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HomeMy WebLinkAboutTB-10/19/1993SOUTHOLD TOWN BOARD OCTOBER 19, 1993 WORK SESSION Present: Supervisor Scott L. Harris, Councilman George L. Penny IV, Councilman Thomas H.-Wickham, Councilman Joseph J. Lizewski, Councilwoman Alice J. Hussie, Town Clerk Judith T.. Terry, Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan. Absent: Justice Raymond W. Edwards. 9:15 A.M. - Conservation Advisor,/ Council member John J. Hac~ert¥ III met with the Town' Board .to recommend that the Town Board urge the Suffolk Department of Planning, Council on Environmental Quality, to seek a complete Environmental Impact Statement on proposed Suffolk County Legislature Introductory Resolution 1348-93, approving the settlement of Robins Island litigation. The Town Board concurred. Mr. Hagerty will be representing the CAC at a Council on Environmental Quality meeting on October 20, 1993 in Hauppauge. 9:20 A.M. Jodie Morc~an, Executive Director of North Fork Womens Resource Center, met with the Board to present a $7~400 budget request for proposed SoUthold Town Programs during 1994. Ms. Morgan outlined the numerous programs sponsored by the Center, Support groups, workshops, lectures, special events and seminars provided throughout the year. The North Fork Women's Resource Center was established by Ms. Morgan in 1991, and is a non-profit organization dedicated to providing services for all women,' regardless of race, creed, color, age, sexual orientation or physical disability. The Board assured Ms. Morgan that they would give serious consideration to her request during the budget review process. · 9:55 A.M. - For Discussion Items: (1) Bids received for clean-up and restoration of the metal· dump on. Fishers Island came in at ¢4,955.00 and $134,400.00. They were expected to be between $15,000 and $20,000. Councilwoman Hussie 'recommended that the bids be referred to the Landfill Committee, over the objections o.f Councilman Wickham who wanted the Solid Waste Task Force to evaluate them. The other members of the Board agreed with Councilwoman Hussie, and she will schedule a meeting in the near future. In the meantime, she recommended the bids be rejected (resolution no. 31), and authorization be given to the Town Clerk to readvertise (resolution no. 32) once the bids specifications have been revised. (2) As requested of Mark Wagner of Cameron Engineering at the October 5th work session, a proposed for engineering services was received from him to conduct an engineering evaluation for implementation of a sedimentation chamber for removal of large and heavy inert materials at the Scavenger Waste Treatment Plant. It was agreed the task should take no longer than 90 days, and telephone call was made to Mr. Wagner, who agreed, and a resolution (no. 28) was placed on the agenda to accept the proposal. (3) Memorandum from Senior Planner Valerie Scopaz requesting authorization to attend a NYS-DOT workshop for applicants for Transportation Enhancement funds. Board agreed (resolution no. 29), and included authorization for Director of Program Evaluation McMahon, and Engineering Inspector Richter. (4) Councilwoman Hussie recommended to the Board that the Lar, dfill Permit fee be reduced from $25.00 to $5.00. She would like to go over her figures further with Senior Accountant Cushman, and ther, report back to the Board. The new fee can be adopt.ed by resolution, and would be for the 1994 permits. 10:30 A.M. - The Board reviewed the resolutions to be voted on at the 7:30 P.M. regular meeting. 10:35 A.M. - Recess. 11:10 A.M. - Thomas Samuels, Chairman of the Stewardship Task Force, and members Michael Zweig, Ann Lowry, Joseph Ristucc~ia, Greg Palast, Helen Jones. and Victor Brown, met with the Board to make a presentation on their Draft Outline of Recommendations, "listing important steps to be taken to improve the landscape of the Town, and the quality of life of its residents. These ideas have been prepared after meetings with experts, advisory committees to the Town Board, chambers of commerce, leaders from the Village of Greenport, the North Fork Housing Alliance, and other civic groups whose work and interests helped them understand the issues." The Task Force is planning a Town-wide meetinq on November 18th to present their draft recommendations, and then they will meet-with their consultant, Joel Russell, and put together hamlet meetings to discuss how the recommendations affect the individual hamlets. --Mr. Samue!s advised that the Stewardship Task Force 1993 Official Citizens Survey is in the mail. They are concerned tha. t their mailing list might not have been comprehensive enough, therefore, they requested permission to place an ad in the papers (see resolution no. 30) as.king residents to call the Town Clerk's office and request a survey if they do not receive one. 12 :.05 P.M. - Work Session adjourned. REGULAR MEETING A Recjular Meeting of the Southold Town Board was held on Tuesday, October 19, 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 of the Flag. Present: Supervisor Scott L. Harris 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 Absent; Justice Raymond W. Edwards SUPERVISOR HARRIS: Before we start tonight's meeting I'd like to dedicate the October 19th meeting, tonight's meeting, to Ace, a canine Police Officer from River- head Town, that was killed in the line of duty in our town on behalf of our own Police Department, who asked them to come in as backup. Ace saved at least one Police Officer's life, possibly two. He along with, unfortunately, the victim were both killed last week in a serious situation, that took place in the outskirts of the Village of Greenport, and we're grateful for the Riverhead Police Department, and particularly Canine Officer Ace, and we certainly will never forget what he has done for not only the people of our Town, and our Police Department, but certainly for the personnel and the lives that he has saved. So, if I could have a moment of silence for him. Thank you. I had offered the Riverhead Police Department the opportunity to have this Special Canine Unit Police Officer replaced, and Ace was a German Shepherd. The Sheriff's Department from Suffolk County has graciously decided to replace Ace on behalf of their own Sheriff Office, of which we're grateful, but certainly I wanted to be on record that I offered as a Town the opportunity for Chief Grattan, Riverhead Town Police Chief, to take the opportunity for us to replace that dog, and certainly we recognize the value of the Canine Units, and certainly we recognize the efforts on behalf of Riverhead in this situation, and we're grateful one more time for the life that this animal saved, and certainly we would be willing to replace him at whatever cost Riverhead needed in reference to this special training, that would take place in reference to Canine Officers. So, with that, I'll move on to the rest of the business for the evening. We need a motion to approve the audit of the bills from October 19, 1993. Moved by Councilman Penny, seconded by Councilman Lizewski, it was RESOLVED that the followincj bills be and hereby ordered paid: General Fund Whole Town bills in the amount of $280,981.45; General Fund Part Town bills in the amount of $505,759.18; Adult Day Care bills in the amount of $204.17; SNAP Program bills in the amount of $3,099.73; Community Development Fund bills in the amount of $27,800.96; Highway Fund Whole Town bills in the amount of $37,422.69; Highway Fund Part Town bills in the amount of $203,763.28; Human Resource Center bills in the amount of $1,054.74; Yard Waste Compost Capital bills in'the amount of $22,663.70; Employee Health Benefit Plan bills in the amount of $21 ~387.16; Fishers Island Ferry District bills in the amount of $61,649.22; Southold Wastewater District bills in the amount of $778.50; Fishers Island Sewer District bills in the amount of $139.81; Southold Agency & Trust bills in the amount of $113.46; Fishers I~land Ferr~y District Agency & Trust bills in the amount of $993.44. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to approve the minutes from October 5, 1993, Town Board meeting. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the minutes of the Ocotber 5, 1993 Southold Town Board be and hereby approved. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Counci.lman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: I need a motion to set November 9, 1993, 4:00 P.M., the next Town Board meeting. Moved by Councilman Wickham, seconded by Councilman Penny, it was RESOLVED that the next rec~ular meeting) of the Southold Town Board will be at 4:00 P.M., Tuesday, November 9, 1993, at the Southold Town Hall, Southold, New York. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. I. REPORTS. 1. Lawrence 2. Lawrence 3. Southold 4. Sout hold 5. Southold Healthcare CSEA Monthly Benefit Report for September, 1993. Healthcare PBA Monthly Benefit Report for September, 1993. Town Board of Trustees Monthly Report for September, 1993. Town Planning Board Monthly Report for September, i993. Town Scavenger Waste Treatment Facility Monthly Report for Septem- ber,, 1993. 6. Southold Town Community Development Agency Monthly Report for September, 1993. 7. Southold Town Justice Edwards' Monthly Court Report for September, 1993. 8. Southold Town Police Department Monthly Report for September, 1993. 9. Councilmen's Reports. 10. Supervisor's-Report. I1. PUBLIC NOTICES. 1. Suffolk County Department of Planning in regard to Proposed IR 1348-93 approving the Settlement of Robins Island Liticjation. 2. Corp of Army Engineers, New York District application of Blue Points Com- pany to construct a 4 foot by 100 foot fixed pier for servicing intake and outfall pipes to be placed underneath the pier. III. COMMUNICATIONS. 1. Suffolk County Department of Civil Service in regard to a recent payroll submission to their department. IV. PUBLIC HEARINGS. 1. 8:00 P.M., "Local Law in Relation to Parking Areas". V, RESOLUTIONS. SUPERVISOR HARRIS: Justice Edwards will not be with us tonight from Fishers Island. He has some personal business, that he could not leave, and Councilwoman Hussie will, hopefully, be joinin9 us later. She also has a business meetin9, which drew all of her attention, as the President of the Historical Society, so we're lookin9 forward to seeing her in a short time period. At this time, are there any members of the audience, that would like to address this Board on any resolution we'll be actin9 upon in the next few minutes? FRANK CARLIN: Frank Carlin. Laurel. Scott, number 18 accept the bid for Sound Shore Excavating Corp., East Marion, New York, for supplying the Southold Town Highway Department with what? What are they supplying them with? SUPERVISOR HARRIS: Screened sand for ice control for the winter. FRANK CARLIN: That should have been in there. Authorize the Town Clerk to advertise, number 20, for bids for removal of scrap metal from the Southold Disposal Area. Is that something new, that we're doing, or is that part of the salvage or wasn't this discussed before, or is this somethin9 that's 9oin9 to be extra money now, or what? Was it included in our plan for disposal of metals? SUPERVISOR HARRIS: No. What happened in the past was the Town, instead of going out for bid, elected to try to get,. because of the Comptroller's Office said you don't have to bid these materials, because they're used materials. We had in the pa,st tried to get the best deal for the Town, talking to various vendors, because the scrap metal price went up and down throughout the year. We didn't want to lock into one price, and we found that system, because of the markets right now, would be better to have a contract in place for a year based on the supply and demand that exists. So, that's why we're going out now for a bid for it. FRANK CARLIN: Number 28, accept the proposal of a engineering company, what is that for? SUPERVISOR HARRIS: Cameron Engineering is the engineering firm that takes care of our solid waste management, our solid waste plant, Wastewater District Plant, excuse me, in the Village of Greenport. We are Commisioners of that, and we have to constantly upgrade that plant to keep it functional. FRANK CARLIN: See at least that explains to me what it is for. When you read this thing', somebody, me especially, I read something I want to know what it's for, you know. It just says, you know, leaves an opening there for solid waste. TOWN CLERK TERRY: Scavenger waste, cesspool. FRANK CARLIN: Number 30, advertise with regard to the Stewardship Task Force Sur~ey, what does that mean? SUPERVISOR HARRIS: The Sf~ewardship Task Force has a questionaire that presently is 9nih9 out in the mail, and the Town Board authorized them to put an advertisement in the newspaper notifyin9 the people when they receive it to make sure that they fill it out, and send it back, and if they don't receive it for some reason, to contact, I think, the Town Clerk's Office so they could recieve a copy of this questionaire, so that they can get it answered, because it's very important that people respond to these questions. FRANK CARLIN: And finally item 31 and 32 to me is connected here. Reject bids to clean-up the metal dump on Fishers Island, and then you go to 32, and you say, authorize the Town Clerk to readvertise for bids for clean-up of metal dump on Fishers Island. What was wrong with item 317 What happened there? SUPERVISOR HARRIS: Thirty-one, the proposals that came in were not what the Town Board was looking for in reference to these bids, and they're going to reject those, and they're going to go out again with a new bid offering, trying to clarify exactly what work they're looking for on Fishers Island to be accomplished. FRANK CARLIN: It's just you reject, and find somebody else. Thank you. SUPERVISOR HARRIS: Okay, at this time, if there are no other members of the audience, that would like to address this Board on any resolutions we'll be acting upon, we'll start with the first resolution. Councilwoman Hussie woud you like to vote on the audit of the .bills, and then a motion on the minutes, also?. COUNCILWOMAN HUSSIE: Yes. TOWN CLERK TERRY: And the minutes, and setting the next meeting on November 9th at 4:00 P.M.? COUNCILWOMAN HUSSIE: Yes. SUPERVISOR HARRIS: Yes to all three. Councilwoman Hussie, would you start with the first resolution? 1.-Moved by Councilwoman Hussie, seconded by Councilman Penny, it was RESOLVED that thae Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute the National Small Business Tree Planting Program, U.S. Small Business Administration, NYS-DEC, 1993 Grant Payment Request in the amount of $3,500.00, all in accordance with the approval of the Town Attorney. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. ' This resolution was declared duly ADOPTED. 2.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that .the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contract between the Town of Southold and Kreiger Well & Pump Corp., Mattituck, New York, in the amount of $6,270,00, for the installation of a well and submersible pump at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the approval of the Town Attorney. 2.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski,, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 3.-Moved by Councilman Lizeski, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contract between the Town of Southold and Richard's Nursery, Inc., Miller Place, New York, in the amount of $11,543.00, for discing, finish, grading, and seeding of two (2) playing fields at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the approval of the Town Attorney. 3.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This. resolution was declared duly ADOPTED. ~,.-Moved by Cou~cilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a contract between the TOwn of Southold and Briarcliff South Shore Sprinklers, Ron Foster, inc., Southampton, New York, in the amount of $4,000.00, for the installation of a lawn sprinkler system at the Robert W. Tasker Memorial Park, Peconic Lane, Peconic, all in accordance with the approval of the Town Attorney. 4.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 5.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby cjrants permission to the Mattituck Lions Club to use the followincj Town Roads for their annual Hallo- ween Parade on Friday, October 29, 1993, beginning at 6:00 P.M. at the Mattituck Fire House, and ending at the Mattituck High School, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, Love Lane, Westphalia Avenue/ Sound Avenue. 5.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. OC. TOBER 19, 1993 403 6.-Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the folloWinc~ budc~et modification to the General Fund ~ Whole Town 1993 Budc, jet to cover anticipated needs and North Fork Animal Welfare League, Inc., contract for remainder of the year: To: A3310.4 Traffic Control, Contractual Expenses $ 2,000.00 A3510.4 Control of Dogs, Contractual Expenses 10,000.00 A5650.1 Off Street Parking, Personal Services 100.00 A8090.4 Environmental Control, Contractual Expenses 3,000.00 From: A3510.2 Control of Dogs, Equipment $ 10,000.00 A9730.7 Bond Anticipation Notes, Interest 5,100.00 6.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 7.-Moved by Councilwoman Hussie, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Attorney Harvey A. Arnoff to execute Certification of MunicPal Contract for Construction/Equipment Purchase, for the New York State Department of Transportation, Airport/Aviation. Capital Grant Program, with regard to the '~:ontract with Bourgeois & Shaw Inc. for Runway 7-25 & 12-30 Overlay (Construction) project at Elizabeth Field Airport, Fishers Island, New York. 7.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 8.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior Planner Valerie Scopaz and Data Control Supervisor Jeanne Ruland to attend a meeting with Frank DeRubeis of the Town of Smithtown to view the Town's Mapping System, on Wednesday, October 13, 1993, at 2:00 P.M., using a Town vehicle for transportation. 8.-Vote Of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 9.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Notice to Proceed to Bourgeois & Shaw, Inc., Simsbury, Connecticut, the Contractor for the Elizabeth Field Airport, Fishers Island, Runway 7-25 & 12-30 Overlay project, all in accordance with the recommendation of the Town's consultants for the project, C&S Engineers, Liverpool, New York. 9.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 10.-Moved by Councilman Lizewski, seconded by Counci!man Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followinc~ budget modification to the General Fund - Whole Town 1993 Budr~et to appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount outstanding for the 1988 and 1989 deferred New York State and Local Employee's Retirement System contribution: To: Revenues: A5710 Serial Bond Proceeds $ 141,873.45 Appropriations: A9010.8 New York State Retirement, Benefits $ 141,873.45 10.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED~ 11.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board of theTown of Southold hereby authorizes the following budc, tet modification to the General Fund- Part Time 1993 Budcjet to appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount outstanding for 1988 and 1989 deferred New York State and Local Employee's Retirement System and New York State and Local Police & Fire Retirement System contributions: To: Revenues: B5710 Serial Bond Proceeds $ 416,031.91 Appropriations: B9010.8 New York State Retirement, Benefits $ 49,157.91 B9015.8 New York State Police Retirement, Benefits 366,874.00 11.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 12.'Moved by Councilman Wickham, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budc, let modification to the Hicjhwa¥ Fund - Whole Town 1993 Budcjet to appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount outstand!ng for the 1988 and 1989 deferred New York State and Local Employee's Retirement System contributions: To: Revenues: DA5710 Serial Bond Proceeds $ 20,534.32 Appropriations: DA9010.8 New York State Retirement, Benefits $ 20,534.32 12.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 13.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the fottwoin~ budc. let modification to the Hicjh. wa¥ Fund - Part Town 1993 Budcjet to appropriate proceeds from the 1993 Pension Bonds to pay the amortized amount outstanding for the 1988 and 1989 deferrred New York State and Local Employee's Retirement System contributions: To: Revenues: DB5710 Serial Bond Proceeds $ 74,670.24 Appropriations: DB90!0.8 New York State Retirement, Benefits $ 74,670.24 13.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 14.-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the followincj budcjet modification to the Fishers Island Ferry District 1993 Budget to appropriate proceeds from the 1993 Pension Bonds to pay the amortized amou.:it outstanding for 1988 and 1989 deferred New York State and Local Employee's Retire- ment System contributions: To: Revenues: SM5710 Serial Bond Proceeds $ 24,890.08 Appropriations: SM9010.8 New York State Retirement, Benefits $ 24,890.08 14.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 15.-Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that th~. Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes for a Clerk for the 1993/94 Tax Collection season for the Office of the Receiver of Taxes, aL a salary of $6.35 per hour. 15.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, 'Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. OCTOBER 19, 1993 405 16.-Moved by Councilman Wickham, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, November 23, 1993, Sout,hold Town Hall, Main Road, Southold, New York, as time and place for a public hearing to obtain Citizen's Views on local needs to be met with the 1994 Community Development Block Grant Funds. 16.~Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This 'resolution was declared duly ADOPTED. ~17.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Akzo Sa!t, Inc., Clarks Summit, Pennsylvania, for supplying the Southold Town Highway Department with 500 tons (more or less as may be needed) of Bulk Salt (mineral crushed rock) for snow and ice control, at a price of $37.88 per ton, all in accordance with the bid specifications. 17.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 18.-Moved by Councilman Penny, seconded by Councilman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby acepts the bid of Sound Shore ExcavatincJ Corp., East Marion, New York, in the amount of $5.90 per yard, for supplying the Southold Town Highway Department with 5,000 yards (more or less as may be needed) of screened sand for ice control and highway maintenance. 18.-V0te of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 19.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to accept the bid and enter into a contract with Thames Ship;,ard & Repair Co., in the amount of $23,460.00, for drydocking the MV Race Point, and accomplishing work thereon in accordance with the bid specifications, plus the following supplemental work as ma,/ be found necessary or required by regulatory authority after the vessel is in dry dock: (1} Shaft removal/replacement - $1,800.00 per shaft; (2) Strut bearing renewal - $1,800.00; (3) Sacrificial Anode renewal - $50.00 per zinc; (4) Changing propellers - $600.00 per prop. 19.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 20.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the removal of Scrap Metal from the Southold Town .Disposal Area, Cutchogue, for Calendar Year 1994. 20.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 21 .-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Baord of the Town of Southold hereby authorizes the foilowin~ budc~et modification to General Fund - Whole Town 1993 Budget to appropriate Small Business Administration Tree Planting grant: To: Revenues: A3115 State Aid - Tree Grant $ 3,500.00 Appropriations: · A8560.4 Tree Committee~ Contractual Expenses $ 3,500.00 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 40 6 OCTOBER 19, 1993 22.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Partial Payment Request No. Six & Final to the Federal Aviation Administration, for a reimbursement with regard to Runway 7-25 Overlay (Design), and Runway 12-30 Overlay (Design) at Elizabeth Field Airport, Fishers Island; and be it FURTHER RESOLVED that Supervisor Harris be authorized and directed to execute Partial Payment Request No. Two & Final to the New York State Department of Transportation with regard to Runway 7-25 Overlay (Design), and Runway 12-30 Overlay (Design), at Elizabeth Field Airport, Fishers Island, all in accordance with the recommendation of the Town's consultants for the project C&S Engineers, Inc. 22.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 23.-Moved by Councilman Lizewski, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Notice of Proposed Construction or Alteration to the U.S. Department of Transportation, Federal Aviation Administration, for the construction of a temporary asphalt manufacturing plant at Elizabeth Field Airport, Fishers Island, to be utilitzed during the Runway 7-25 and 12-30 Overlay project; 'all in accordance with the approval of the Town's consultants for the project C&S Engineers, Inc. 23.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 24.-Moved by Councilman Penny, seconded by Supervisor Harris, WHEREAS, Southold Shore Association has made application to the Town Board of the Town of Southold to dedicate certain roads in Southold, New York, known as Albacore Drive, Blue Marlin Drive, and Dolphin Drive, designated on a certain map entitled, "Map of Southold Shores", filed in the Office of the Clerk of the County of Suffolk on August 29, 1963 as Map Number 3853; and WHEREAS, the Southold Town Superintendent of Highways has inspected said highways and has advised the Town Board that he determines and orders that said highways shall be laid out in the Town; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of land described in said application as shown on certain maps attached to said appication; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. 24.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This. resolution was declared duly ADOPTED. 25.-Moved by Councilwoman Hussie, seconded by Councilman Wickham, In the Matter of Petition of the Owners of more than one-half of the Real Property fronting on Albacore RESOLUTION FOR STREET Drive, Blue Marlin Drive and Dolphin Drive IMPROVEMENT for the improvement of said roads. WHEREAS, a written petition dated July 20, 1992, was duly filed with this Board requesting the permanent improvement of highways in this Town known as Albacore Drive, Blue Marlin Drive and Dolphin Drive and described as follows-: All that certain piece or parcel of land, with the buildings and improvements thereon erected, situate, iying and beir~g at Southotd, Town of Southold, County of Suffolk and State of New York, known and designated as Albacore Drive, Blue Marlin Drive and Dolphin Drive, and bounded and described as follows: 1. DOLPHIN DRIVE AND ALBACORE DRIVE BEGINNING at a concrete monument marking the intersection of the southwesterly side of Dolphin Drive with the southeasterly side of the Main Road (N.Y. State Route 25). Said point of beginning being 145.82 ft. northeasterly from the west boundary line of land shown on the map of Southold Shores as measured along the southeasterly side of the Main Road. From said point of beginning running along the southeasterly side of the Main Road N 51° 37' 20" E a distance of 100.00 ft. to a concrete monument. Thence running along the northeasterly side of Albacore Drive and bounded by lots shown on Map of Southold Shores (1) S 38° 22' 40" E a distance of 126.88 ft. to a concrete monument and (2) S 63° 52' 30" E a distance of 929.17 ft~ to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive S 74° 15' 20" W a distance of 124.91 ft. to a point. Thence reversing direction and running along the southwesterly side of Albacore Drive and bounded by lots shown on map of Southold Shores; (1) along the arc of a .curve with a radius 'of 19.13 ft. and curving to the left a distance of 46.12 ft., (2) N 63° 52' 30" W a distance of 785.89 ft. and (3) along the arc of a curve with a radius of 23.65 ft. and curving to the left a distance of 53.40 ft. to the easterly side of Dolphin Drive. Thence running along the easterly side of Dolphin Drive and bounded by lots shown on Map of Southold Shores S 13° 15' 00" E a distance of 470.90 ft. to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive S 89° 15' 00" W a distance of 51.21 ft. to the westerly side of Dolphin Drive. Thence running along the westerly side of Dolphin Drive and bounded by iots shown on Map of Southold Shores (1) N 13° 15' 00" W a distance of 500.00 ft. and (2) N 38° 22' 40" W a distance of 124.77 ft. to the concrete monument on the southeasterly side of the Main Road at the point of beginning. 2. BLUE MARLIN DRIVE Beginning at a concrete monument at'the intersection of the northerly side of Blue Marlin Drive with the easterly side of Dolphin Drive. From said point of beginning running along the northerly side of Blue Marlin Drive and bounded by Map of Southold Shores (1) N 89° 15' 00" E a distance of 274.05 ft. and (2) N 74° 15' 20" E a distance of 367.65 ft. to a point. Thence continuing along the northerly side of Blue Marlin Drive and bounded by the easterly end of Albacore Drive N 74° 15' 20" E a distance of 124.91 ft. to the northeasterly side of Albacore Drive. Thence continuing along the northerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores N 74° 15~ 20" E a distance of about 435 ft. to the'mean high water mar~ of a body of water known as Sage Basin. Thence running along the mean high water mark of Sage Basin in a southerly direction to a point that is 100.00 ft. from the extension of the north side o~ Blue Marlin Drive measured at a right angle thereto. Thence running along Lot 52 as shown on Map of Southold Shores S 74° 15' 20!' W a distance of about 120 ft. to the northwesterly corner of said Lot 52. Thence running N 15© 44' 40" W a distance of 50.00 ft. to a point and thence running along the southerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores; (1) S 74° 15' 20" W a distance of 840.00 ft. to a concrete monument, (2) S 89© 15' 00" W a distance of ~00.00 ft., (3) S 76© ~,5' 00" W a distance of 107.63 ft. Thence running along the westerly end of Blue Marlin Drive and bounded by land shown on Map of Southold Shores N 13© 15' 00" W a distance of 100.00 ft. to the northerly side of Blue Marlin Drive. Thence running along the northerly side of Blue Marlin Drive and bounded by lots shown on Map of Southold Shores S 83° 38' 00" E a distance of 196.39 ft. to the intersection with the westerly side of Dolphin Drive. Thence running along the southerly end of Doiphin Drive S 89° 15' 00" E a distance of 51.21 ft. to the concrete monument at the point of beginning. WHEREAS, said petition was duly signed by owners of real estate owning real estate to the extent of at least one-half of the entire frontage or bounds on both sides of such highway and also signed by resident owners owning not less than one-half of the frontage owned by resident owners besidlng in or along such highway; and WHEREAS, the said petition was duly acknowledged or proved as to each signer in the same manner as required of a deed to be recorded; and WHEREAS, at a meeting of said Town board duly called and held on June 15, 1993, an order was duly adopted by it and entered in its minutes, reciting the filing of such petition, the improvements proposed and the maximum amount proposed to be expended for the improvement as stated in such petition, to wit, the sum of $25,000.00 and specifying that the said board would meet to consider the petition ana hear ali persons interested in the subject thereof concerning the same, at the Southold Town Hall, at Southold, in said Town, on the 13th day of July 1993, at 4:30 o'clock in the afternoon of that day for the purpose of considering the said petition and hearing all persons interested in the subject thereof concerning the same; and WHEREAS, the said order, duly certified by the Town Clerk, was duly published and posted as required by law; and WHEREAS, a hearing was duly held by this Town Board at the place and on the date and time hereinbefore mentioned, and at such place and time, the said Town Board did duly consider the said petition and hear all person interested. NOW, THEREFORE, after such hearing and upon ovidence given there at and pursuant to the provisions of Section 200 of the Tow~ Law of the State of New York, it is hereby RESOLVED that this board does hereby determine that it is in the public interest to make the improvements petitioned for, to wit: The permanent paving of ~he highways set forth in said petition and the construction of such curbs, gulters, catch basins and drainage facilities as may be necessary; and it is furthE.r RESOI.VED, that the Town's Engineer Inspector, shall prepare definite plans and specifications and make a careful estimate of the expenses for the performanc of the work; and it is further RESOI VED, that Anthony W. Lewandowski, shall survey said highway and establish t~e lines and grades thereof and such survey and a profile of the grade shal be filed in the Town Clerk's office; and it is further RES( LVED, that upon the completion of the aforesaid plans, specification, estimate expenses, survey and profile of the grades, that the Superintendent of Highwa's perform said work by using regular highways employees and that the cost tl:ereof to be deemed a part of the expenses of the improvement. 25.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Vickham, Councilman Penny, Supervisor Harris. This resolu on was declared duly ADOPTED. SUPERVISO . HARRIS: At this time I need a motion to recess for one public hearing we have for the evening. Moved by C~uncilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that a recess be called at this time, 8:00 P.M., for the purpose of holding a pubtic hearing. Vote of the Fown Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman ~]ickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. Reconvened at 8:05 P.M. SUPERVISOI; HARRIS: Weql go back to the regular portion of our meeting. 26.-Moved by Sqpervisor Harris, seconded by Councilman Penny, it was RESOLVED t~at the Town Board of the Town of Southold hereby grants permission to Senior Ac~zountant John Cushman to attend a breakfast/seminar, sponsored by Val Stype &JSons, Inc. and Karl Washwick, CHFC, CLU, to review the health insurance situation and what the Clinton health plan might mean to the Town, on Tuesday, Oqtober 19, 1993, beginning at 7:30 A.M., at the Wine Garden Restaurant, Mattituck, all at no cost to the Town of Southold. 26.-Vote of the Fown Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman This resoluti 27,-Moved by Cc WHEREAS, ti considered ti available to of the lnterr WHEREAS, it be provided therefore, b~ qckham, Councilman Penny, Supervisor Harris. ~n was declared duly ADOPTED. uncilman Penny, seconded by Supervisor Harris, ~e Board of Commissioners of the Fishers Island Ferry District has ~e establishment of a 457 Deferred Compensation Plan to be made ~ll eligible employees of the Ferry District pursuant to Section 457 al Revenue Code; and is understood by the Board of Commissioners that such a plan can at no cost to the taxpayers of the Fishers Island District; now, it RESOLVED that the Town Board hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to go to bid in the New York State Register, and The Long Island Traveleb-Watchman, the official newspaper of the Town of Southold, and The New London Day, for a 457 Deferred Compensation Plan. 27.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 28.-Moved by Councilman Penny, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the p.roposal of Cameron Encjineerino~, P.C., dated October 4, 1993, to conduct an Engineering Evaluation at the Southo!d Town Scavenger Waste Treatment Plant to determine options available for implementatioF, of a sedimentation chamber for removal of large and heavy inert materials; fee to be a lump sum amount of $8,750.00, with reimburs- able expenses at cost of such items as messenger service, express mail and administra- tive expenses; all in accordance with the approve! fo the Town Attorney. 28.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 29.-Moved by Supervisor Harris, seconded by Councilman Lizewski, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Senior Planner Valerie Scopaz, Director of Procjram Evaluation James McMahon, and Engineering Inspector James Richter to attend a New York State Department o7 Trans- portation workshop for applicants for Transportation Enhancement funds, to be held on Monday, October 26, 1993, at 5:00 P.M., at Farmingdale, New York, and the necessary expenses to travel, using a Town vehicle, shall be a legal charge against the 1993 Budget. 29.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 30.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Stewardship Task Force to place an advertisement in The Long Island Traveler- Watchman, and The Suffolk Times, notifying Town of Southold residents that the 1993 Official Citizens Survey has been mailed to them, and if they do not receive one they should call the Town Clerk's Office, and a survey will be mailed to them by that office. 30.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 31 .-Moved by Councilman Lizewski, seconded by Councilman Penny, it was RESOLVED that the Town Baord of the Town of Southold hereby rejects the two (2) bids received for the clean-up and restoration of the metal dump on Fishers Island: Falvey Construction Corp., Killingworth, Connecticut, and New England Landscape & Fence, Inc,, Ledyard, Connecticut. 31 .-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. 32.-Moved by Councilman Lizewski, seconded by Councilwoman Hussie, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for bids for the clean-up and restoration of the metal dump at Fishers Island, all in accordance with the revised bid specifi- cations. 32.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham, Councilman Penny, Supervisor Harris. This resolution was declared duly ADOPTED. SUPERVISOR HARRIS: Would the Board like to act on the Local Law, that we just had a pubic hearing on? OC:TOBER I9, 1993 411 33..-Moved by ~ouncilman Penny, seconded by Councilwoman Hussie, WHEREAS, jthere was presented to the To~vn Board of the Town of Southold, on the 5th of Octo~.er, 1993, a Local Law No. 24 - 1993 entitled, "A Local Law in Relation to Parkin9 Areas"; and WHEREAS, ~ public hearin9 was held on this Local Law on the 19th day of October, ich time all interested persons were given an opportunity to be heard; 1993, at wh now, theref RESOLVED as follows: BE IT ENA( I. Chapter hereby (~,7) II. This State. 33.-Vote of the Councilman This resolul ~ SUPERVISO time, befor~ would like a question, EDNA POL~ for 28 year of that garl SUPERVISO EDNA POL'~ SUPERVISO EDNA POL¥ gallon, a 3~ any rate, a bought one, called you. had made a SUPERVISO advertised. EDNA POL¥ 33 gallons, SUPERVISO EDNA POLY SUPERVISO wise, what EDNA POL¥ my trash c~ SUPERVISO phone. We Councilwom~ woman? are, be it that the Town Board hereby enacts Local Law No. 24 - 1993, which reads LOCAL LAW NO. 24 - 1993 A Local'l~aw in Relation to Parking Areas :TED by the Town Board of the Town of Southold as follows: 65 (Parking At Beaches) of the Code of the Town of Southold is amended by added the following: 3ailie Beach Road, Mattituck, from the c~uardrail at the ~ortherl¥ terminus southerly for a distance of five hundred 500) feet. ,cai Local Law shall take effect upon its filing with the Secretary of Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Wickham, Councilman Penny, Supervisor Harris. ion was de(~lared duly ADOPTED. HARRIS: That ends the regular business for the evening. At this we proceed to adjourn, is there any members of the audience, that address this Board on any Town business? Ma'am, I know you have so this is the opportune time to do such. N: Edna Polyn. Mattituck. I really don't need this. I taught school ~, and I can project. That is a user's fee we are paying for the use )age bag, is it not? R HARRIS: In respect, yes. N: It's not a tax? R HARRIS: That's right. N: We have several brochures, that indicated that there would be a 15 gallon, and a 40 gallon bag. Now, our trash cans, the ones we use at re about 33 gallons, and the 33 gallons we assumed would fit it. We and tried to put it in, and it didn't half way fill it. That's when 1 That disturbed me, because all of sudden you said the manufacturer mistake, and it was 10, 15, 20. HARRIS: Ten, twenty and thirty is the way it should have been N: Ten, twenty and thirty, however, the difference between 20 and paid $1.50, but that is 13 gallons. That's an awful lot of gallons. HARRIS: It doesn't go by gallons. We did it by weight. : How do you do these bags by weight? ~, HARRIS: The bags are done average what could go into a bag weight- an individual could place in them. N: It's what fits into them. If you say 33 gallons, they should fit in n, and they don't. ~, HARRIS: We corrected that already, as I said to you I think on the have passed a resolution. They're ten, twenty and thirty. However, n Hussie certainly would like to elaborate on this, would you, Council- 412 OCTOBER 19, 1993 COUNCILWOMAN HUSSIE: Well, there nothing new, is there, under the sun? Mrs. Polyn, the bags that are designated, or rated by the bag company that we bought them from did say 33 gallons for that middle size bag, that you purchased. The problem lies in the fact that the linear dimensions are different then some others. They had different linear dimensions. EDNA POLYN: But, they don't hold thirty-three gallons. COUNCILWOMAN HUSSIE: You mean it doesn't fit in your thirty-three.. EDNA POLYN: How can that hold thirty pounds? Are you going to weight each bag? COUNCILWOMAN HUSSIE: The weight of the bags was averaged out. We used Shelter Island's experience. They weighed bags for two weeks. There are three different kinds of bags, and they came out with the knowledge that their largest bag, which is the same size as our largest bag, held an average of 62 pounds. That's how much garbage people put in the bag, sixty-two pounds. The bag itself is rated to hold 75 pounds before it breaks. EDNA POLYN: This leaves a very bad taste in my mouth, because I have a great deal of respect for my Town Board, and I expect to be treated honestly, and openly, and when I bought this, and then I called your office, and you said it was 10, 20, and 30 gallons. Then I called Miss Hussie, and she said, no, it was 10, 20, and 30 poundS. There's a difference. Now, in the last couple of times the article read that there is going to be an overage. COUNCILWOMAN HUSSIE: Yes. EDNA POLYN: At least $90.00 per ton, and it quoted you as saying that wOuld b.e put into a separate taxable fund for the land dump, but this is not a tax. This is a user's fee. How can that excess go into a tax fund? COUNCILWOMAN HUSSIE: I don't know where $90.00 came from. EDNA POLYN: It was right in the Suffolk Times. COUNCILWOMAN HUSSIE: Sometimes the newspapers have problems in their printing. There's no way it would be $90.00 a ton. It could not be, and you referred before to the reduction of the landfill permit. That's one of the things that we are looking into, because we do have a little bit of an overage, not a great amount. EDNA POLYN: But, still that should not come from the bags, because a user's fee is one thing, and tax is something else, and that disturbs me. I'm quite willing to buy these bags. I've been info'rmed of all those rules and regulation for thirty- three years, and I have no objection to it. I think Mattituck is a gorgeous town, and I'd like to keep it that way, however, I don't feel that I'm being treated openly. I said I feel there's a great deal of dissemination about the amounts, the cost, where the excess funds are going to. Is there going to be an audit? Who is going to do all this auditing? COUNCILWOMAN HUSSIE: The Town Comptroller will be taking care of that, Mrs. Polyn, I knew that you'd be here this evening, and I rushed from my other meeting, so that I could be here. I have my whole bag file. I would like to go over with you, and Mr. Polyn, the dimensions (tape change) SUPERVISOR HARRIS: We corrected that right away within a few days. EDNA POLYN: After I called. SUPERVISOR HARRIS: No, we corrected it before that. The first day it was brought to our attention. It did not fit into a 32 gallon trash can, as people had, and we corrected the resolution at that point, and Councilwoman Hussie has also since that time, the first day, contacted the manufacturer of the bags, and since that time is looking now towards another bag, which we'll be receiving in the future, a medium size bag, which will have the right dimensions across the top, not deep, but acr~oss the top, so it~will fit over a 32 gallon trash can supposedly. Now, that's what the manufacturer says. As soon as we receive the first bags from this manufacturer, we're going to open one up, obviously, to see if it fits that certain gallonage of trash pails. If it does, we're all set. If not we'll send them back, and we'll get the proper bags. OCTOBER 19, 1993 413' EDNA POLYN: Where did Shelter Island get their bags from? SUPERVISOR HARRIS: The same company. EDNA POLYN: That makes ours? SUPERVISOR HARRIS: Yes. EDNA POLYN: I have no idea how long they will last. They don't look very durable. The part in the paper said that this excess fund could be used to set up a permanent transfer section, the excess money that is being taken out of these bags. COUNCILWOMAN HUSSIE: The point is, Mrs. Polyn, that whatever excess, if there is excesE,money from the sale of bags, is going to remain in the Solid Waste District funds, so to speak. EDNA POLYN: But; it's being called a tax then? COUNCILWOMAN HUSSIE: No. EDNA POLYN: That's what it said in the paper. I read it correctly. COUNCILWOMAN HUSSIE: I'm not sayin9 that you didn't read it correctly. I'm say- in9 that perhaps it was written incorrectly. EDNA POLYN: Then you should ask them for a retraction, because it bothers me. COUNCILWOMAN HUSSIE: These numbers have been making a lot of commotion, and creating a lot of disturbance. People are quite perplexed. EDNA POLYN: I'm amazed there are so few people here today. I had heard so many complaints, when you went to the dump, etc., everybody there, and it seems that I'm the only one. SUPERVISOR HARRIS: The word that we're getting is it's at least two to one in favor, if not more right now, of the ba9 system. EDNA POEYN: Thank you very much. SUPERVISOR HARRIS: Anybody else at this time? Mr. Carlin? FRANK CARLIN: Frank Carlin. Laurel. This morning I attended Ace's funeral. I want to tell you it was mighty sad, because I love animals. Where you there? SUPERVISOR HARRIS: No, but I was trying to get there. I had a Town Board Work Session. FRANK CARLIN: Anybody there from the Town? SUPERVISOR HARRIS: Yes. I had the Chief of Police there, and other personnel. FRANK CARLIN: I mean the Board. SUPERVISOR HARRIS: We had a Work Session here today, a -Fown Board meeting. FRANK CARLIN: Then nobody at all. You don't have a Deputy Supervisor, or some- body to represent the Town at something like that to show their respect. SUPERVISOR HARRIS: I had the Chief of Police there, Mr. Carlin. FRANK CARLIN: But that's not you. SUPERVISOR HARRIS: That's representing me. I asked him to go on my behalf. FRANK CARLIN: You know I had no business going either, but I went there to show my respect to the animal, but I'll drop it there. I won't go any further with it. I thought we come out with this bag system, Councilwoman Hussie, this is your question, because this seems to be your baby. COUNCILWOMAN HUSSIE: It's my bag. FRANK CARLIN: Your bag, one of the two. That we're either 9oin9 to have a Southold logo on it, or a Southold seal on the ba9. Now, I understand you didn't have time to 9et them put on yet, but we ordered $7,000.00 worth of bags, which is a lot of bags. Now, you can't tell me that somewhere's in this country you can't buy aba9 that color. So, you're leavin9 yourself open, and you know what I'm talkin9 about. COUNCILWOMAN HUSSIE: Cheating. FRANK CARLIN: Right, and I don't think there's nobody in this town that will do that, but you're still leavin9 open. Food for thought, right? Am I right? COUNCILWOMAN HUSSIE: Of course. FRANK CARLIN; Thank you. This is one problem for Mr. Harris, Supervisor Harris. You said..made a statement I took three straw polls at public meetings, or Town Board meetings, and the people were in favor of paying by the ba9. Well, you can't take the percentage of people at Town Board meetings and use that, or even mention them, as a guide to determine if they're pay by the ba9, or by their taxes, because as of now you've only 9or twenty-five people here. You can't compare 25 people with 20,000. SUPERVISOR HARRIS: /~r. Carlin, the statement that was made, there were three informational hearings held by the Solid Waste Task Force, not at Town Board meetings. I can't help what was printed if it said Town Board meetings. It's Solid Waste Task Force meetings. Those meetings an informal poll was taken after the duration of those meetings by those individuals who attended, and that's what the results were. FRANK CARLIN: Well, this is something that you sent out. I don't want to get in a campaign here now, but it's something that you sent out there, and you said in here that three separate straw polls at public meetings. SUPERVISOR HARRIS: At public meetings, that's correct. That's right. ~ FRANK CARLIN: That the residents favor a user fee system. SUPERVISOR HARRIS: That's correct. They were public meetings. That's exactly what they were. FRANK CARLIN: So, why do you even take that into consideration? SUPERVISOR HARRIS: That's how the Task Force, Mr. Carlin, made the determina- tion to make the recommendation to the Town Board, based on those informal polls. FRANK CARLIN: Now, are going to put this on the November ballot, as a referendum? SUPERVISOR HARRIS: That can't be done. FRANK CARLIN: It says right here. SUPERVISOR HARRIS: That can't be done. We discussed that a number of weeks ago. FRANK CARLIN: Then this is wrong. It doesn't belong on here then. SUPERVISOR HARRIS: A the time when that was printed we were pursuing putting it on the referendum. The State would not allow us to put it on. FRANK CARLIN: You give the people wrong information. I!m sorry. COUNCILMAN WICKHAM. tion. I'd just like to comment. There's lots more wrong informa-' SUPERVISOR HARRIS: Tom, I'm sorry. Tom, I'm not 9oing to accept that. Keep your campaign out of Town Hall. OCTQBER 19, 1993 41 5 FRANK CARLIN: I'm going to keep this as clean as I can without getting campaign. I don't want to be accused of that anymore. I think Councilwoman Hussie, and I think Councilman George Penny once said, or said at last Board meeting, that they can either pay by the bag system, or you can use the scale, and pay by the weight. Use the Town scale. Go through the scalehouse. What did you say? COUNCILMAN PENNY: Commercial people have ~he option. It is in the Code. Com- mercial people, commercial pickup has the option. Residential does not. FRANK CARLIN: So, we got to use the bag system? COUNCILMAN PENNY: That's correct. FRANK CARLIN: Oh, incidently it doesn't make any difference to me, if we use the bag system, or it goes in my taxes. Whatever the people in Suuthold Town want, I'd go along with that. It' doesn't matter to me. That's not my question. Council- woman Hussie, can you tell me roughly how many tons of garbage we use that's always up in the Landfill a year? COUNCILWOMAN HUSSIE: We generated in 1993 almost 15,000 tons. FRANK CARLIN: Fifteen thousand tons. Okay. Now, I believe we got the contract to cart this garbage away at $59.48. Am I right on that? COUNCILWOMAN HUSSIE: Right. FRANK CARLIN: Well, if you take 15,000 tons at $59.46 that's going to cost us about $900,000.00, $892,200.00, but 1'11 say $900,000.00. Okay, now, Supervisor Harris says in his report in the newspaper about our taxes, and our budget taxes this year, that anticipates 2.2 million dollars in revenues from the sale of the garbage bags, tipping fees for commercial garbage, and landclearing debris. Right? SUPERVISOR HARRIS: I think what that article is referring to is what the district budget is for the Solid Waste District for 1994. FRANK CARLIN: You said you anticipate that much from this program you got here now, with the garbage bags, and that. What you said, I got it right here in the paper, Scott. SUPERVISOR HARRIS: That's what the budget for the Solid Waste District is for 1994. FRANK CARLIN: No, that's what you said in here, and I can prove it to you in the writing in the paper here. Do you want me to read it to you? SUPERVISOR HARRIS: Frank, I'm not going to be responsible for what's in the paper. All I'm telling you.. FRANK CARLtN: All of sudden it's not what's in the paper... SUPERVISOR HARRIS: Mr. Carlin, you asked me a question, sir. FRANK CARLIN: If I was a newspaper, I'd be getting on you. SUPERVISOR HARRIS: Fine, let them. Mr. Carlin, I ask you, please, you asked a question, I'm responding. The Solid Waste District budget is about 2.4 million. That's what the budget is for the Solid Waste District for the year. FRANK CARLIN: I'll continue on what I'm trying to prove to you. Alright, so you got $900,000.00 if you use 15,000 tons a year. You go that. That's not including your user fees, your scale fees; your appliance fees, or whatever. So, if it is 2.2 million dollars more or less, where was the other money going to? If you're already paying. . it's only going to cost you $900,000.00 to..Now, you say Mrs. Hussie before you say something, now, please, you said the last time, well, we got to charge a $25.00 permit fee to compensate for trucking of the garbage out of town. Now, if it's only going to cost us $900,000.00, why do we need to charge the $25.00 for, when we're going to make it up in user fees? We'll ha'/e enough to pay for that. SUPERVISOR HARRIS: Mr. Carlin, I'll answer for Councilwoman Hussie for one minute. The $25.00 fee, that has been in place, is for the operation and maintenance of the Landfill itself. It has nothing to do with the disposal of solid waste outside of the boundaries of our town. FRANK CARLIN: Scott, we pay a tax for the support of that landfill, don't we? Don't we? SUPERVISOR HARRIS: Yes, taxes and user fees, both. That's a correct statement. FRANK CARLIN: You're feeing the people to death. SUPERVISOR HARRIS: That fee has been in place, Mr. Carlin, for a number of y6ars. FRANK CARLIN: Why can't it be changed? SUPERVISOR HARRIS: Mr. Carlin, please, I'm trying to answer you. It was pro- posed today at a Work Session by Councilwoman Hussie, and I will let her explain to reduce those user fees for the 1994 fiscal year. Councilwoman Hussie? COUNCIL~VOMAN HUSSIE: Mr. Carlin, some of your numbers, that you quoted are correct. Roughly ~;900,000.00 for tipping. FRANK CARLIN: Not for tipping. For carting the garbage out of town. That's what it cost the town to pay the contractor, so let's put that right there on that one level. COUNCILWOMAN HUSSIE: Same thing, different words, but that's what I'm talking about, getting rid of it. There is also a cost, that the Town has for the bags them- selves, which calculating it roughly will .be about $96,000.00 to buy the bags them- selves. So, we're up to $996,000.00. Now, when we set the prices we rounded the numbers out to the nearest five cent mark, and that gave us an overage of .0025 more than that what we were taking in per pound, than we were paying out. That amount comes to about $75,000.00 based on 15,000 tons, and so, because of two reasons, one to equalize things, I Suggested to the Board today, that we reduce that $25.00 sticker fee, which is also a user fee, to $5.00, which would be fine. It would be made up by the difference by the overage on the bags, and the number of user fees, the number of sticker fees, that we had, 5,000 of them times $5.00 would t~e the other $25,000.00 which is just about the same amount that we've been taking in from the permits. So, we didn't enact that today, because we do have to talk to Mr. Cushman and do some other work on it, but I wanted to let it go before the Board to get a general feeling of how they'felt about it. Now, we're going down to the hard numbers. Again, the permit for the landfill is also a user fee. Everybody doesn't take their garbage down to the landfill. The bags are user fees, too. FRANK CARLIN: I know that, but if you want to go over the scale to take some- thing else, you still have that permit. COUNCILWOMAN HUSSIE: That's right. FRANK CARLIN: So, you're not escaping the permit, if you don't even use the bag system. If you go over the scale you still need the permit, so you need the permit than no matter what you do. COUNCILWOMAN HUSSIE: We're hoping to make it $5.00. FRANK CARLIN: What I'm trying to say is, it's only going to cost us $900,000.00 to ship this garbage out, and that's not including our income from the scale, if you go over, or the commercial garbage, what the carters pay, we take in applicances, plus the $25.00 permit we have abundant', surplus of money here in my mathamatics. COUNCILWOMAN HUSSIE: The t5,000 tons includes everything that goes over the scale, and everything that you and I dump in the bins there. FRANK CARLIN: That was considered garbage, as far as I was told. It was con- sider garbage, not what goes over., that's gabage. Garbage is garbare that you're going to truck out of town. Right? Isn't that what you're saying. O T,OBER 41 7 COUNCILWOMAN HUSSIE: Yes, but it also includes rubbish, such as mattresses and that sort of thing. FRANK CARLIN: Mattresses is not considered garbage in my consideration. SUPERVISOR HARRIS: It is. It has to be removed. FRANK CARLIN: Garbage, mattresses is something else. SUPERVISOR HARRIS: It all has to be removed. That's all part of the contract. FRANK CARLIN: It's in the 15 ton, right? SUPERVISOR HARRIS: It's !5,000. FRANK CARLIN: This what I'm talking about, still saying 15 ton. Let's not try word this with 15 ton. SUPERVISOR HARRIS: 15,000. FRANK CARLIN: 15,000 ton, which is 90,000 pounds a day, when you break it down. That's a lot of garbage a day, 41 tons a day. I can't see the user fee, I'm telling you, and give you better, Councilwoman Hussie, at least try to bring it down to $5.00, at least that's starting to make some sense to me, better $5.00, than it is paying .$25.00, because' you know all this little bit of extra counts, especially senior citizens now. This year they're get a 2.6% raise, and out of that come $4.50 f~or Medicare, so they end up with practically no kind of a raise. All of these little things add up to these people, that are on fixed incomes, who only have Social Security, and no other kind of income. There are people on Social Security that are making $600.00 or $700.00 on income only, and they have to pay their taxes, they have to buy their food, and they have to pay their bills on it. So, this that can help them means something. $25.00 here, or $5.00, or $25.00 means something to them. This is what I!m trying to get across here. I can't see the $25.00 because you're not going to go bankrupt the way you're going to have this. SUPERVISOR HARRIS: Mr. Carlin, can I ask you to continue your dialogue with Councilwoman Hussie, after the meeting. I'm sure she'll be able to answer any other questions you have in reference to that. FRANK CARLIN: Scott, when things get too hot you want to forward it. Things are getting too SUPERVISOR HARRIS: There may be other people that would like to speak, Mr. Carlin. FRANK CARLIN: Let me add one more question before I go. How come Southold Town Police Department never had a canine system? SUPERVISOR.HARRIS: Because we don't foresee the need for one at the immediate time. We have availibility of Suffolk County Canine, which we pay taxes into. We, also, have availibility of the Sheriff's Office. We, also, have availibility of Riverhead, obviously, for assistance. FRANK CARLIN: What you're saying is there's no reason for them, because you don't have crime here, right, between Southold and Greenport? SUPERVISOR HARRIS: No, there availibility of those units already, and why dupli- cate other services, that already exist. FRANK CARLIN: I see. I wanted you to know that a canine dog cost $10,000~ and they're Federal funded. So, that's funded by the government to have a canine dog. It doesn't come out of the Town's pocket. Thanks for cutting me off. I can under- stand why. I'd like to debate you all open house, no time limits. I'd really like to on any issue you want, .and forget this time limit, and this microphone. Come on, let's go on television. SUPERVISOR HARRIS: Thank you, Mr. Carlin. Is there anybody else at this time, that Would like to address the Board on any Town issue? ANN LOWRY: Good evening. I'm Ann Lowry, President of the North Fork Environ- mental Council. I'd like to ask for a change in the Code about burning. I!d like to ask that all burning in Southold Town be prohibited. I was looking in the Code, and [ believe there hasn't been any change in this since 1976. I'd like to ~ead this little part of it. It says, no person shall set fire to, or burn, or cause tolhave set fire to, or burn, any waste paper, rubbish, and I didn't know that included, mattresses by the way, rubbish, or other inflamable matter or materials outdoors within the limits of the Town of Southold within 25 feet of any buildin9. Such~ matter may be fired, and burned i6 safe and private places, at least 25 feet from ~nY ~ building only when it is burned, or set fire to in a metal can, masonary inqinerator, or receptacle made of wire, and completely covered with a top, self-construCted as to keep pieces of materials from blowing away. I have seen..our concern comes at . this point because the change in the iandfill, and the garbage collections. We're afraid that there will be a proliferation of this kind of backyard burning. Ilhave a ad here from the Suffolk Times. It says 55 gallon trash bu.-nin9 barrels With removable covers, and it gives phone numbers, and ~ see this. I have heard that there has been advertisements from Agway also, containers for burning. W~ think this is bad for the air out here, and we would like to ask, again, that thisi Code change prohibit all burning in Southold Town. Thank you. [ SUPERVISOR HARRIS: Thank you. LINDA LEVY: Linda Levy. North Fork Environmental Council. I wanted just to bring up two points with you tonight. They're kind of related, because they both have to do with open space. One is Robins Island, and one is for Corchaug!, and I have 'to admit sometimes I feel like a broken record, especially on such asi Robins Island. I have spoken to this Board about it. I speak to County Legislature about it, and it continues to haunt my dreams I guess. In the past this Board h~s passed many resolutions, sometime two or three times a year, on the desire to preserve Robins Island in it's entirety, and we at the NFEC really do appreciate thelfact that the Town Board has gone on record so many times in support of this, but at this point I have to say I kind of like to see you go a little bit beyond passing a resolu- tions, because there's some specific actions that could be taken, and right !now the way things are happening with the Legislature, and the State, we could really use the help of the Town Board, and in particular the Supervisor of Southold in moving things forward in negotiations with, both between the County and the owneirs of Robins Island, and also, between County and the Governor. As you probably are aware the Governor did announce that he was willing to participate in a joint pur- chase of the island with the County, and that the State wou d be willing roi put up half of the money. Among the actions, that I'm thinking that you guys coulid take is, for example, a phone call, and/or letters to the Governor's Office, stating that the Town Board of Southold, and the Supervisor of the Town of Southod, ~re in support of this concept, and that you would work with the Governor, or wlth the County Executive, or with both to help move this negotiation forward. The reason that I think that's it's very crucial that our Town make itself known about !this is beca'use we ail know that we are going to be impacted more than any other iplace in the entire County Of Suffolk, and now in the entire State of New York, !f Robins Island is developed, or Robins Island s not deveoped, and sometimes we are given f i the impression when we're down at the County Legislature that they don t ~ake us as seriously as them might, because they don't hear a really strong voice coming from our elected officials, and that's why l'm coming to you tonight, because as our elected officials we would really like to see a little bit more active support ~or the purchase of Robins Island by the County and the State together. The negotiations are continuing right now for the development plan which allow for the deveIopment of 22 houses on the island. The County Executive has said that this is to preserve 92% of the island, and this is not true, because what they're going to be dbing in this development plan is to divide the island 50-50. Fifty percent of the island goes into the hands of private developer to sell into 10 sites, that would be priYately owned. The other 50% Would be undeveloped, and in control of the homeowner's association made of the 22 people who buy the 10 acre lots on the rest of the island. So, there would be no public access to the island, no way to..you can't sa~/ that this is preserving the island. It's putting the island into the hands of a velry elite group of people, people that can afford to buy ten acres lots. Right tomorrow at the CEQ in Hauppauge there will be a meeting to discuss whether or not this develop- ment plan requires a full SEQR Review. This is another area in which onc~ again, we may hear from our Town Board, our elected officials, they take it to hei~rt. I have spoken to people on the CEQ myself, and they had said that a letter ~rom our OCTOBER 19, 1993 419' Town Board, a letter from our Town Supervisor, would carry weight even thougn you may not have a vote, as our CAC does have a vote on this issue that comes before the CEQ. But, even though you don't have a vote per sec, the fact that you would be on record supporting the concept of a SEQR Review of any development plan is very important. So, that's why I'm here to talk to you about Robins Island, again, because I feel like at this point we need you to do a little bit more than pass a resolution. On the other subject, Fort Corchaug, we're concerned because, again, as you know, Mr. Baxter has come to the Planning Board with a development plan for the Fort Corchau9 property. Now, we're aware that there is some litigation out- standin9 on this property, but we're also aware that the fact that there is outstandin9 litigation on Robins Island didn't stop Mr. Gaffney from negotiating some kind of settlement with the owners of Robins Island, and we don't really feel that the fact that this outstanding litigation is a reason to not enter into some kind of negotiations for settlement with Mr. Baxter. We would like to know why nothin9 has happened on this since the time that Mr. Baxter did come in to the Open Space Committee, and they then brought it to the Town Board on his latest proposal to sell off a portion of his space to the Town for the million dollars that has already been voted to make this purchase. I'm not sayin9 here and now, that the NFEC supports the purchase of this small portion of his property for a million dollars, but I was wonder- in9 why nothin9 has happened on that,and whether or not the Town Board is plannin9 to take any actions on that, or at least have some communication regardin9 the possible .purchase of some portion of Fort Corchau9. In addition, we were told that the County Legislature that they're still open to talkin9 about participatin9 with the Town of Southold in the purchase of the FortCorchaug site, that the disagreement was over how much the property was worth, and that if they were to hear from the Town of Southold that there was still interest, that they would reopen negotiations with pu'rchasing the Fort Corchau9 propperty, so, again, what we're lookin9 for is more direct action on your part in dea!in9 with the County., and tryin9 to 9et some money loosened up from the County towards the purchase of Fort Corchaug in combination with the million dollars that we' already have here in the Town to make this purchase. Thank you. SUPERVISOR HARRIS: Thank you, Linda. Matt? ASSISTANT TOWN ATTORNEY KIERNAN: Linda, if I could just respond to that? I think this Town Board was on record as supporting the acquisition of Fort Cor- chaug, and at the time the deal went sour. I believe everyone would agree that the County was the one who pulled the rug out from under the deal, and as a result Mr. Baxter commenced litigation. He was unsuccessful in the lower court, and he has now filed an appeal in the Appellate Division. That appeal is still pend- ing. I don't think it's in anyone's best interest to discuss a settlement at this point in an open forum. Mr. Baxter's attorney has our number. He can certainly call us, and initiate settlement negotiations. This Town Board has never expressed that they're unwilling to renegotiate, or to open up negotiations, again, but I don't think it's going to solve the problem to negotiate the deal through the newspapers, or through various committees, or environmental groups. It's in the courts right now. It's ~nfortunate that lit!cation had to be commenced, but that's the situation that we're facing now. If there's 9oin9 to be a solution I suggest that the attorneys be contacted and the parties sit down, and have meaningful discussions. SUPERVISOR 'HARRIS: Thank you, Matt. Is there anybody else that would like to speak at this time, that has not spoken yet? LINDA FLETCHER: Good evening. My name is Linda Fletcher, and I live in New Suffolk, and I really have a question for you, Supervisor Harris, regardin9 state- ments that have made for the past three years, since 1990, and I have a statement here from January of '92, and as recently as last week, regarding legislation in the Town that would prohibit fast food restaurants from comin9 in, and three years ago you mentioned that you were goin9 to look into this, and do somethin9 about trying to draft some legislation to do that, and it's three years now, and nothing's happened, and I'd love to know why. SUPERVISOR HARRIS: Well, a lot of things have happened, Mrs. Fletcher, and 1'11 turn that over to the Town Attorney again to explain. LINDA FLETCHER: I'd like to ask you. You're the one that made the statement. SUPERVISOR HARRIS: I'm turning this over to the Town Attorney who has been working on this on behalf of the town. Mr. Kiernan? ASSISTANT TOWN ATTORNEY KIERNAN: Linda, I think what Scott is referring to is the Supervisor is on record as asking the Town Attorney's Office to draft the appropriate legislation to zone out fast food restaurants in the town, and Mr. Arnoff attempted to do that, and he discovered in the course of his research, and his working on the topiC, that he ran into constitutional problems. It's unfortunate that Mr. Arnoff is not here to discuss this. Of course, as you know, he's available, and you could certainly speak to him at any time. I think the problems that Harvey ran into was how do you di_f~erentiate between other fast food restuarants that may exist in town now, and hoW to come up with a workable definition of a fast food restaurant. I think the main concern that we heard at that time was how to zone out really drive-~i through restaurants, and not technically fast food restaurants. In looking at that, Harvey expressed the concern that you may have drive-through windows with banks,.. and how do you treat the two of them differently, and would the Town be subject to attack if it endeavored to do that. So, let me suggest that-you contact Mr. Arnoff either here, or in his office in Riverhead, and I'm sure he'll be glad to give you an appointment, and 9° over your concerns with you. LINDA FLETCHER: They've done in California. They've done in Ashland, Oregon, and I want to know why we can't do it here. I'm tired of hearin9 about unconstitu- tionality. If other places can find the will to do it, why can't we? ASSIST~,NT TOWN ATTORNEY KIERNAN: Linda, I suggest.. LINDA FLETCHER: Let me finish, please. There are petitions in the ZBA, and in the Plannin9 Board this thick of people who don't want this kind of development in this town, and for three years nothing has happened. Status quo. ASSISTANT TOWN ATTORNEY KIERNAN: I think you'll find support on that from the Town Board as well. I think the problem came across in the research that Mr. Arnoff has done. If you're sincere in your belief that you'd like this zoned out of the town, and you'd like to know the reason why it hasn't been, I suggest you contact Mr. Arnoff, and get an appointment with him. I don't think this answer lies on this Town Board. LINDA FLETCHER: When we've been told that this is what is going to be done, that he was going t° look into this, and have legislation drafted.. SUPERVISOR HARRIS: It has been,, Mrs. Fletcher. LINDA FLETCHER: You've drafted nothing. SUPERVISOR HARRIS: It's been looked into, Mrs. Fletcher. I'm sorry you don't accept the answer. The Town Attorney gave you a very good answer tonight. You have the opportunity to talk to the Town Attorney. Please do so. LINDA FLETCHER: I will. SUPERVISOR HARRIS: Is there anyone else at this time before we adjourn? VIRGINIA MOORE: My name is Virginia Moore. I live in Southold, not far from Hommel's Pond. As you all know Hommel's Pond is up for sale. It's several pieces, and I did have the particulars on it, but I know longer do. I was very pleased to see in a springtime issue of the paper, that Supervisor Harris was in favor of the Town buying Hommel Pond. I had to leave town for several months, and I'm only recently returned, and I .wonder what the statis of that is. You know how important it is to whole town as a ice skating rink in the winter, and a fishing pond in the summer. SUPERVISOR HARRIS: The Town Attorney was in contact with the owners of that property. No negotiations have started yet. We're waiting for the attorney on their side to get in contact with our attorney, so we can look into the possible purchase of it. There was a parcel also to be dedicated to the town, that was adjacent to that in reference to I think a parcel that was just developed, or subdivided, and so at the time they were going, to donate or designate that parcel to the Town of Southold. It was also brought up about why not include it with Hommel Pond as a possible acquisition also, and we are still pursuing that with the open space money that we have available. PHIL VANBOURGONDIEN: Phil VanBourgondien. Southold. Good evening, ladies and gentlemen. I was pleased to note tonight the mention that you made about the Police dog, and I was very, very upset when I read about what happened through the, the word doesn't come to me, but upset when I read what happened to one of the senior citizens recently as a result of the ticket. I have no fault to find with most of the Police Department in the Town of Southold. We have some very fine Officers. They're friendly. They're courteous. They're helpful, and then we have the other kind, and that's the ones that disturb me the most. You can say if want tonight, and I would expect that that might come from the Board, that, well, you know they're fulfillin9 their role of the laws. They are seein9 that the laws are upheld. I know, and you know, we all know, that the laws of the Town of Southold, and every town and village, are bent seven days a week. They're bent. Just two weeks ago a retired law enforcement officer stood right here, and had a complaint about the very same thin9, That in a small Police 'Department there's too much family, and friends, and 9ood old boy, 9oing on, and that:s why nothin9 got done in his neighborhood, and before you were born, just about everybody there, I lived under a village police department, and it was good one, and it worked well, and for some reason or other the people chose to Suffolk County Police Department. Mistake, major mistake, the biggest mistake of their life. For the past eighteen years [ have lived here in the Town of Southold with the Town departmnet, and it's nice to see that it works, but it could work a lot bet.ter. In my dealings with the employees here in (he Town Hall, I find nothin9 but the best of service, courtesy, friendly, and informative, and many of the Police are that way, and particularly Pete Grattan, v~ho is up here on the Main Street on weekends. That man is an asset to you, and me, as taxpayers in th'is town, He does more to cultivate friendship, and then you 9et a I~iece in the paper a week ago, or two weeks ago, that you have no idea, I don't think any of you how disturbed the taxpayers are in the Town about that particular case, and I think that maybe there's room for possibly educatin9 the Police Department into how to be more aware of who's payin9 their salaries. They 9or a nice contract not Ion9 ago, a real nice contract, at a time when everybody else is bitin9 the bullet, and are they doing anythin9 more for that, than they've done? Boy, it sure doesn't look it with this last affair. It's terrible. It's stands some instruc~ion~ in diplomacy, judgement, and common sense, and I'm talkin9 about the ones tl~at aren't at the top of the force. Thank you. / SUPERVISOR HARRIS: Thank you, Mr. VanBourgondien. Mr. Carlin. FRANK CARLIN: Frank Carlin. Thinking on what this gentleman was just saying here, when you do these checks, I guess they do them in other places, but they do then right by my house, right in front of my house, when they stop people for safety belts, and I got one thing against Southold Police Department. I think they're doing ~good job, but to me if you're going to stop, stop everyone. What I'm saying is, how they do this, and I sat outside my stand, and I watched them. I watched them for two, or three hours, doing this. They come there sometime with two police- man, n~aybe three, and they start to stop the cars. When they get so many built up the.~ all go, and write tickets, and the rest of the cars are 9oing by. So, if you'rellucky enough to meet that cycle there you get by without being ticketed. That's not fair to me. If you're going to do it, do a complete inspection. In this one pa'ticular case, 1 guess, this person wasn't that fortunate. See this is what l'm sa, lng, in other words, what I say is, at least if they can afford, maybe they can't, ~ave at least four Policeman there, or you only need one to stop cars, and three friting, but at least have one always, always, out on that road checking for the be ts. Don't disappear everybody, and start writing tickets, because they got maybe ten cars lined up, and got nobody checking cars that all goin9 by. I don't think t~ey check the trucks half of the time anyway. This is what I'm trying to day on this. 'It's just a suggestion. There's no criticism to the Police Department, but thi is what I see with my own eyes, done right in front of my house. I can't help se it. YOU know, if you're going to do a check, do it 100%, and include every- one, n( the ones that are fortunate to get by, and the unfortunate ones who will go by, and the cops are out there stopping them. Either stop everybody, or don't stop arybody at all. I'm going to make this quick, Scott. When you settle this fast food restaurant (tape change.) and it was voted down. All this back and forth arguement, get it on a ballot, a referendum, once and for all, and the case is settledt One more thing. I'm a raspberry grower. Techinally when'l get rid of my old rasl~bsrries, I'm supposed to burn them on account of diseases, agricuture, they carry ,~iruses, and years ago when the Mattituck Fire Department sent out for a donatioh, they would send you a automatic burning permit. You sent the donation, you had your permit. They don't have no more permits. They don't give out permits anymore. Fortunately you people still have it on the books, that you can burn. I wrote to the Agriculture Department for an application for a permit to do this, When I read the permit they wanted to know what time of the day, how much you going to burn; when you're going to burn. I don't know when I'm going to burn, how much I'm going to burn, what time of the day. I have to burn when the weather is right. I might put down today, ii could be a week from now. So, I gave it up. I take it to the dump now. Myself I don't.see nothing wrong with burning in a barrel provided it's controlled, it's sensible, and it has screen on it, and I suggest to the Town Board keep the rule, or the way it is now, because sensible, there's nothing wrong with it, if it's done in a sensible way, provided you put a screen on it. I suggest to the Town Board, leave it remain the way it is. SUPERVISOR HARRIS: Thank you, Mr. Carlin. If there's nobody else from the audience, is there anybody on the Board?. LOUISA EVANS: I just want to find out where the 911 stands for Fishers Island. Louisa Evans from Fishers Island. ~ want to know the Commissioners from the Fire Department wrote a letter back on the 25th of September, that they were upset with the 91t system, and I want to know where that stands now, if anything has been done. I think they asked for a letter back, a response: and has anything been done .about that yet? SUPERVISOR HARRIS: Judge Edwards, as you know, has been in contact with the Fire Departments. He's been to meetings over there in reference to it. He reported it to the Town Board at the last meeting. In reference to the Fire Department's wishes, the Town Attorney is also working on 911 scenario that exist right now, and that"s where we are with it. LOUISA EVANS: Thank you. SUPERVISOR HARRIS:' If there no one else at this time, any members of the Board? Just one final thing in closing, that I'd like to mention. Two things, first of all, next Tuesday at 10:30 A.M., we're going to have the grand opening, the ribbon cutting ceremony for the Human Resource Center, the new Human Resource Center in Mattituck. We're asking you all to attend, please, at 10:30 A.M., that's October 26th. Second, I would just like to commend the Landfill staff, also the Superinten- dent of Highways. I received this today from the Superintendent of Highways, and Jim Bunchuck. There was a surprise inspection on Friday by the DEC. Now, this is nothing unusual. The DEC frequently comes out, and does surprise inspections, and constantly writes up all landfills in this area with violations from blowing papers. You name it, there's alway something they find, and I'm pleased to announce that for the first time in the history of the Landfill, at least in the first time of anybody's recent memory, there were absolutely no violations found at the Landfill, as of last Friday,-and I think that's a great compliment to the staff of the Landfill, not only to those individuals, but for all the people who work at the Landfill, and keep it in an orderly fashion. These inspections included the facilities, management, operations control, water, access waste handling, and others. There's a whole checklist of things that they go through, so I just wanted to report that, and I thought that that should be something the people of Southold should know, that that's the first time we've never had any violations up at the Landfill with a surprise inspection. FRANK CARLIN: Scott, when will be the next Board meeting, Election Day? SUPERVISOR HARRIS: No, the next Board meeting is November 9th. Again, if there's nothing else at 'this time, 1'11 entertain a motion to adjourn. Moved by Councilman Penny, seconded by Councilman Wickham, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 9:05 P.M. Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Wickham', Councilman Penny, Supervisor Harris.' This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk