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HomeMy WebLinkAboutTB-09/10/1993-S333 SOUTHOLD TOWN BOARD SPECIAL MEETING SEPTEMBER 10. 1993 Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie. Also present: Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry, Superintendent of Highways Raymond I_. Jacobs, Solid Waste Coordinator James Bunchuck, Engineering Consultant Tony Conetta, Dvirka & Bartilucci, Special Counsel Frank A. Isler. 1:40 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board enter into .Executive Session. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Lizewski, Councilwoman Hussie.--AII of~ the above named individuals were present during this Executive Session.---Special Counsel Frank A. Isler met with the Town Board to explain Justice Werner's decision in the Article 78 proceeding brought by the Town against the NYS-DEC, seeking to annul and set aside the respective Decision and Order of the DEC which directed the Town to close the landfill within ninety days and to prepare an approvable plan for the close of the landfill within ten (10) days. One of the Town Board's decisions at the conclusion of this Executive Session, was 'to authorize Mr. lsler to file a Notice of Appeal from that decision (see resolution no. 6)which dismissed the Town's Article 78 proceedings.---Also discussed was the Board's wish to have Mr. Isler continue to negotiate with the DEC with regard to fines which may be imposed with regard to the Town's .alleged violations of the NYS Conservation Law and Long Island Landfill Law (see resolution no. 7). 2:55 P.M. - On motion of Councilwoman Hussie, seconded by Councilman Penny, it was Resolved that the Town Board continue in Executive Session to discuss personnel. Vote of the Board: Ayes: Supervisor Harris, Justice Edwards, Counci.lman Penny, Councilman l-izewski, Councilwoman Hussie.---Councilwoman Hussie explained .that the Marjorie Phillips, who was ::appointed on September 8th as a part-time Clerk Typist for the Building Department, declined the position. The Board then agreed to the appointment of Susan Hallock, who performed typing services for the Board of A~s~essment Review this year (see resolutions 1 & 2). WORK SESSION Present: Supervisor .Scott L. Harris, Justice Raymond W. Edwards, Councilman George L. Penny IV, Councilman Thomas H. Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith T. Terry, Assistant Town Attorney Matthew G. Kiernan, Solid Waste Coordinator James Bunchuck, Tony Conetta, Engineering Consultant, Dvirka & Bartilucci. 3:10 P.M. - Discussion Items: (1) Authorize Special Counsel Isler to file Notice of Appeal on Landfill Article 78 (see resolution no. 6). (2) Honor EPA deadline of October 9th to cease landfillingo Board agreed that if an extension 'is not granted, · October 9th would be the last day for landfilling. The question was raised about C&D and Mr. Conetta advised that if C&D is landfilled it would not be in compliance with the EPA. He will look into the question further with the DEC. Yardwaste? Mr. Conetta advised that the Town cannot landfill yardwaste, but they can continue to process it. Back to the question of C&D, Mr. Conetta said he DEC may allow 3 3 4 SEPTEMBE, 10, 1993 some C&D to be used for close and capping, as well as sand and sod. (3) "Local Law in Relation to Garbage, Rubbish and Refuse" which puts the Town Garbage Bags in place. Supervisor Harris said he would like to see the question go to a referendum on whether the voters would like to use the bags, or have the cost of trucking and disposing of garbage put into their tax bill. Justice Edwards questioned whether the cost of the tub grinder would be assessed to Fishers Island, and he was advised it is strictly a mainland charge. (4) Discussion regarding the purchase of town garbage bags, and cost for same. Councilwoman Hussie asked that the resolution setting the cost be held until September 21st to give her additional time to find the lowest prices. However, it was agreed to authorize an expenditure up to $7,000 for the purChase of an initial supply (see resolution no. 5). The Board at the same time agreed to enact the Local Law putting the garbage bag law in place (resolution no. 3), but directed the Town Clerk to withhold mailing it until October 1st so it wou~d become effective on October 9th (resolution no. 4). (5) Short term trucking of solid waste was next on the agenda for discussion. Solid Waste Coordinator Bunchuck advised the Board that they have two trailers at the landfill~ and in an emergency could begin trucking themselves, and i~ the meantime could solicit prices from vendors. Councilman Wickham said he wouid 'ike to see the Town advertise for bids, even for the short term, even though he knows they would not be ready by October 9th. Tony Conetta said the Tow~ should look at a six to nine month period for the short term, with possibly a three month extension. A detailed bid must be prepared for long-term trucking. As far as destination, it was agreed that under emergency circumstances it should be the Huntington facility, which is duly permitted. (6) Bids will be prepared by Tony Conetta for long term trucking as discussed earlier. (7) Yardwaste for future. The Board agreed to secure a yard- waste compost permit for the Landfill. Tony Conetta will be preparing a permit application to the DEC. (8) Tony Conetta advised the Board he has just completed the engineering design, drawings and permit application for the DEC. 5:18 P.M. - Work Session adjourned. SOUTHOLD TOWN BOARD SPECIAL MEETING SEPTEMBER 10, 1993 A Special Meeting of the Southold Town Board was held on 5:20 P.M., Friday, September 10, 1993, at the Southold Town Hall, Main Road, Southold, New York. All Town Board members signed a Waiver of Notice of Town Board meeting. Present: Supervisor Scott L. Harris Justice Raymond W. Edwards .Councilman George Lo Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Assistant Town Attorney Matthew G. Kiernan SUPERVISOR HARRIS: This is calling a'Special Town Board meeting on September 10, 1993, at 5:20 P.M., in reference .to a number of matters, the first one being a personel matter. 1.-Moved'by Supervisor Harris, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds their resolution no. 25, adopted on September 8, 1993, appointing Marjorie Philips as a part-time Clerk Typist for the Building Department. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 2.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Susan L. Hallock as a part-time Clerk Typist fo~- the Building Department, effective immediately,~ 17-1/2 hours per week, $6.50 per hour. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilwoman Hussie, seconded by Councilman Penny, WHEREAS, there was presented to the Town Board of the Town of Southold, on the 10th day of August, 1993, a Local Law No. 20 - 1993 entitled, "A Local Law in Relation to Garbage, Rubbish and Refuse"; 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. 20 - 1993, which reads as follows: LOCAL /AW NO. 20 - 1993 A Local Law in Relation to Garbage, Rubbish and Refuse BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 48 (Garbage, Rubbish and Refuse) is hereby amended to read as follows: Section 48-1 (Definitions) is hereby amended to read as follows: REFUSE - cesspoo+ an~ se~ ~-se~ ga~ pa~-ash~- ~nk-~m~h7 P~,- ~o~ ~ ~ co~ d~c~ed-~~ or par~s ~hereof~ d~c~ed-v~c~ or or s~amd~ng-ou~m~e an-enc~o~ ~ ~ an-~perat~ con~ for*~than-th~ (Be) da~.- Refuse shall have the same meaning as "nonrecyclable waste." "Refuse" shall not include cans, glass, plastics or newspaper, as further defined herein. 48-1 (Definitions) is hereby amended by adding thereto the following new definitions: ILLEGAL DUMPING - The deposit' by any person of garbage, rubbish, refuse or waste in any public place within the Town of Southold~ including its inland waters, other than in con- tanners designated for that purpose. NONRECYCLABLE WASTE - The end product of solid waste remaining after the extraction of recyclable materials,- hazardous waste, construction and demolition, debris and land- clearing debris. "Nonrecyclable waste" results primarily from the handling, preparation and storage of food and includes but is not limited to ~putrescible solid waste such as animal and vegetable waste. TOWN GARBAGE BAG - A distinctively labeled plastic bag of such size and design as shall be determined by the Town Board, to bp used for the disposal of nonrecyclable waste 48-2 (Dumping prohibited generally) is hereby amended by adding a new subsection (C) to read as follows: C. Nonrecyclable waste and Town garbage bags 1. Nonrecyclable waste shall be deposited only at designated areas within the Town disposal area. 2. Town garbage bags shall be available at designated areas in the Town. The size and design of the Town garbage bac~ shall be determined by resolution 'of the Town Board, The fee for each size of'the Town garbage bag shall be determined by resolution of the Town Board 5. No person shall: (a) Duplicate or imitate a Town garbage bag. (b) Give, sell or issue in any manner a duplicated or imitated Town garbage bag. 48-3.A.(1) (Residential self-haulers and commercial self-haulers) is hereby amended by adding a new subsection (f) to read as follows: (f) Nonrecyclable waste. Residential self-haulers - nonrecyc!able waste generated by residential self-haulers shall b,:~ disposed of only in a Town garbage bag as defined herein and deposited only at designated areas within the Town disposal area. (2) Commercial self-haulers - nonrecyclable waste generated by commercial self-haulers may be either: .(a) Disposed of in a Town 9arba9e bag and deposited at designated areas within the 'Town disposal area; or (b) disposed of at the designated areas within the Town disposal area upon paying the appropriate charge as set by Town Board resolution for the weic~ht of nonrecyctable waste deposited. ~,8-3.A. (2) (Private residential refuse haulers/carters) is hereby amended by adding a new subsection (e) to read as follows: (e) Nonrecyclable waste. (1) The owners or occupants of all residences within the Town who utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place nonrecyclable waste in Town garbage bags for collection on such day or days as the licensee serving such residents shall designate. (2) It shall be unlawful for any person ~to-place out for collection any nonrec¥clable waste which is not in a Town 9arba9e bag. It shall be unlawful for any person to collect nonrec¥clable waste from a residence which is not in a Town _garbage bag. (3) Nonrecyclable waste in Town garbage bags collected by private residential refuse haulers/carters and trans- ported to-the landfill/collection center shall be deposited only in areas designated by appropriate landfill personnel. I1. This Local Law shall take effect upon its filing with the Secretary of State. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 4.-Moved by Councilwoman Hussie, seconded,by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to withhold mailinc, t Local Law No. 20 - 1993, "A Local Law in Relation to Garbage, Rubbish and Refuse", to the Secretary of State until October 1, 1993. 4.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. AMENDED 10/5/93 Resol. #22 5.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes an expenditure, not to exceed $7,000.00, for the purchase of the necessary plastic garbage bags to be used for the disposal of nonrecyclable waste; and be it FURTHER RESOLVED the size of the plastic garbage bags shall be as follows: 15 gallon - 24" x 24" - 12 micron 33 gallon - 30" x 37" 19 micron 40 gallon - 40" x 48~' - 24 micron 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: The referendum will be on for the 21st meeting, September 21st meeting. We've already basically confirmed we will place it on the ballot in November, but Matt will have ready the resolutiOn in the form it's needed for us to pass. COUNCILMAN WICKHAM: What about our decision about the Notice of Appeal? SUPERVISOR HARRIS: We can do that now. ASSISTANT TOWN ATTORNEY KIERNAN: It's not necessary to do a resolution. COUNCILMAN PENNY: He said he wanted a resolution, I believe. ASSISTANT TOWN ATTORNEY KIERNAN: He mentioned a resolution authorizing to continue negotiations. 6.-Moved by Supervisor Harris, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Special Counsel Frank A. Isler to file Notice of Appeal from Justice Mary M. Werner's decision in the Article 78 proceeding brought by the Town of Southold v. The Department of Environmental Conservation of the State of New York, seeking to annul and set aside the respective Decision and Order of the Department of Environmental Conservation which directs the Town to close the landfill within ninety (90) days and to prepare an approvable plan for the close of the landfill within ten (10) days. 6.-Vote of the Town Board: Ayes: Councilwoman Hussier Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared-duly ADOPTED. 7.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was' RESOLVED that the Town Board'~f the Town of Southold hereby authorizes and directs Special Counsel Frank A. Isler to continue nec~otiations with the New York State Department of EnVirohmental' Conservation with regard to the Town of Southold's alleged violations of'.the 'New Yor'k State Env'iron'mental Conservation Law and the Long Island Landfill Law. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Cour/cilmaw-Penny, 'Justice Edwards;"suPervisor'Harris. This resolution was declared ~lUl¥ ADOPTED. 3 3 8 SE. E .ER ,0. SUPERVISOR HARRIS: If there's no other business, a motion to adjourn? We'll hold the motion to adjourn. Is there anybody in the audience, that would like to speak to the Board? ED SIEGMANN: First of all, I'd like to know~if you made a decision of the Ken Reeves case? SUPERVISOR HARRIS: I don't remember what happened. Someone is going to have to refresh my memory. ASSISTANT TOWN ATTORNEY KIERNAN: Mr. Siegmann, we spoke about that in Executive Session the other day. The Board's decision was to request some addi- tional time from the PERI3 Board in which to make our final decision on whether or not to appeal. We haven't come to a final decision on that issue yet. We want to explore possibilities with Mr.- Reeves' counsel at this point. ED SIEGMANN: If something happens that you don't get that referendum on the ballot, if something happens with timing or whatever' you may do, I want to let you know that the Seniors are very much in favor of doing it by the bag, and not having it put on their taxes. But, if you're able to get the referendum on, I would be very happy if~could, but I make another suggestion to you, that you ought .to have another referendum. There ought to be a referendum on whether the people want to spend their tax money for purchasing Robins Island. I read so many pieces in the paper where politicians are saying, everybody wants Robins Island, everybody wants Robins Island. Seventy percent of the people, that I talk to do not want to spend the money to purchase Robins Island. They would sooner have the 22 houses built over there,, and have the rest of the island turned over to the County,"if that's possible. So, I think in all fairness if you really want to get answers, like you do on the referendum, that you want to have on the garbage situation, then have a referendum, also, on Robins Island. SUPERVISOR HARRIS: What would the wording be, Ed, if I can ask? The wording would be to have taxpayers of Suffolk County purchase Robins Island? ED SIEGMANN: Whether they think taxpayers' money should be used to purchase Robins Island, or whether the County should go ahead with the agreement that they made to build 22 houses over there, and turn the rest of the property over to the County. SUPERVISOR HARRIS: We certainly can look into that matter. ED SIEGMANN: Yes, please. ASSISTANT TOWN ATTORNEY KIERNAN: I'll look into whether we can put it o-~~ Town ballot a referendum to decide an issue, which is really Countywide, and not Townwide. ED S|EGMANN: Well, find out whether the people of Southold are... SUPERVISOR HARRIS: I don't know what the time frame is for that. TOWN CLERK TERRY: I don't think it's legal. ED SIEGMANN: It's been discussed before in reference to getting the garbage thing on the referendum. I figured if you can get that on, you could get the Robins Island on. ASSISTANT TOWN ATTORNEY KIERNAN: I'll look into it, Mr. Siegmann. SEPTEMBER ,0, 1993 3 3 9' SUPEVISOR HARRIS: We'll certainly take that suggestion under advisement. ED SIEGMANN: Let me ask you a question about garbage. If you did not have to ship your garbage from Southold to any place else, because yesterday I read that the likelihood is that it might go to Omni in Riverhead. If that were to happen and then you would be having your garbage composted in Riverhead, if you did it here, and did not have to pay for the shipping, is there any additional cost that it would cost the Town to do it here rather than ship it into Riverhead? JUSTICE EDWARDS: You've got 33% to 35% residue' to get rid of, and where do? SUPERVISOR HARRIS: Ed, yo~'lost me in the word compost. Are you talking about a municipal solid waste compost, yard waste compost? You have to elaborate. ED SIEGMANN: I'm talking about what they intend to build in Riverhead. SUPERVISOR HARRIS: That's .a municipal solid waste compost facility. ED SIEGMANN: I'm saying, if that existed in Southold instead of Riverhead, or it doesn't have to be instead of Riverhead, also in Southold, we would save the shipping costs I l~now. What additional costs would it cost us that we wouldn't be paying, if we're shipping to Riverhead? COUNCILWOMAN HUSSIE: Twenty-three million dollars. We ran this course in 1989, because you can not have the same kind of composting plant, as we're talking here about yard waste, for municipal waste. It's an entirely different situation. ED SIEGMANN: The proposal that was brought back, when the referendum was on the composting plant at that time, what type of a composting plant was that? COUNCILWOMAN HU$SIE: Similar to Omni. ED SIEGMANN: But that was supposed to be $9,000,000.00 wasn't it? COUNCILMAN PENNY: That was the cost of the initial plant. ED SIEGMANN: The initial plant? So, I'm asking a question now, if you had a plant like that here, let's say it did cost $9,000,000.00, would you save money in the long run by saving the shipping fee that you're going to have to pay forever and hereafter if we weren't shipping it out of Southold. COUNCILMAN PENNY: You want my opinion? Absolutely not. COUNCILWOMAN HUSSIE': Because the $9,000,000.00 is jUst the cost of building the plant. There's the bonding indebtedness, and there's the actual operation of it, too. ED SIEGMANN; Well, you're going to have to pay for the operation tO Omni, because you're going to have to pay a tipping fee to Omni, and the way I read in the paper Omni will do the tipping fee for Riverhead for $65.00 a ton, but they say they will not do that, not give that same price, to anybody shipping into Riverhead to do it, that the cost will be higher. So, the way I look at it, and I haven't changed my mind since four years ago, I said the same thing four years ago, that if you had the plant here, and if you charged $65.00 a ton, or if that plant charged $65.00 a ton to the people living in Southold, could Southold make some money on it by charging a tipping fee higher for somebody else that would come into here? The only reason I'm asking these questions, you talk about long haul, a contract for long range hauling, I would think that somebody ought to sit down with pencil and paper,, and figure out what I'm talking about rather than to get into too long of a hauling contract, because I don't care whether you're hauling into Riverhead, or you're hauling into Huntington, or where you're hauling, that place can always turn around, and tell you for some reason we can't take your garbage anymore, and you would be standing there at that point not knowing where to go with your garbage. SUPERVISOR HARRIS: Ed, if 1 may. Ed, I love you very much. You're a great guy, and I love these questions. I just have a couple of things to answer. First, the people in 1989 made the decision for us through the democratic process. Number two, as far as Omni goes, or any other municipal, inter-municipal agreement, if that's what you're referring to, that would be arranged let's say the Town of Southold, the contracts would protect the taxpayers. That's what contracts are for to protect the taxpayers, that would be agreed by these municipalities, ~so, municipalities couldn't decide you are. There would be a contract clause Jn there, which would protect the taxpayers in case in the event that it ever happened. That's really what the legal aspect of contracts would protect, and in this case the taxpayers of the township. ED SlEGMANN: I'm only concerned about it for one thing. I'm concerned about it for the same thing that I heard several people say here a half a dozen times today, that they're concerned about the money that the taxpayer has to pay. What I'm concerned a~out is saving as much money as you can for the taxpayer. SUPERVISOR HARRIS: Ed, I couldn't agree more. I have the exact same concern.' I've had that concern, since .! have been Supervisor of this town, as I'm sure every Board member that sits here, and the Board before that sat before, and the Board before, theylre concern was always, what was in the best interest of the people. But, the people made the decision on that issue in 1989. Omni is a private company, which decided to do it alone obviously, and is trying to solicite, obviously, municipal contracts, or any contracts, so that they can get bonding in order to proceed ahead, and build the facility. Hopefully, they'll be able to do that in a short time frame, especially if Huntington with Brookhaven Town awards them a bid, which Omni submitted for which was 300 tons a day. There may be a very good opportunity that Omni will be built within 18 months. COUNCILMAN WICKHAM: My only point on this, Ed, there are economies of scale, and I just think that Southold is so small, and the garbage regenerate is so little, that the fixed cost of putting up our own plant would exceed the costs of going outside, and tl~e nice thing about going out is, we can get the best contract, and we can let different places bid against each other to get the best possible price. ED SIEGMANN: The only thing I can say is once you go outside you're going out forever and hereafter, and you have a shipping fee forever and hereafter at that point. COUNCILMAN WICKHAM: If it got out of hand, we could reassess, and reconsider. ED SIEGMANN: Because that shipping fee doesn't mean that it has to stay the same all the time either. SUPERVISOR HARRIS: Okay, is there anybody else? RUTH OLIVA: Matt, could you just clarify_?. Ruth Oliva. When you go out for this referendum, how is that different from the advisory referendum? You're literally askin9 people to choose between taxes and by the ba9. Now to me that's an advisory referendum, and I know Bob Tasker always said.you can not have an advisory referendum. It's your job to make the decision, not someone else. ASSISTANT TOWN ATTORNEY KIERNAN: I think you're right, Ruth. It's going to be in the way that's going to have to be phrased. It's going to have to be, does the public want to keep by the bag situationt RUTH OLIVA: I think it would have to be done in some sort of monetary fashion. SUPERVISOR HARRIS: And I think it has be done in a context of a local law, that was already adopted. RUTH OLIVA: Because that's how they did it before with the bond, when they went out for the bonding it was a subject to permissive referendum, which we knew that they had to do it, so what we had to put on the record was a specific financial thing, but this an advisory referendum. ASSISTANT TOWN ATTORNEY KIERNAN: My first step, Ruth, into Judy's Office, and pull out the file on how they wrote that. is going to be march SEPTEMBER 10, 1993 341 SUPERVISOR HARRIS: Is there anything else? (No response.) Thank you for attending. HaVe a nice evening. Moved by Councilman Penny, seconded by Justice Edwards, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 5:40 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Justice Edwards, Supervisor Harris. This resolution was declared duly ADOPTED. 'Judith T. Terry ~ Southold Town Clerl~