we do about this? 1 questioned, but we're entitled to our tranquility. What's going to be done at this time? Yesterday I spoke to him. (Tape change.) Now, I'd like to know if there's any farmers here to justify this lack of .. -SUPERVISOR HARRIS: Mr. VanBourgondien, I will recognize you in one 'minute. As soon as this gentleman is through with the questions, I will have you come up and respond to this gentleman's question. Thank you for the questions, I'll have this gentleman come up, if that's all you have at this time. ALFONSE MARASEL: He told me he would discontinue it, but he didn't discontJue it. He didn't do it for a couple of years. SUPERVISOR HARRIS: Sir, Assistant Town Attorney Matt Kiernan would like to say a few words. ASSISTANT TOWN ATTORNEY KIERNAN: Sir.; if I could just respond to some of your comments, before Mr. Bourgondien takes the stand. I know Mr. Bourgondien is a farmer, and he may be somewhat more educated about these things than I am, but we do have a section of the Town Code, that you could complain to our Building Department about. There's a section, I believe it's Section 100-237., which speaks about excess noise bothering you as a neighbor. The proper form is to request that the Building Inspector investigate the complaint, and see where he go on it. Of course, we always have the problem of providing some type of proof to the court should we decide that a violation of our Zoning Code exists. We don't have any type of measuring devices. We might have to only rely on your testimony as the complaining neighbor in that kind of situation. You also have to be aware that farming enjoys a somewhat protected stance in Southold, and the County of SuffQIk. There are Farmer's Bill of Rights that allow them to operate, and to operate as a farm, quite honestly, and they're protected in some regards, so you may have a legitimate complaint, but your first step is not here to the Town Board, but to the Building Inspector, who is the initial enforcing agent of the Town, and wilt address your problem in the first instance. ALFONSE MARASEL: I've done that before. I was told, I went throughthe wrong procedure. ASSISTANT TOWN ATTORNEY KIERNAN: And what was the response? ALFONSE MARASEL: Vinnie Wieczorek. He told me just what you said, to go to the Police and make a complaint, make a form, and make a complaint to his office, which I did, and it was completely ignored. I never heard about it anymore. ASSISTANT TOWN ATTORNEY KIERNAN: I would suggest, if you like, I could call them up at the Buildin9 Department tomorrow, and find out what the status of your complaint is, and let you know where that stands. I may ask that you come back to Town Hall, again, in the morning, and reaffirm your complaint to the Building Inspectors there, and we'll take it from that point. ALFONSE MARASEL: That's tomorrow? ASSISTANT TOWN ATTORNEY KIERNAN: Tomorrow morning, ariy time after eight o'clock, Thursday, or Friday we're here as well. I'm not promising you that the Town is going to be able to help you in this situation, but we certainly will take your complaint, and try to put you in the right direction. Please, know that if you don't get satisfaction here in town, that you have the right to go to Supreme Court in Rive. rhead, and fi.le an action there to protect your rights as a property owner. But, let's take first things first. We'll follow through with the Building Department investigation to determine the status, and we'll take it from there. ALFONSE MARASEL: I feel no reason that we have to do that. Nobody else is doing it. It's a big :.¢o.r. nfield, and he complains about the corn being eaten up by birds. Now, there's a big cornfield on Narrow River Road. There's a big cornfield on Shipyard Lane in East Marion, or Greenport, wherever that is. SUPERVISOR HARRIS: Sir, you mentioned Mr. Terry a few minutes ago in your dialogue? I've just been informed that Mr. Terry has forwarded to the Town Board a statement, which will be read into the record in reference to the matter, which you just brought up. You said he thought he wasn't going to be here, apparently he has sent a letter in, in his stead. So, at this time, I'll have the Town Clerk read the letter into the record in reference to the statement, that you made earlier in reference to whether he could be here or not, and Judy could you? TOWN CLERK TERRY: This is Fred Terry Farms, 35870 Main Road, Orient. It's to the Town Board. To' who it may concern. My name is Fred Terry. I'm a farmer in Orient. I have farmed there since I was in high school. We have one of the oldest farms in New York State. Last night while I was working in my yard one'of my neighbors,-Mr. Marasel, stopped by, and told me I should attend the Town Board meeting because of the bird cannon I use. However, on Tuesdays I run a farmer market in New York City, where I sell my produce. We usually do not get home until 9:30 or so, therefore making it impossible for me to attend this meeting. However, I would like to say a few things in my behalf. First is,. that this bird cannon is approximately two miles from Mr. Marasel's home. When I asked him how this muffled sound could bother him, he told me it wasn't the loud noise. It was the continuous repetition of the gun, the repetitiveness. This is in hand- .writing. It's a little hard to read. I would also like to say that I have other neighbors much closer to the device, that he is, and they said it wasn't a problem. Because of rotation of crops this year, I had to plant corn right next to Mr. Marasel's house, however, because of past history of th~ problem I never once used the device in that field. I tried some sort of balloons, scare away balloons, and other repellants, all to no avail. I lost probably half of the corn due to bird damage. He said the bir~Jl problem wasn't his concern, and I wonder how he wou d feel if some kind of pest came in, and ruined all his shrubs and grass, and all the other things in his yard that he values. Farming was here before he arrived, and all the noise caused by farming. Next the early sound of tractor motors will bother him. If he is so concerned with total quiet why not move to another place, where he can be happy instead of trying to change an industry, that has been here for some two hundred years. Also, if he has a better way to keep the birds out that's quiet I'll be the first one to use that method. Sincerely, Fred Terry. ALFONSE MARASEL: He's not telling the whole story. These birds have been here since the beginning of time. We bought this place, and after five years he started this thing. That's not telling about farming. He didn't use it before. Other farmers aren't using it. He's just making excuses. Why didn't he send his father here to talk~. The last time his father came after we were gone, then he was weeping and wailing all the loses that he sustained. What about our losses? Our property is not worth the value, that it was. It's not true value now. He doesn't care. He says I don't care about him, but does he care about any of us? I have a list of people who signed against that nonsense. SUPERVISOR HARRIS: I think that the Town Attorney has addressed the recourse of this, and I'm sure that he'll follow through if you'll co~tact, and follow what he has asked. He'll certainly look into that for you. ALFONSE MARASEL: I'll be here tomorrow morning. Thank you. ASSISTANT TOWN ATTORNEY KIERNAN: I might be in at five after eight though considering the lateness of this meeting. SUPERVISOR HARRIS: Thank you. Mr. VanBourgendien. ROBERT VANBQURGENDIEN: I just want to make one short comment. Robert VanBourgendien. Mr. Terry summed up pretty much what I was going to say, and I just wanted to add that reasonable people come to reasonable solutions. I think if you sat down, and talked to the gent'leman being reasonable about it, that you could come to some kind of compromise. ALFONSE MARASEL: He is not reasonable. SUPERVISOR HARRIS: Mr. VanBourgendien, I'm going to have to ask you to address the Board. ROBERT VANBOURGENDIEN: Okay. I really think that's the key issue here, is reasonable people coming to reasonable solutions. SUPERVISOR HARRIS: Thank you. ALFONSE MARASEL: I was agreeable to that, but he has indicated that he's just not..I can't trust him. I'll try again. SUPERVISOR HARRIS: Thank you for that. Yes, sir? PHIL VANBOURGENDIEN: My name is Phil VanBourgendien. That was not my .son. He's my nephew, but I consider him just like a son. He's a wonderful man. Just to keep the record. I would like to just address the Board a minute on this yard waste situation, and I noticed or read recently that you are not going to get involved at this time ~vith Smithtown, Huntington, and I applaud you for that. As I said before earlier in the evening, I spent some time in Smithtown, and they pick up yard waste twice a month, anything and everything, branches, trees, anything you put stumps, anything out there'. I can just imagine all of that coming down here on a weekly basis, if ~,ou get involved. So, I urge you don't get involved in taking their yard waste, because you'll be inundated with it twelve months of the 'year, not just after storms. I would like to, also, ask you to consider every avenue of finding a place to go with your garbage. I am going to give you, and I wish you would have it photocopied, and given to .t.he Task Force as well, a long story published on the front page of the Wall Street Journal of August 11th. All of it has to do with burning, and incinerating, incinerating to electricity, and it applies all over the country. Most of these incinerators, that have been built, all of the incinerators that have been built, were built oversized in anticipation of a huge stream of garbage. In came recycling, and now they're begging for garbage to generate electricity, and so, there are many, many, all over the country there are many, many of these incinerators, that are looking to buy. They are buying garbage from out of state all over the south, New Jersey, Pennsylvania. They're buying it from out of state just to keep their incinerators going, and they are buying it, I shouldn't say buying it, they are taking it in at a price that is lower than they are charging their own taxpayers. So, I request respectfully, that you pursue every avenue of incinerators in Nassau, Suffolk County. A couple of years ago that Town of Babylon was looking for garbage. SUPERVISOR HARRIS: Not anymore. Mr. VanBourgendien~ in reference to that the Town of Babylon is now giving garbage to other areas, because it can't hold the capacity that is coming into it's township. In reference, if I may, I don't know if you're finished. I don't mean to interupt you. Huntington, Smithown, the price that was quoted to us~ and again, we're exploring all options. We certainly want to get the best possible package for the people of Southold. We're looking for long term, though, not just short termr and Huntington-Smithtown, it's costing them more money per ton, than it is for the gate fee that they're charging us. That's an absolute truth. What you're saying is absolutely the truth, and that's not only there. PHIL VANBOURGONDIEN: They're charging you? SUPERVISOR HARRIS: Less money, than what they're charging their own taxpayers. That's absolutely the truth. PHIL VANBOURGONDIEN: You just made a statement, you're Ioo'king for long term. I per.sonally think that's a mistake. I think you can get a good deal short term, as good a deal short term, as you can get long term,~ because they want the material, and this garbage~bu~iness is changing so rapidly, and you'll see it if you would read this article through, that there are so many changes coming, that in two years down the line you might wish you had never signed a long term thing. SUPERVISOR HARRIS: Long term to me is not twenty years. Long term to 'me is five or six years. Short term to me is signing up for a year or something like this. That's short term. That's what I'm talking about when I say long term. I'm not talking about fifteen, or twenty years. Nobody would sign contracts like that today, not with as you said the prices and the markets the way they're changing so rapidly. PHIL VANBOURGONDIEN: That's why I would suggest, personally, nothing over two years, because in two years you're going to see big changes. TOWN CLERK TERRY: SUPERVISOR HARRIS: address that. COUNCILMAN PENNY: You give that to me, and I'll be sure they get a copy. Mr. VanBourgondien, Councilman Penny would like to If I might, I think one way to address this is, the Town Board today did discuss long term and short term bids going out to pursue every possible avenuet and I think one of the options, that may be put into this bid package is a one year rate, a two year rate, a three year rate, a four year rate, or a five year rater so that the option is there, because I think you're going to find that if you go out to five years you're probably going to get the best rate right up front. You may get that rate guaranteed for five years, because they are so desperate. If you go to a one year rate they're probably going to charge you a little bit more, because they don't have the guarantee of your continuing with the garbage~ and it may be different, but fundamentally what the Town Board dealt with today is the fact that we are going to Tony Connetti from Dvirka and Bartilucci, and we're going to ask him what is going to be the cost of putting out .bid packages to cover all of the options of disposal of our waste. The one thing that we have had, and as you have addressed this, that has been in our favor, is that four years ago,when we talked about disposing of garbage here, long term trucking was costing 3120.00 a ton. Long term' trucking today now I understand the figures are down to $65.00 a ton. The cost of incineration was up in the $90.00 to $115.00 a ton, or $75.00 to $90.00. Now, that cost has fallen dramatically. No matter where we go we find that by holding out, as you have suggested, and being very cautious, and keeping our cards close to our chest, and kind of playing poker with this entire situation, we've saved millions of dollars, and we would hope to continue with that very cautious, very conservative approach to solid waste, because no matter how you dispose of the solid waste it always relates to one thing. The ultimate cost is taxpayers' dollars. Whether you incinerate it, whether you compost it, whether you long term truck it, whether you short haul truck it, no matter what you do with it, the relative figure that we have to deal with on this end is the taxpayers' dollars, and that is the price that is going to be reflected in the bag pricer that people are going to be paying, and the tipping fee, because the Town is not looking to make money on this proposal, just to pass on the cost to the taxpayers. So, everybody is trying, the homeowners are trying through recycling~ and now they have an even greater incentive, which you saw tonight was endorsed for the third public meeting that we've had, which is the cautious approach to this AUGUST 24, 1993 311 thing. The people are saying to us, we don't want to pay for garbage that we don't generate, and if we recycle, and if we keep our garbage down, we want that to reflect on the cost to us as taxpayers, and that's what we're looking for on the other end, too, when we go to bid to have the cost of these options, because it may cost us a million dollars a year. It may only cost us $900,000.00 a year..[t may cost us $750,000.00 a year, but until we get those bids we can't say exactly what those cost are. SUPERVISOR HARRIS: ALFONSE MARASEL: TOWN CLERK TERRY: Thank you. Mrs. Terry, could I have a copy of t-l~at letter? Yes. SUPERVISOR HARRIS: Anyone else at this time, who would like to address the Town Board? F. M. FLYNN: My name is F.M. Flynn, a resident of Southold, and also a resident of the East-West portion of the Greenport Fire Department, and I presume this notation here a Firemen's Service Award pertains to the allocation of the retirement service award b~nefits. SUPERVISOR HARRIS: Tomorrow night, Mr. Flynn, we have a public hearing on that at 7:00 o'clock, a public informational meeting, right here. F. M. FLYNN: Does this not refer to that? SUPERVISOR HARRIS: No, it's tomorrow night. TOWN CLERK TERRY: Is this on the agenda? F, M. FLYNN: It's for discussion. Yes. - SUPERVISOR HARRIS: tomorrow night. I thought you meant when was it? It is scheduled for F. M. FLYNN: I understood that it was for discussion this evening. TOWN CLERK TERRY: That was during our wo'rk session. COUNCILMAN PENNY: .It was put on the agenda today, because we had received a proposal to open the contract from the Village of Greenport, and we had decided · today that until we get further on with the process, that we were not 9oin9 to 9et involved at this time with openin9 the contract. The public meeting on this issue is tomorrow night._ The public is welcome to participate in that. There will be a consensus that is taken, or is asked for from the community. The Town Board will then make a decision, as we are Commissioners of that district. At that point we will pass on our decision to the Village of Greenport. The Village of Greenport then has to put that proposition up before it's voters, and so it is a. rather lengthY process, so we did not get into it today. 'F; M. FLYNN: That's specifically what I want to address was the proposition, so I'll be here tomorrow, and discuss that. SUPERVISOR HARRIS: Very good. Thank You, Mr. Flynn. Is there anybody else at this time? I'll entertain a motion to adjourn. It's 11:00 o'clock, and in closing tonight I'd like .to ask the .members of the audience, as well as the Town Board, for a prayer for our Town Trustee John Bredenleyer, III. Mr. Bre.demeyer is seriously ill, and he is hospitalized, and we certainly wish him all God's speed in recovery. So, if we could have a moment of silences for prayer for his speedy recovery~ it would be appreciated at this time. Thank you. A motion to adjoura. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting be and hereby adjourned at 11:00 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Wickham, Councilman Penny, Justice'Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. Judith T.- Terry~__~ Southold Town Clerk