HomeMy WebLinkAboutTB-02/05/19913O2
SOUTHOLD TOWN BOARD
FEBRUARY 5, 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff (10:45 A.M.),
Assistant Town Attorney Matthew G. Kiernan, Town Clerk Judith T. Terry.
EXECUTIVE SESSION
9:30 A.M. - On motion of Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board enter into Executive Session. Vote of the Town
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham.---The Board met with William
Baxter, Sr. and his son, William Baxter, Jr., to discuss Mr. Baxter's proposal for
rental or sale to the Town of his building on the corner of Elijah's Lane, Mattituck,
for use as a Senior Center.
10:00 A.M. - Assessor Consultant Jack Sherwood and Principal Building Inspector
Victor Lessard met with the Board to review the suggested site for the Dog Pound
relocation. The site, a one acre parcel of Town property, on Long Island Sound, west
of Greenport, on the north side of Route 48, adiacent to Greenport Village property
known as "Clark's Beach". Mr. Sherwood and Mr. Lessard advised the Board they
felt the site is impractical. Only about one half acre of the site would be suitable for
building due to necessary setback to avoid the usual erosion problems. Furthermore,
it would be necessary to construct between 1200 and 1400 feet of roadway and run
utilities for that distance. The Board discussed the possibility of requesting the
Village to rent or make available a site in the same area, or possibly in the vicinity
of the scavenger waste plant, which would be in a wooded area, a considerable
distance from residences. Councilman Penny agreed to discuss the proposal with
Greenport Village Mayor Hubbard.
10:30 A.M. - For Discussion Items: (1) Set date to interview applicants for
Conservation Advisory Council vacancy: Beginning at 4:00 P.M., Tuesday, February
12, 1991. (2) Message from the Association of Towns urging the Town Board to write
to the Governor immediately and to communicate to our State Senator and
Assemblyperson about the importance of revenue sharing to our tOwn, and what the
loss will mean in terms of cuts in essential programs and services the Town provides.
Councilman Wickham volunteerer to draft a letter to be sent by the Supervisor. (3) To
be held for Executive Session appointment of a Board of Appeals member. (4)
National Estuary Program. County Legislator Fred Thiele, Jr. expected to meet with
the Board, but due to legislature business was forced to cancel. Councilman P~nny
advised that there is a leaning toward appointing local representatives to five out of
the nine positions on the Management Committee. (5) Letter from Greenport Village
Community Development Supervisor William Gillooly to Superintendent of Highways
Jacobs concerning landfill dumping charges of $6,078.40 to Sound Shore Excavation
while Sound Shore was working for the Village removing a demolished house on
Johnson Court and on Second Street in the Village. Councilman Penny said he would
request Mayor Hubbard to obtain a formal resolution of the Village Board requesting
an exemption of the fee. (6) Proposed Local Law for a Seasonal Lessee Landfill
FEBRUARY 5, 1991 3 03
Vehicle Permit (see resolution no. 29 setting public hearing). (7) Board reviewed
proposed new "Local Law in Relation to Peddlin9, Solicitin9 and Transient Retail
Merchants", which would replace the current Peddlin9 Ordinance in its entirety (see
resolution no. 30 setting a public hearing).
11:00 A.M. Insurance Consultant William F. Mullen, Jr. met with the Board to
discuss the use of a Town building at the Landfill by local fire departments as a
practice facility. The Town's insurance agent, Griffing & Southwick, Inc. had certain
~_questions for the Board which were discussed. Mr. Mullen will inquire of the
insurance carrier how much additional insurance coverage will cost.---Mr. Mullen spoke
about his concerns with respect to the use of the Recreation Building by other than
Town agencies. A current application for use of the building by outside groups does
not address insurance coverage, and a certificate of insurance covering the Town as
an additional insured by these groups has never been required. Mr. Mullen wii~ meet
with the Town Attorney and Recreation supervisor Reeves to revamp the form.
11:35 A.M. For Discussion Items (continued): (8) Letter from Thomas McCarthy
advising the Board he is in receipts of contracts for the purchase of the Cielatka
house, which was the subject of an unsafe building proceeding, and it is his intention
that upon signing the contracts and insuring the property to take the necessary steps
required to secure the building and premises. (9) Town Board reviewed proposed
"Local Law in Relation to Zoning Use Regulations" which addresses home occupation
and home professional offices, and upon the recommendation of Councilman Penny
referred it back to the Legislative Committee for final review. (10) Discussion with
respect to a change in the Town of Southold Benefit Booklet to state that an eligible
home health agency is one that is either licensed or certified, or both (see resolution
no. 27). (11) Recommendation from the Planning Board to release the performance
bond for Mount Beulah Acres (see resolution no. 31). (12) Receipt of the revised
DEIS for Jem Commons and Southold Commons to be referred to Cramer, Voorhis &
Associates for review (see resolution no. 34). (13) Councilman Wickham brought
several matters to the Town Board for discussion: Request to waive the landfill
tipping fee for the disposal of the remains of a house damaged by fire at Cutchogue,
owned by James Mason (the Board placed a resolution on the agenda, but withdrew
same until Mr. Mason submits a letter requesting the waiver) .--Proposal, with
agreement of the Task Force, for a Town-wide mailing with updated recycling
information.---Task Force agreed, and recommends that the Town prepare a by-the-
bag charge system which could be implemented immediately in the event that the Town
were to incur major costs in disposing of municipal solid waste. Councilman Wickham
submitted a copy of the January 28th minutes of the Task Force.
1:00 P.M. - Recess for lunch.
1:45 P.M. - Audit of outstanding bills.
EXECUTIVE SESSION
2:15 P.M. - On motion of Councilwoman Oliva, seconded by Councilwoman Latson, it
was RESOLVED that the Town Board enter into Executive Session. Vote of the Board:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff and
Assistant Town Attorney Kiernan.--The Town Board discussed personnel, appointment
of an individual to the Board of Appeals, and agreed upon Robert A. Villa (see
resolution no. 33), litigation, and possible purchase of property.
3:25 P.M. - The Board discussed several off-agenda items, including the July U.S./U.K.
Countryside Stewardship Exchange planning committee. The Board agreed that all
Town Board members would be on the committee, and the Planning Board, Board .of
Appeals and Town Trustees would be ask to designate one member to be on the
committee.
3:50 P.M. - The Board reviewed proposed resolutions for the regular meeting.
3:58 P.M. - Work Session adjourned.
304
REGULAR MEETING
A R.ec~ular Meeting of the Southold Town Board was held on Tuesday, February
5, 1990, at the Southoid Town Hall, Main Road, Southold, New York. Supervisor
Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Remain standing for a moment of silence for our troops
in the Middle East. Thank you. I need a motion to approve the audit of the
bills February 5th.
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund, Whole Town bills in the amount of $87,462.66; General Fund, Part Town
bills in the amount of $130,248.22; Nutrition Fund bills in the amount of $5,219.94;
Home Aide Program bills in the amount of $161.40; SNAP Program bills in the amount
of $780.19; EISEP Program bills in the amount of $48.80; Community Development
Fund bills in the amount of $946.24; Highway Fund Whole Town bills in the amount
of $18,233.83; Highway Fund, Part Town bills in the amount of $14,873.75; Gull
Pond Bulkhead Repairs bills in the amount of $113.02; Landfill Sand Capital Fund
bills in the amount of $867.50; Hydrogeolic Landfill Study bills in the amount of
$173.59; Land Acquisition Capital Fund bills in the amount of $1,076.85; Waterfront
Revitalization bills in the amount of $7,889.95; Employee Health Benefit Plan bills
in the amount of $46,633.65; E-W 'Fire Protection District bills in the amount of
$13,680.00; Fishers Island Ferry District bills in the amount of $16,383.70; Southold
Wastewater District bills in the amount of $9,630.43; Fishers Island Sewer District
bills in the amount of $105.00; Southold Agency & Trust bills in the amount of
$4,251.21; Fishers Island Ferry District Agency & Trust bills in the amount of
$416.90.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting of
Janaury 22, 1991.
Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the minutes of the January 22, 1991, regular Town Board meeting
be and hereby approved.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: Setting the next Board meeting date of February 26, 1991,
7:30 P.M., I need a motion.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the next regular meetinq of the Southold Town Board will be held
at 7:30 P.M., Tuesday, February 26, 1991, at the Southold Town Hall, Southold,.
New York
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I. REPORTS.
1. Southold Town Youth Board Report of Organization Meeting
2. Southold Wastewater Disposal District Audit Report for January 1, 1990
to December 31, 1990.
3. Southold Town Justice Court Annual 1990 Report of receipts and dis-
bursements, Justice Frederick J. Tedeschi.
4. Supervisor's Investment Activity Report for Quarter'ending December
31, 1990.
FEBRUARY 5, 1991
305
5. Southold Town Police Department Report for December, 1990,
6. Southold Town Building Department Report for January, I991.
7. Southold Town Clerk's Monthy Report for January, 1991.
8. Southold Town Recreation Department Report for January, 1991.
9. Southold Town Planning Board Monthly Report for January, 1991.
10. Justice Edward's Monthly Report for January, 1991.
11. Councilman's Report.
12. Supervisor's Report.
II. PUBLIC NOTICES.
1. Metropolitan Transportation Authority and Metropolitan Suburban Bus
Authority public hearing with respect to proposals to change passenger fares for
travel on the lines of the MSBA on February 21, 1991, at Nassau County Board
of Supervisors, One West Street, Mineola, N.Y., at 4:00 P.M.
2. New York State DEC Legislative public hearing on the Department's
proposed new 6 NYCRR Subpart 360-9, February 5, 1991, 8:30 A.M., NYSDEC,
Room 620, 50 Wolf Road, Albany, New York. Written statements may be filed until
February 19, 1991.
III. COMMUNICATIONS.
1. Bessie E. Swann, Executive Director of Community Action of Southold
Town thanking Supervisor Harris for attending the Martin Luther King, Jr.,
~ Service.
2. Jacquelyn L. Tuxill, 1991 Exchange Coordinator of the U.S./UoK.
Countryside Stewardship Exchange expressing his pleasure in meeting with the
Town Board, and working with them in the future.
IV. PUBLIC HEARING
1. 4:30 P.M. on a proposed "Local Law in Relation to Accessory Building
Setbacks".
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, we'll go out to the audience. Are there any
members of the audience, that have any questions on resolutions, that we'll be
acting in the next half hour or so? (No.response.) ,Hearing none, we'll move to
resolutions. We, also, have one public hearing, which is scheduled for today at
4:30 P.M. At this time, 1'11 start with Resolution #1 starting with Ellen Latson.
1.-Moved by Councilwoman Latson, seconded by Justice Edward, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Recreation Superviosr Kenneth Reeves to attend the February 27, 1991 Long
Island Recreation, Parks and Leisure Services Association conference at Melville,
New York, to use a Town vehicle for travel, and an advance fee check in the
amount of $15.00 for expenses; check made payable to LIRPLSA, charge to be made
to A7020.4, Recreation Administration, Contractual Expenses.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Olvia, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Elaine F. Kaldor, C.P.A., P.C. to make an audit of the books and records of
the Southold Wastewater Disposal District for the year ended December 31, 1990,
at a fee of $2,500.00, a'll in accordance with the proposal for same dated January
23, 1991.
2.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
3.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, a proposed Local Law No. 1 - 1991 entitled, "A Local Law in Relation
to Residential Recycling" was introduced at a meeting of this Board held on the
8th day of January, 1991; and
WHEREAS, a public hearing was held thereon by this Board on the 22nd day of
January, 1991, at which time all interested person were given an opportunity to
be heard thereon; now, therefore, be it
RESOLVED that Loca Law No. 1 - 1991 be enacted as follows:
LOCAL LAW NO. 1 - 1991
A Local Law in Relation to Residential Recycling
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended as fo lows:
1. Section 48-1 (Definitions) is hereby amended to read as follows:
REFUSE - Any human, animal or vegetable refuse, offal, swill,
cesspool and/or septic waste., sewage, garbage, paper, ashes,
junk, trash, rubbish, waste, or whatever material composed,
discarded machinery or parts thereof, discarded vehicles or
parts thereof and an unlicensed motor vehicle parked, stored or
standing outside an enclosed building in an inoperative
condition for more than thirty (30) days. REFUSE shall not
include cans, glass, plastics or newspaper as further defined
herein.
2. Section 48-1 (Definitions) is hereby amended by adding thereto
the following:
CANS - Shall be a recyclable and shall mean rinsed clean
containers with or without labels comprised of aluminum, tin,
steel, or a combination thereof, which contain 'or formerly
contained only food and/or beverage substances. CANS shall
not mean oil, paint, pesticide or aerosol cans.
GLASS - Shall be a recyclable and shall mean all clear (flint),
green and brown (amber) colored glass containers rinsed clean,
GLASS shall not mean wired glass, crystal, ceremics, plate,
window, laminated, mirrored glass, or light bulbs.
PLASTICS - Shall be a recyclable and shall mean all food,
beverage or household containers, such as: Soda, detergent,
bleach, milk, juice, shampoo bottles, cooking oil bottles,
rinsed clean. PLASTICS shall not,mean caps, appliances, plastic
with metal parts, six pack rings, biodegradable bags, disposable
diapers, pens, raqors, flower pots or bags, fiberglass, waxed
cardboard containers, vinyl or styrofoam.
NEWSPAPER - Shall be a recyclable and shall include unsoiled
newsprint and all newspaper advertisement. NEWSPAPER shall
not include phone books, junk mail, plastic bags, cardboard
boxes, brown paper bags, magazines, catalogs or glossies.
RECYCLABLE - Shall be any can, glass or plastic container or
newspaper as defined in this section.
RECYCLABLE WOOD - Shall be'
1. Clean untreated finished lumber products or remnants
containing no nails or other metals; or,
2. logs, not greater than four-feet in length and six
inches in diameter.
3, Section 48-3 (A) {Town Refuse Disposal Area) is hereby
amended by adding thereto the following:
A. RESIDENTIAL SELF-HAULERS
1. No cans as defined herein shal be deposited at any
Town of Southold disposal area unless such cans are
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cardboard, glass,
metal or paper. Such cans are to be deposited only at
designated areas within such Town disposal area.
2. No glass as defined herein shall be deposited at any
Town of Southold disposal area unless such glass is
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans cardboard,
metal or paper. Such glass is to be deposited only at
designated areas within such Town disposal area and
in the area designated for the particular color of
glass (i.e. clear, amber or green).
3. No plastic as defined herein shall' be deposited at any
Town of Southold disposal area unlesssuch plastic is
separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans, cardboard,
glass or paper. Such plastic is to be deposited only
at designated areas within such Town disposal area or
transfer station.
FEBRUARY 5, 1991
4. No newspaper as d~fined herein shall be deposited at
any Town of Southold disposal area unless such
newspaper is separated from any and all solid waste,
trash, rubbish, vegetative yard ~Waste, cans,
cardboard, glass or plastic. Such newspaper is to be
deposited only at designated areas within such Town
disposal area.
B.PRIVATE RESIDENTIAL REFUSE HAULERSiCARTERS
1. The owners or occupants of all residences within the
Town which utilize collection services provided by
persons licensed to collect refuse, pursuant to the
provisions of this chapter, shall place recyclabes in
separate, rigid containers at curbside for
collection on such day or days as the licensee serving
such residence shall designate.
2. It shall be unlawful for any person to place out for
collection any container in which refuse is mixed
with recyclables.
3. It shall be unlawful for any person to collect refuse
from a residence which is mixed with recyclables or
thereafter to commingle different types of recyclables
or to mix recyclables with refuse.
4. Recyclables collected by private residential refuse
haulers~carters and transported to the
landfill/collection center shall be deposited in areas
designated by appropriate landfill personnal.
4. Section 48-4 (B)(3) (Fees) is hereby amended to read as follows:
Wood, including but not limited to timber, logs, boards and
the like, unless such wood is designated by the
landfill attendant as rec¥clable wood.
5. Section 48-6 (A) and (B) (Penalties for Offenses) is hereby
amended as follows:
A. Illegal Dumping - Any person committing an offense of
illegal dumping under this chapter shall, upon. conviction
thereof, be guilty of a violation punishable as follows:
1. For a first offense:
a. A fine of not less than one thousand dollars
($1,000.) and not more than fifteen hundred
dollars ($1,500), or
b. Imprisonment for a term not exceeding ten days
(10), or
c. Community service of forty hours (40) to be
performed within thirty days (30) of the date of
sentencing.
2. For a second offense:
a. A fine of not less than two thousand five
hundred dollars ($2,500.) and not more than five
thousand dollars ($5,000.), or
b. Imprisonment for a term not exceeding thirty
days (30), or
c. Community service of one hundred and twenty
hours (120) to be performed within ninety days
(90) of the date of sentencing.
B. Recycling Offenses and other offenses - Any person
committing a recycling offense or any other offense
against this chapter other than an offense of illegal
dumping shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of one hundred
dollars ($100.) for each offense. Any person committing a
second and/or subsequent offense with twelve (12)
months of the date of the first offense shall be subject to
a civil penalty enforceable and collectible by the Town in
the amount of two hundred dollars ($200.). Such penalty
shall be collectible by and in the name of the Town for
each day that such offense shall continue.
II. This Local Law shall take effect upon its filing with the Secretary of State.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latsen,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
307
3 0 8 .EBRU^R 5, 1991
SUPERVISOR HARRIS: I would like to commend the Town Board, and the Task
Force for many, many months of diligent work, and coming up with this Local Law
in Relation to Residential Recycling. The Town has been a leader, all the time,
in the solid waste field, and continues to be so, and I think is iust one more
example of how diligent this town is, when it comes it to the solid waste matter
on a daily basis.
4.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a CSE Day Care Program budget
modification between the County of Suffolk and the Town of Southold, for the period
of April 1, 1990 through March 31, 1991, which modification results in a zero net
change.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Justice Ed.wards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
resignation of Phyllis Lombardi, an EISEP Aide, effective January 15, t991.
5.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $519.00 (47 tickets La $11.00 each + $2.00 postage
and handling fee) for the June 30, 1991 New York Mets bus trip; said charge to
be made to A7320.4, Joint Youth, Contractual Expenses; check made payable to
New York Mets.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Local Government Records Manage-
ment Improvement Fund Grants-In-Aid Project Application for a requested grant
of $17,583.75 for an Inventory and Planning Project for Town records through the
Town Clerk's Office, for the period of January 1, 1991 through June 30, 1992.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
8.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESQLVED that the Town Board of the Town of Southold hereby adoptes the follow-
in9 1991 Community Development Budget:
Home Improvement Program
Single Family Residential Rehabilitation $ 95,000.00
North Fork Housing Alliance
Special Projects by sUb-Recipient
Emergency Food Pantry, CAST 20,000.00
Administration 15,000.00
Senior Citizen Home Preventive
Maintenance Program 26,100.00
Cutchogue-New Suffolk Historical Council
Handicapped Ramp 2,000.00
Total $159,000.00
AND BE IT FURTHER RESOLVED that Supervisor Scott L. Harris be and he hereby
is authorized and directed to execute the Project Description for the 1991 Community
Development Budget.
8.,-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Justice Ed~wards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Andrew D. Stype, C.A.R., to conduct the following appraisal fori the
Southold Town Open Space Committee, at a fee of $800.00: Property of Thomas
Uhl (Flower Hill Building Corp.), Southold, New York, Tax Map No. 1000-69+3-10.1,
approximately 27 acres.
9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
FEBRUARY 5, 1991
309
10.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Terry Contractinq Co., Riverhead, New York, at a price of $6.74 per yard,
for supplying the Highway Department with 2,500 yards, more or less as may be
needed, of Screened Sand for Snow and Ice Removal, all in accordance with the
bid specifications.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
1.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Mullen Motors, Inc., Southold, for supplying the Highway Department with
three (3) 1991 4x4 Pick-Up Trucks, at a net price of $47,144.00 (3 - 1991 Vehicles:
$49~ 644. 00, less (4) trade-ins: ~2,500.00 = Net Cost: $47,144.00), al 'n accordance
with the bid specifications.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for repairs to the Caterpillar 816B
Compactor at the Southold Town Landfill.
12.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
13.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby cjrants permission
to Village Commons Health & Racquet Club, Cutchogue, to hold their fourth annual
North Fork Run and Ride Biathlon, beginning at 8:00 A.M., May 18, 1991, using
the public parking field located on the easterly side of New Suffolk Avenue, Cutchogue~
opposite the Cutchogue Fire House as the assembly point for the race, and the
following Town Roads for the Biathlon: New Suffolk Avenue, New Suffolk Road,
Grathwohl Road, North Street, Schoolhouse Road, Depot Lane, Horton Lane, Sound-
view Avenue, Mill Road, Bridge Lane, Oregon Road, provided they secure and
file with the Town Clerk a Certificate of Liability Insurance for at least one million
dollars naming the Town of Southold as an additional insured.
13.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
14.-Moved by Councilman Penny, seconded by'Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease extension agreemenl between
the Town of Southold and the Count,/ of Suffolk for the approximately 500 square
feet of office space in the Southold Town Hall used by the District Attorney's
Office, for the term of January 1, 1991 through December 31, 1991, at the annual
rental of $4,000.00 payable in advance in equal monthly installments commencing
on January 1, 1991, all in accordance with the approval of the Town Attorney.
14.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
15.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
approval of "The Town of Southold Hazard Communication Standard Written Proc~ram";
said approval is retroactive to June 1, 1990, the date of its acceptance and imple-
mentation by the Assistant Superintendent of Public Works, and shall be accomplished
by the signature of Supervisor Scott L. Harris on the Program's Policy Statement
page.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Oliva, 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 Decentralization Fund Agreement
between the Huntington Arts Council, Inc. and the Town of Southold, for a
$1,200.00 grant toward ten weekly concerts to be held on the Southold Town Green
during the 1991 summer season, and to be know as the "Summer Showcase Concert
Series", all in accordance with the approval of the Town Attorney.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the. bid
of Nytest Environmental Inc., Port Washington, New York, for performing Laboratory
Analytical Services in connection with the Southold Town L.andfill Hydrogeologic
Investigation, at a cost of $45,310.00; all in accordance with the recommendation
of Dvirka and Bartilucci, the Town's consulting engineers; and be it further
RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and
directed to enter into an agreement between the Town and Nytest Environmental
Inc. for the aforesaid services, all in accordance with the approval of the Town
Attorney.
17.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.,
This resolution was declared duly ADOPTED.
18.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of R&L Well Driliincj, Islip, New York, for Well Drillinc, t Serwces in connection with
the Southold Town Hydrogeologic Investigation, at a cost of $64,5:10.00; all in
accordance with the recommendation of Dvirka and Bartilucci, the Town consulting
engineers; and be it further
RESOLVED that Supervisor Scott L.. Harris be and he hereby is authorized and
directed to enter into an agreement between the Town and R&L Well Drilling! for
the aforesaid services, all in accordance with the approval of the Town AttOrney.
18.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: I might add, that the last two resolutions have all been
reviewed by our engineering firm, Dvirka and Bartilucci, and the bids specs gone
· I - i
over, and they're all acceptable, as far as references w~th each of these companes,
that have been submitting the bids, and have been accepted this afternoon.
19.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the application of Frank J. McBride for renewal of his sinql~ family
farm worker house trailer permit, for trailer located on the north side of Oregon
Road, Cutchogue, which permit expires on February 9, 1991, be and hereby is
9ranted for a six (6) month period.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,.
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman Penny, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby c~rants permission
to Recreation Supervisor Kenneth Reeves to attend the New York State Rec~-eation
and Park Society Conference to be held on April 7, 8, 9, 10, 1991 at the N!evele
Country Club, Ellenville, New York, and the use of a Town vehicle, as well as
the necessary expenses for meals, lodging, registration and transportation Shall
be a legal charge to A7020.4, Recreation Administration, Contractual Expenses;
and be it further
RESOLVED that the Town Board hereby authorizes advance fee checks in the amount
of $345.00 for hotel accommodations, and $93.00 for registration fees for the afore-
said conference; said charges to be made to A7020.4, Recreation Administralion,
Contractual Expenses; check made payable to the New York State Recreation and
Park Society.
2§.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor HarriS.
This resolution was declared duly ADOPTED.
21.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of South'old hereby appoints Robert
McCaffery as a part-time Gate Attendant at the Southold Town Landfill, effective
immediately, at a salary of $6.25 per hour.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
FEBRUARY 5, 1991
311
22.-Moved by Suoerwsor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Peter
Bubb as a Home Aide, effective January 28, 1991, 20 hours per week, $5.50 per
hour.
22.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Amended 3/12/91 by Resol. #5
?~3.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the oosition
of part-time Data Processincj Clerk in Central Data Processing, effective March
'5, 1991, and sets a salary of $7.50 per hour for said position.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
foll6win9 budget modification to the General Fund - Whole Town 1990 Budget to
provide for overdrawn budgetary line items:
To:
A1220.1 Supervisor, P.S. 10.00
A1220.4 Supervisor, C.E. 100.00
A1330.1 Tax Collection, P.S. 310.00
A1420.4 Town Attorney, C.E. 500.00
A1440.4 Engineer, C.E. 200.00
A1620.1 Buildings & Grounds, P.S. 20.00
A1670.4 Central Copying & Mailing, C.E. 100.00
A5182.4 Street Lighting, C.E. 1,000.00
A7550.4 Celebrations, C.E. 3,000.00
A8160.4 Refuse & Garbage, C.E. 15,000.00
From:
A1620.4 Buildings & Grounds, C.E. 3,000.00
A4010.~ Public Health, C.E. 5,000.00
A6772.4 Programs for the Aging, C.E. 12,240.00
u,.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
25.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
followin9 1990 Budget modification to the General Fund - Part Town to cover over-
drawn budgetary line items:
To:
B3120.1
B3120.4
B3130.4
B8020.4
From
B9010.8
B9030.8
B9060.8
Police, P.S.
Police, C.E.
Bay Constable, C.E.
Planning, C.E.
$ 60.00
15,000.00
500.00
13,000.00
NYS Retirement, Benefits $ 20,000.00
Social Security, Benefits 6,000.00
Hospital & Medical Insurance 2,560.00
25.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
26.-Moved by Supervisor Harris, seconded by the entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold accepts, with regret,
the resignation of Thomas E. Samuels, member of the Southold Town Solid Waste
Management Task Force since November 28, 1989, and expresses their sincere
appreciation to Mr. Samuels for the time and expertise he unselfishly devoted to
this committee.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
27.-Moved by Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a chancre
in the Town of Southold Benefit Booklet to state that an eligible home health
agency is one that is either licenses or certified, or both.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Counci woman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
312
FEBRUARY 5, 1991
Resolution No. 28 authorizing a waiver of a landfill fee was HELD.
29.-Moved by Counci woman Latson, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Loca Law entitled, "A Local Law in Relation to Lessee Landfill Permits;
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P'.M., Tuesday, February 26,
1991, Southold Town Hall, Main Road, Southold, New York, as time and place for
a pul~lic hearing on the aforesaid proposed Local Law which reads as follows, to
wit:
A Local Law in Relation to Lessee Landfi I Permits
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 48 (Garbage, Rubbish and Refuse) of the Code of the Town
of Southold is hereby amended as follows:
1. Section 48-4(A)(2) (fees) is hereby amended to read as
follows:
2, Lessee landfill permit: for noncommercial vehicles of less
than one-ton capacity owned by a lessee in the Town of
Southold and transporting only household refuse, provided
that such vehicle displays a valid lessee landfill permit
issued in accordance with the following:
a. A lessee landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who lease or rent property within the Town of
Southold but do not quality as residents as defined in
Section 48-4(A)(1) hereof. Persons applying for a
lessee landfill permit shall present an application in
affidavit form, signed by the lessee and the owner of
the property, setting forth:
1. The location of the leased or rented property.
2. The persons occupying the same.
3. The term of such tenancy.
b. Upon a determination by the Town Clerk or person
designated by her that the applicant is entitled to a
lessee landfill permit and upon the payment of the
permit feet, such permit shall be issued and inscribed
with the vehicle license registration number and shall
be affixed to the vehicle in the same manner as
provided in Section 48-4(A)(1)(c) hereof.
c. The fee for the issuance of a lessee landfill permit
shall be twenty-five dollars ($25.).
2. Section 48-4(A)(3) is hereby amended to read as follows:
Per-load fee of two dollars ($2.) for each noncommercial
vehicle of less than one-ton capacity which possesses no
permit.
3. Section 48-4(A)(4) is hereby amended to read as follows:
Per-load fee of twenty-five dollars ($25.) for each
single-axle truck which does not possess a permit.
4. Section 48-4(A)(5) is hereby amended to read as follows:
Annual fee of fity dollars ($50.) for each commercial
vehicle transporting liquid septic waste, together with an
additional fee of two cents ($0.02) for each gallon of
liquid waste discharged.
5. Section 48-4(A)(6) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each commercial
contractor's vehicle of less than one-ton maximum gross
vehicle weight.
6. Section 48-4(A)(7) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each farm vehicle of
one-ton or more capacity transporting agricultural waste.
7. Section 48-4(A)(8) is hereby amended to read as follows:
Per-load fee of fifty dollars ($50.) for each double-axle
truck which does not possess a permit.
8. Section 48-4(A)(9) is hereby amended to read as follows:
Annual fee of two hundred dollars ($200.) for each
single-axle vehicle transporting solid waste (garbage).
9. Section 48-4(A)(10) is hereby amended to read as follows:
Annual fee of two hundred dollars ($200.) for each
commercial contractor's vehicle of more than one-ton
capacity.
F
FEBRUARY 5, 1991
313
I0. Section 48-4(A)(11) is hereby amended to read as follows:
Annual fee of five hundred dollars ($500.) for each
double-axle and/or compactor-type vehicle transporting
solid waste (garbage).
11. Section 48-4(A)(12) is hereby adopted to read as follows:
Annual fee of five hundred dollars ($500.) for each
commercial contractor's double-axle and/or tractor-trailer
combination of more than one-ton capacity.
I1. This Local law shall take effect upon its filing with the Secretary of State.
-'~9.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
30.-Moved by Supervisor Harris, seconded by Justice Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local Law in Relation to Peddling, Soliciting
and Transient Retail Merchants"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, February 26,
1991, Southold Town Hall, Main Road, Southold, New York, as time and place for
a public hea.rinq on the aforesaid proposed Local Law which reads as follows, to
wit:
A Local Law 'n Relation to Peddling, Soliciting and Transient Retail Merchants
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold
~s hereby deleted in its entirety, and a new Chapter 69 (Peddlers, Solicitors
and Transient Retail Merchants) is hereby adooted to read as follows:
1. Article I (Licensing and Regulation) is hereby adopted to read as
follows:
Section 69-100. Legislative intent.
The purpose of this Article is to prevent business practices
of peddlers, solicitors and transient retail business, from existing in
the Town of Southold with certain exceptions, as otherwise
provided herein, by providing for the registration and regulation of
the conduct of certain peddlers, solicitors and canvassers and otherwise
eliminating such paractices.
Section 69-101. Definitions.
PEDDLER - A person who goes from place to place.by traveling on foot
or by any type of conveyance on the streets or from house to house,
carrying, transporting or conveying goods, wares, mershandise, foods,
farm products or provisions, offering and exposing the same for sale
or making sales and deliveries to purchasers, or who solicits orders
and, as a separate transaction, makes deliveries to purchasers. The
word "peddler" shall include the words "hawker" and "huckster".
PERSON - Includes the singular and the plural and shall also include
and mean any individual, firm, partnership, corporation, voluntary
associaition, incorporated association, club, society or other
organization and any officer, employee or agent thereof.
SOLICITOR and/or CANVASSER - Any person who goes from place to
place or house to house, or stands in any street or public place,
taking or offering to take orders for goods, wares or merchandise,
except as hereinafter exempted, or for services to be performed in the
future, or for making, manufacturing or repairing any article or thing
whatsoever for future delivery.
TRANSIENT RETAIL BUSINESS - A retail or wholesale business
conducted in a temporary structure or tent; from a truck, van or
trailer; on a parking lot or vacant parcel of land; on a part of public
right-of-way; or in any other place for a temporary period of time.
Lack of a rental or leasing agreement of three (3) months or more
duration, sealed by monetary consideration, shall be presumptive of
a temporary situation. The type of merchandise being offered for sale
will have no bearing on the designation.
Section 69-102. License required.
It shall be unlawful for any peddler or solicitor to sell or dispose
of or to offer to sell or dispose of any goods, wares or merchandise
within the Town of Southold or to solicit or act as a solicitor from
door to door within the Town of Southold, without first registering with
the Town Clerk of the Town of Southold as provided in this Article
and obtaining the license prescribed.
Section 69-103. Exemptions.
A. The requirements of this Article as to the payment of a license fee
(but not as to registration) shall be held not to include the
following persons, who are expressly exempt from its application:
(1} Any person honorably dischargec~ from the United States
Army, Navy, Air Force or Marine Corps or other components
of the military forces of the United States.
(2) Persons engaged in delivering merchandise or any nature
whatsoever on regular, scheduled routes to regular customers,
including specifically but not limited to persons delivering
dairy products, bread and other merchandise over such
routes; and, with respect to persons mentioned in this
subsection, they shall be exempt from all requirements of
this Article relating to the payment of the license fee or
license fees, terms and conditions.
B. This Chapter shall not apply to any of the following:
(1) Sales conducted pursuant to statute.
(2) Sales conducted pursuant to the order by any court.
(3)Any person selling personal property at wholesale to dealers
in such articles.
(4) The sale of fruits and vegetables raised on the property where
being sold.
(5) Any honorably discharged member of the United State Armed
Forces who has procured a license under Article 4 of the
General Business Law of the State of New York.
(6) Persons soliciting, collecting or operating a sale on behalf
of any local bona fide charitable, religious, patriotic or
other organization of worthy cause deemed to be in the public
interest and which organization is r_epresented locally by a
Town resident.
(7)Any person selling personal proerty at a garage sale held
at his residence.
(8)The sale of newspapers.
(9)Any merchant having an established place of business within
the Town of Southold.
Section 69-104. Permitted activities.
The following activities shall be the only activities which can be
licensed pursuant to this Article.
A. ThE sale of ice cream, milk and other dairy products.
B. The sale of hot dogs, soda and other items customarily found on
hot dog vendino trucks.
C. The operation of coffee trucks and the sale of goods ordinarily
associated therewith.
D. Ail other businesses herein above defined as transient retail
businesses shall be illegal in the Town of Southold.
Section 69-105. Application for license.
Any person desiring a license under this Article shall first
register with the Town Clerk of the Town of Southold and shall file
with said Town Clerk an appication in writing containing the' following
information:
A. The name of the applicant.
B. Permanent home residence.
C. The name, address and telephone number of the person from whom
goods making up the stock, if any, were or are to be purchased.
D. Three (3) bona fide business references.
E. The place or places of residence of the applicant for the next
preceding three (3) years.
F. Two (2) recent photographs of the applciant, approximately two
and one-half by two and one half (2 1/2 x 1 1/2) inches in size,
together with a complete set of fingerprints.
G. A description of the goods, wares or merchandise to be sold and
offered for sale and/or the purpose of his proposed canvassing or
solicitation.
H. The length of time for which the license is required and
registration is to be effective.
I. Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or
convicted, the date of conviction and the' place where said
conviction was had.
J. To said application, and as a part thereof, there shall be attached
a letter from the firm or corporation for which the applicant
works, authorizing applicant to act as its representative,
K. A statement by a reputable physician, dated not more than ten (10)
days prior to the submission of the application, certifying the
applicant to be free of contagious infections or contagious
diseases.
L. An authorization certification from the New .York Sales Tax Bureau.
FEBRUARY 5, 1991
315
Section 69-106. Investigation of applicant.
Each aoplication shall be referred to the Police Department, who shall,
without delay, institute such investigation of the applicant's
business and moral character as it deems necessary for the protection
of the public good and complete the same within a reasonable time. No
license shall be issued until the application shall have been approved
by the Police Department. The approval or rejection shall be endorsed
on the application by the Chief of Police or officer in charge.
Section 69-107. Recording and reporting of licenses.
A. The license shall be issued on forms drawn in accordance with this
Article. They shall be consecutively numbered and shall contain
spaces for the insertion of the name, location of the business and
amount of fee paid.
B. There shall be kept in the office of the Town Clerk the necessary
books for recording the time the application was received, showing
whether it is an application for a new or renewal license, the
name of the licensee, the date of approval by the Town Clerk, the
amount of fee received therefor and the date when the license was
issued.
C. Every person holding a license under the Article shall be required
to have in his possession the license at all times while actually
engaged in peddling.
Section 69-108. Fees.
A. The non-refundable fee for each license application pursuant to
this Article shall be two hundred dollars ($200.) per year
or fifty dollars ($50.) per day or fraction thereof.
B. Licenses shall be issued on an annual basis and shall expire on
December 31 of the year of issuance.
Section 69-109. Restrictions.
A hawker, peddler or solicitor shall.
A. Not engage in such business at any time between the hours of 8:00
p.m. and 9:00 a.m.
B. Not willfully misstate the quantity or quality of any article
offered for sale.
C. Not offer for sale any unwholesome, tainted deleterious or diseased
provisions or merchandise.
D. Keep the vehicles and receptacles used by him in a clean and
sanitary condition and the foodstuffs and edibles offered for sale
well covered and protected from dirt, dust and insects.
E. Not call attention to his goods by blowing a horn, by ringing a
bell other than a house doorbell, by shouting or crying out or by
any loud or unusual noise.
F. Not stand or permit the vehicles used by him to stand in one (1)
place in-any public place or street for more than ten (10)
minutes, or in front of any premises for any time if the owner or
any lessee of the premises objects.
G. Not create or maintain any booth or stand or place any barrels,
boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares
or merchandise.
H. Not engage in such business within five hundred (500) feet of any
school between the hours of 7:00 a.m. and 4:00 p.m. on school days.
I. Not sell or peddle prepared foods of any kind, including ice cream,
confectionery, beverages, prepackaged snack foods, hot dog,
hamburgers and other sandwiches, on any tow beach upon which
is located a concession stand operated under an agreement with
the town, or on any parking area adiacent thereto.
Section 69-110. Revocation and suspension of license; hearing.
A license may be revoked by the Town Clerk or the Chief of Police
by reason of violation or the terms of the license, the violation of
any Town ordinance or state or federal statute or fasification or
fraud in applying for the license. The licensed pecson may, upon
making application to the Town Clerk in writing, request a hearing
by the Town Board upon the revocation or suspension of the afore-
said license.
Section 69-111. Signs.
Appropriate signs, as the Town Board of the Town of Southold shall
deem necessary, shall be erected by the Highway Department of
the Town of Southold at such places within the Town of Southold
as the Town Board directs, advising of the existence of this Article.
Section 69-112. Violations and penalties.
Any person required by th~s Article to procure a license who violates
it terms or who violates any of the provisions of this Article shall,
upon conviction thereof, forfeit and pay not less than five hundred
dollars ($500.) or more than two thousand five hundred dollars
($2,500.) for the first offense and no less than one thousand dollars
($1,000.) or more than five thousand dollars ($~;,000.) for the second
or any subsequent offense.
2. Article II (Entrance onto Private Property) is deleted in its entirety
and a new Article II (Canvassing for Religious Purposes) is hereby
adopted to read as follows:
Section 69-200. Nonapplicability of other provisions.
The provisions of Article ! of this Chapter shall not apply to
persons who distribU~te religious literature or who solicit contributions_
for such purposes with the Town of Southold.
I1. This Local Law shall take effect upon its filing with the Secretary of State.
30.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
31 .-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
release of the $20,000.00 performance bond posted for roads and improvements in
the "Mount Beulah Acres" subdivision, situated at Southold, all in accordance with
the recommendation of Superintendent of Highways Raymond L. Jacobs, and the
Southold Town PlanningBoard.
31 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
32.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position
of Site Plan Reviewer, sets an entry salary for said position at $24.966.00, and
authorizes and directs the Supervisor to request a SUffolk County Department of
Civil Service Certification of Eligibles List for said position.
32.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
33.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert
A. Villa a member of the Southold Town Board of Appeals, effective February 6,
1991 through April 19, 1995, at a salary of $6,686.00 per annum.
33.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
34.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby requests Cramer,
Voorhis & Associates to review the revised Draft Environmental Impact Statement
with respect to the E. M. Kontokosta change of zone petition (Southold Commons),
and the revised Draft Environmental Impact Statemnt with respect to the Jem Realty
Co. change of zone petition (Jem Commons), to determine whether the documents
have been revised in accordance with the recommendations of Cramer, Voorhis and
Associates, dated November 12, 1990 (Southold Commons), and November 13, 1990
(Jem Commons).
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
35.-Mo~ed by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby engages the
services of Lewis Edson, at a fee of $100.00, to condu~t an appraisal of the property
of Devaaka Realty Co., Inc., Main Road, Mattituck, New York (tax map no. 1000-
114-12-3.1).
35.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
FEBRUARY 5, 1991
317
SUPERVISOR HARRIS: Before we go into the public hearing at 4:30 is there any
member of the audience, that would like to address this Board on any matter, that
may be of concerned? Yes?
EDWARD SIEGMANN: Edward Siegmann. Mattituck. Good afternoon. I want to
talk to you for a few minutes on taxes. We see the Federal government is saying,
that they no longer can pay for certain things, and they're passing the costs down
to the State. The State now says that we can't afford to pay for them, so they're
passin9 them down to the County and the Towns. When they pass it down to the
County and the Town, it automatically takes it off of being paid by income tax, and
it puts it on the property tax base. This is 9oing to have a terrific impact on
the people out here, because if you take..I just want to take the school tax alone
at the moment. If you take what Cuomo is suggesting to have a $1,182,925 decrease
in our State Aid next year, or the schools from Laurel to Greenport. I don't have
Oysterponds, and I don't have New Suffolk. I wasn't able to get those ratings.
But, that's going to add another $1,000,000 to the property taxes out here. When
this happens a lot of these for sale signs, that I see, are 9oing to double because
when they know they're faced with the garbage situation, where eventually it's
9oing to cost them something, whatever figure X is. I feel very strongl¥ the school
taxes should be taken off the property tax rolls. I don't care how it's paid for.
There are several different it can be paid. I prefer income tax. The reason I
prefer income tax is that when New York City found themselves in a position, that
they didn't have enough money for education, they went to the. State. They asked
the State to give them permission to have a income tax. Everybody that works
in the City of New York now, that travels from Nassau and Suffolk County,
Connecticut, Massachusetts, Jersey, wherever it is, help pay for the education
of the people in the City of New York. If Suffolk County, and Nassau County,
were to make an income tax, at least the people that come from the city, and come
out into Suffolk County, and come into Nassau County, and Suffolk County to work,
they would have to shoulder part of that burden, plus the fact, the overwhelming
one is the fact, that the way the taxes are paid now is completely unfair. Two
houses along side of one another, which you've heard me say before, $20,000
income in the one, $200,000 income in the other, and the two of them are paying
the same amount of taxes. How it's been able to exist this Ion9 is for only one
reason. It's because everybody knows, that it's right to change it, but nobody
wantsto do it, because of the political outfall, what ever happens from it. I would
like to suggest, that this Town Board, if they realize this to be a fact, that you
should sign a petition Which says, that you feel what's happenin9 on taxes, because
of this boom boom boom from the Federals to the States coming down ',to here, and
because of this happening, that it's really creatin9 a problem for the people that
pay taxes out here, and that you ~ould like to also see the school taxes taken off
of the property tax rolls. Now, I know you don't have anythin9 to do with school
taxes, but somewhere along the line, somebody away from the school has to start
the ball rolling to try to brin9 this about. I'm going to attend the meetings of
the four school districts from Laurel out. I'm 9oin9 to try to convince their school
boards to sign the same sort of petition. I believe that those people have to realize
that it is unfair the way the taxes are being paid. I know there's going to be
opposition to it from people, who earn high salaries, that will eventually have to
pay more, then the poor guy at the bottom of the list, that maybe has a $12,000
income, and no one can say that this is senior citizen versus the community, because
when you do it by income tax, you will, also, be helpin9 the young people in this
town, the ones that are just getting started. If their incomes are small, they'll
benefit by the fact, that it was put on an income tax basis, also. That's number
one, that I wanted to talk to you about, and I'm sure you understand the request,
that I'm asking, how you would word the petition is strictly up to you, as long
as I feel it would contain the understandin9 in it, that school taxes should be
removed from the property tax rolls. Next thing l'd like to talk to you about,
it deals with money, also, is we know the Federal 9overnment is up there with
their eyeballs in debt, because they've mortgaged the country for years now.
That the next generation is going to pay. The next generation is going to pay,
and it's finally catchin9 up to them, where there's going to be ho.generation to
pay. The State has done the same thing, that's why they're in the problem they're
in, and some of the things that I see taking place out here in Southold, gives me
the feeling that you're coin9 down the same path. If you're going to mortgage
this, and mortgage that, take bonds out on this, and bonds out on that, eventually
you're going to be in the same position that the Federal government and the State
is in. There's only one difference, when you get in that position there's no place
for you to turn to, to say to the guy, whoever's keeping the score down below,
hey, this is your problem now, you take care of it. It's 9oing to be your problem.
You won't be able to pass it on to anybody else, and if you have any...let me
give you a couple of examples of what I'm talkin9 about. Number one, I'm talkin9
about the $175,000 for the parkin9 lot in the back here. I've done some investigating
3 1 8F..RU^R¥ 5, 1991
over the last couple of weeks, and from real estate I'm told that about $180,000
would be the top price for a half acre of property on the Main Road. This sure
as hell is not a piece of property on the Main Road. How it's worth $175,000 is
something I don't understand, and I think there's a lot of other people in the town,
who don't understand. Another example, you paid $140,000 for a piece of property
around Lake Marratooka, that you paid to the Norris family. I picked up a copy
of the blue prints of that property. That blue print must have been made years
ago, when the water was way down to a level, that sure as hell doesn't exist today.
If you walk down there today, and you try to compare that blue print with the
piece of property, there is not the land there that blue print says. In fact, the
water practically comes down to the road in many instances. For anybody to feel,
that they bought this piece of property because people will have the right to look
at birds feeding, or something else happening in the water of Lake Marratooka.
Let me point out to you there's not a spot down there, that you can park a car.
The road is a S-turn going through there, and even if that property had been
left alone, and nobody bought it, the people would have still been able to look
into Marratooka. I'm not saying, that maybe this wouldn't be a bad buy in another
time. I'm saying the time is not right to do things like this. You know what the
situation is outside. You kn0wwhat the people are earning in a lot of instances.
I think you have to start looking at things in a different way, then you are. You
might have to put off a year or two, or maybe even three or three years, or some-
thing you may feet is neccessary to do now, and not do it at the present time.
I've got another example, if you paid $400,000 for that Baxter building down there,
to move the Nutrition Center, I don't buy that the Nutrition Center might nOt..maybe
it should be moved, and maybe in the long run you would be cheaper off by having
your own building, then paying rent, but if you have to get a bond issue, or if
you have to mortgage in order to do it at the present time, I think it's the wrong
time to do it. I understand there's a possibility that you may be able to, even
look at the Tolendal property. If you looked at the Tolendal property, and if that
property was somewhere in the neighborhood of $750,000, again, I would think
it's the wrong time to do it. Maybe you can do it after you solve some of the tax
problems, but I don't think you can do it at the present time. The last thing
I would like to do is ask you a question. If I had to dig a well at home, it would
cost me about $3,000. A pair of wells, I'd say maybe go for $6,000..1'm going
tops now..l'll make a well where I can keep my well outside. I don't have to put
it in the house. Maybe it will cost me $5,000 to go 65 feet. I read in the paper
$400,000 for six pairs of wells to be built up at the landfill, and again, I don't
have any quarrel about you maybe needing wells up at the landfill to get water
out of there, and find out why..whether it's neccessary, whether you're polluting
the water up there, or if you aren't polluting the water up there, but I wish
somebody could explain to me why it would cost $400,000 to dig twelve wells up
there. Thank you.
SUPERVISOR HARRIS: Thank you, Mr. Siegmann. Would you like any of those
questions addressed?
EDWARD SIEGMANN: l would like the last one.
SUPERVISOR HARRIS: We have a public hearing scheduled now. After we get
done, we'll be glad to address some of your concerns. At this time, I need a
motion to recess the regularly scheduled Town Board meeting for a public hearing.
Moved by Justice Edwards, seconded by Councilman Penny, it was "-
RESOLVED that a recess be called at this time, 4:30 P.M., for the purpose of
holding a public hearing.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Meeting reconvened at 4:35 P.M.
SUPERVISOR HARRIS: We need a motion to adopt the Local Law.
Moved by Councilwoman Oliva, seconded by Councilman'Wickham,
WHEREAS, a proposed Local law No. 2 - 1991 entitled, "A Local Law in Relation
to Accessory Building Setbacks" was introduced at a meeting of this Board held
on the 8th day of January, 1991; and
WHEREAS, a public hearing was held thereon by this Board on the 5th day of
February, 1991, at which time all interested persons were given an opportunity
to be heard thereon; now, therefore, be it
RESOLVED that Local Law No. 2 - 1991 be enacted as follows:
FEBRUARY 5, 1991
319
Loca Law No. 2 - 1991
A Local Law in Relation to Accessory Building Setbacks
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
as follows:
1. Section 100-33(B) (Setbacks) is hereby amended to read as fo lows:
1.On lots containing up to twenty thousand (20,000) square feet,
such building shall be set back no less than three (3) feet from
any lot line.
2. On lots containing more than twenty thousand (20,000) square feet
up to thirty-nine thousand nine hundred ninety-nine (39,999)
square feet, such buildings shall be set back no less than five
(5) feet from any lot line.
3. On lots containing in excess of thirty-nine thousand nine hundred
ninety-nine (39,999) square feet up to seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings shall be
set back no less than ten (10) feet from any lot line.
4. On lots containing in excess of seventy-nine thousand nine hundred
ninety-nine (79,999) square feet, such buildings shall be set back
no less than twenty (20) feet from any lot line.
II. This Local Law shall take effect upon its filing with the Secretary of State.
36.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: At this time, we'll go back out to the public session of
our meeting, and there were some questions addressed by Mr. Siegmann.
EDWARD SIEGMANN: If any of you could answer, I would appreciate it.
COUNCILMAN WICKHAM: The one on the wells I'd like to address. The key
problem with the wells is that they have to be put in samples in ways that meet
the particular specifications of the New York State Department of Environmental
Conservation. Those wells have to have a stainless steel casing during part of
it. They have to be a certain size, and be packed in certain ways, and they are
far more costly than a well, that you or I would put in our place. Actually, frankly
speaking, it's hard to understand the justification for this, but that's what the
law says, and if we are going to preside with testing, it has to be done in accor-
dance with those specifications. I will say, that the $64,000, that the well drilling
came in for, is significantly less than what we had expected, and what other well
installations of this have gone for. It is far less than the $400,000.
EDWARD SIEGMANN: I go by the newspaper report, that was $400,000. Can you
give me an answer to it? It's not going to be that price?
COUNCILMAN WICKHAM: $64,500 for a clusters, I believe of 14 wells.
SUPERVISOR HARRIS: That's just for the well part of it. There's still engineering
on top of it, and whatever the DEC deems will be needed with certain determination
are made about (~hromagraphs, gas detections up there, when it comes to hazardous
materials, whatever else they find as they go into it. But that's the initial concept.
As a matter of fact, to go a little bit further into the wells, it's seven clusters
of two. Fourteen wells are what's required. Intially we started with ten, but
the DEC required four more wells, or two more clusters of two. As a matter of
fact, there may even be more wells needed as we go into it. Right now, our engi-
neering firm is trying to hold down that number, but the DEC Hazardous Waste
Bureau is very determined. They may need more than just 14 wells up there,
as we get into that project. The reason why this is required, of course, that
is maybe you don't know, the papers I'm sure recorded, is that under Part 360
rules and regulations, you have to prove that what landfill is 2A classification,
which is inactive potentially hazardous waste site, has to be remediated, and in
fact if the probe needs to be remediated, we have to do this hydro.geological project
to prove that the leachade doesn't contain certain levels above what are exceptable
by EPA State of New York, and so on. That's why this has to be done.
EDWARD SIEGMANN: They said it was going to cost three hundred and thirty
some odd thousand dollars.
SUPERVISOR HARRIS: Well, we'll see as we go into it. That's just the wells.
There's laboratory analysis, that's another forty-five. There's engineering. Sampling
on top, which is another hundred. It goes on and on. There's a lot more numbers
that total up getting near that number, and I hope it's nowhere near the $400,000,
but we had to bond that to make sure we were covered for every increase cost comes
along, that we don't know about yet.
EDWARD SIEGMANN: The word bond, and mortgage, are things that bother me
today, because all they're going to do is put the townpeople in deeper in debt,
and the people are not going to, eventually, be able to pay for these.
SUPERVISOR HARRIS: I would hope that you would express your concern, again,
to the State of New York. Another mandate has been handed down to us through
Part 360 rules and regulations, that we have to adhere to. Maybe somebody else
would like to address. I'm sorry. What other issue?
EDWARD SIEGMANN' I'm interested to know how a piece of property..?
SUPERVISOR HARRIS: Okay, in the back.
COUNCILWOMAN LATSON: The purchase price of the property was $167,500. We
authorized the bond up to $175,000, but that doesn't neccessarily mean we'll spend
that much. While Frank was supervisor, the property was on the market, and
the Town Board looked into purchasing it, and the price was between $225,000
and $250,000 at the time, so when this was presented to the Town Board we felt
that since it was a depressed real estate market, we would take advantage of it.
EDWARD SIEGMANN: It depends on who took advantage of who.
SUPERVISOR HARRIS: Let me get into to it, if I may for a minute. The Town,
first of all, has had many, many requests, my office especially, about insignificant
parking for this Town Hall. During huge meetings, that are held here, there's
no parking. On Fridays, when Court is held, there's no parking. We need to
expand the parking for this facility, especially if this facility ever expands someday
to the northerly direction, you'd still need additional parking, somewhere that just
is not available. This piece of property was available. We heard it was on the
market. There was one or two interested parties. We authorized an appraisal
of it, a bonafide appraisal was done. The appraisal came in at $170,000. It's a
half acre of commercial property, not residential property, on a road front, and
that based price was less than what the appraisal had come in. So, we certainly
feel for future planning of this town, which is badly needed, rather crisis managing
which has been going on for quite some time, we want to plan for the future, and
this is part of planning for the future, and now is the time to take advantage of
this, especially in the depressed markets, such as Ellen had said. So, that is
the situation with the piece of property.
EDWARD SIEGMANN: Ofthe people, that have to pay for these things, I would
hope that they're still here to enjoy all of those things, if they're not iving in
North Carolina, South Carolina, Georgia, or Florida.
SUPERVISOR HARRIS; I'm sure that the insignificant amount, that this piece of
property will cost over fifteen years, which is what the bond is for, will not push
people out of this town, and hopefully, it will alleviate a lot of the turmoil that
exists now, about people not finding any parking on Fridays, when court is held,
not to mention, the public hearings that we have here.
EDWARD. SIEGMANN: You know, if you take each individual thing, it's not much.
But, when you start adding them all together, this is what becomes the problem.
COUNCILWOMAN LATSON: You're correct. You're absolutely 100% correct in that,
and I agree with you. i mean the town has always had, basically, a pay as you
go philosophy.
SUPERVISOR HARRIS: Was there anything else, that was in that.
COUNCILWOMAN LATSON: The Baxter property, which we haven't purchased.
SUPERVISOR HARRIS: No, the Baxter property is not purchased.
EDWARD SIEGMANN: The piece of property in Mattituck on Route 48. There's
a church on it. There's a house on it. Three and a half acres, I believe, it is.
I think they have a price on it, of $225,000. Take a look at it, and I don't have
anything to do with it. I ain't selling it.
FEBRUARY 5, 1991
321
SUPERVISOR HARRIS: That's residential property. It's not commercial vacant
on road front. This is completely different. Now, remember we had a bonafide
appraisal done. Before the town goes into any purchase, there's ever enacted
by this town, we have at least one or two appraisals done. That's why we do the
appraisals. Anything else? Any other member of the audience like to address
anything? Yes? (tape change)
FRANK CARLIN: When you figure it out, it's $350,000. I was wondering if the
stones on that property were made out of gold. One thing about the well, 1
mentioned it to the Town Board this summer, how far down are drilling in that
landfill?
SUPERVISOR HARRIS: It varies, Frank, from anywhere from 130 feet, I think
is some of the deepest, areas.
FRANK CARLIN: That's a lot 130 feet. Last time I had to pump my well, it was
fifty feet. That includes the hole for the pump, and eighty gallon tank, and the
whole thing, and that was only $2,600. That was a plywood casing on it. As
the guy was drilling it down, he was sampling the water, so I don't know what
the State coming along and what you mean by all this technicalities. You can drill
a well down. You can reach the water, and you see what it is, or you don't, but
I guess that's regulations:
SUPERVISOR HARRIS: We felt the same way as you did. As a matter of fact,
Suffolk County Health Department had a number of wells up there, which we use
as criteria to test the leachate, and the Department of Environmental Conservation
would not accept the data that came out of those wells by the Suffolk County Health
Department.
FRANK CARLIN: I want to get on something else. It's getting late. I have it
home. I don't have it with me, but I have some stuff home, that back in 1979
was stated that that water in the landfill was contaminated then. I believe that
the DEC recommended to the town to make a study of it then. Why did we wait
so long? Now, we find out it's going to cost so much money.
SUPERVISOR HARRIS: I wish I could answer that question, Frank, but I can't.
COUNCILWOMAN LATSON: Because we submitted a hydrological work plan initially,
then the State came out with new regulations in 1988, so we weren't able to do
it at that time. So, we had to renegotiate the hydrological study, once again,
with the State of New York, and it was just approved last week.
COUNCILWOMAN OLIVA: You may have been talking too, about some the studies
that we had to with that lagoon. They used to just dump the honey wagons in
the lagoon, if you're going back to '78.
FRANK CARLIN: Oils were put in there from...
COUNCILWOMAN OLIVA: That was it.
COUNCILMAN PENNY: Frank, luckily the State has dropped that portion of it.
We're not even addressing that old portion, where they were classifying us as a
hazardous waste site. They dropped that, and this landfill application has taken
precedent. We're lucky the State let us off the hook on that, because it would
probably have been far more money, if we had followed it out under the old scenerio.
FRANK CARLIN: What I'm saying, George, is that at that time it was found out
too late. Some kind of testing that the water was contaminated down there.
COUNCILWOMAN OLIVA: That was the lagoon. That was just the lagoon.
COUNCILMAN PENNY: They made the claim, and they backed it up with no testing
on their own. They came in and made a whole lot of claims. They claimed every
landfill on Long Island, and New York State was a hazardous waste site, or a potential
hazardous waste site, and they started pressing the towns to prove to the State
that it wasn't, and luckily we got out of that, at least temporarily.
FRANK CARLIN: Do you think that were they're going to drill now, that water
will be clean? You don't know, right?
SUPERVISOR HARRIS: We have to do this test.
FRANK CARLIN: Why won't it be polluted where they're going to go with the other
wells?
COUNCILMAN WICKHAM: Pollution is a relative concept, Frank.
FRANK CARLIN: There were things, believe me, was dumped in that landfill for
years. Unbelievable, the stuff that went in there. I call the honey well swimming
pool. I have pictures of it home.
COUNCILMAN WICKHAM: But there are people with wells downstream from there,
who are puFnp.ng water up for drinking water between there and town, and the
water continues to be satisfactory for their purposes. We don't know yet exactly
what the qualities of that water sampling is going to show.
FRANK CARLIN: Must be north of there, because wells travel north.
SUPERVISOR HARRIS: South to north.
FRANK CARLIN: I always thought it was north to south.
COUNCILWOMAN OLIVA: South to north there. Northwest ~lirection.
FRANK CARLIN: I got a few things here. Going back this here parking lot.
Was that a direct deal made with the owner, or was it through real estate?
SUPERVISOR HARRIS: With the owner. The Town Attorney negotiated directly
with them.
FRANK CARLIN: I reviewed the Riverhead Town recycling program very closely,
and I come to the conclusion, I must take my hat off to them. Their gears are
in motion, and I reviewed it, and it seems like it's a reasonable and fair proqram.
They've had it in effect since January 1. They issued, I do know, blue containers
which the town pays fo~, and in that goes glass, cans, cardboard, and plastic.
Newspapers are handled separately. Their toxic wastes are handled in their STOP
Program. They never increased, so far, their landfill fees, like we did.
COUNCILWOMAN OLIVA: They have, Frank. $100.00 for a sticker.
FRANK CARLIN: As far as I know, a landfill permit they didn't.
SUPERVISOR HARRIS: It's $100.00. They've always paid for raw garbage on
top of that, Frank, where it's always been free here.
COUNCILWOMAN OLIVA: $85.00 a ton for raw garbage.
FRANK CARLIN: Okay, 1'11 accept that. They have a company that will accept
this recycling material down the west end. So, they have no problem there. Now,
let's get into Southold. Southold system involves separating these materials into
five different bins, colored glass, green glass, brown glass, plain glass, cans,
and newspapers. Southold doesn't issue a container. Why does Southold have
to be so different then what Riverhead is, and their system seems to be working.
They even have curbside recycling, where the people put the cans out, and they
pick them up. We don't even have that here. I don't understand. You have
two towns side by side, one has a system in operation since January, and seems
to be working. We are starting ours, and you're making it so confusing for the
peoPle. You want them to wash out the glass. You want them to take the labels
off. Riverhead don't need that.
COUNCILWOMAN OLIVA: Oh, yes you do.
FRANK CARLIN: If you want to, you can do it.
COUNCILWOMAN OLIVA: No, you have to do it.
FRANK CARLIN: You don't have to do it. That I know.
COUNCILWOMAN OLIVA: Victor Prusinowski was here 'from the Riverhead Town
Board. You look at their things, you have to rinse out the cans, and the glass
for them, because otherwise it's not acceptable.
FEBRUARY 5, 1991
323
FRANK CARL1N: They had this on television. I seen right there, and the question
was asked, and they answered, if you wish you may do, if not, you don't have
to. That all I know. It was right on television, and goes into one container.
Why do you make it so difficult, putting it into five different containerS? If they
can put it into one container, why can't we do it in one container?
COUNCILWOMAN OLIVA: Number one, the town had to pay for all those containers.
Number two, it's allcomningled, and it's costing them $40.00 a ton to rid of their
comminc~ed recycables. In our town the people, the residents, pay for their own
containers, no cost to the town. We are getting rid of our recycables, and it's
only costing us $17.00 a ton, so why should we do it their way, and it's going
to cost us not only for the containers, but it's going to cost us $40.00 a ton to
take the stuff away. Right now, because you are separating into all these different
categories, we are able to sell some of this material, or we're able to have it taken
away for nothing, or we pay a very nominal cost. They've signed up in a contract
with this concern for I don't know how long, but the price can very easily start
going up, and they're starting at $40.00 a ton, Frank. We are only at $17.00 a
ton.
FRANK CARLIN: You say they pay for the container. The taxpayer has to pay
for the container.
COUNCILWOMAN OLIVA: That's a lot of money. Do you know how much money
those things cost? That's a lot of money. That's another $9.00.
FRANK CARLIN: We want it in five different containers, and then before you
have a system, you tbr. eaten people with these here fines, and it's up to $1,500 fines.
COUNCILWOMAN OLIVA: No, that not correct. That's not correct. We are passing
a mandatory recycling. We just passed, as a matter of fact, and the fines will
be $100.00 for the first offense, and $200.00 for the second - offense, and before
we start doing that we are going to have massive educational campaign, and from
everybody that I have spoken to, Frank, have not complained about separating.
They're quite used to doing it. They don't feel it's unneccessary, and it only
takes a couple minutes more of their time to rinse out these things. I do it myself.
I started as soon as we started back in January, February or March, whenever
it was, and it takes two minutes more, and it ends up saving us money, and by
recycling, in the long run, you're going to save money, because it costs more
money, then to put that into the landfill, and it takes up more space, especially
with your plastics, and newspaper.
FRANK CARLIN: It seems to work for Riverhead. Why not in $outhold?
COUNCILWOMAN OLIVA: But it's costing them more money. It's a $100.00 fee
to go into the landfill.
FRANK CARLIN: By the time you end up, it's going to cost us more money. You're
going to increase something on the landfill, or something is going to go right back,
and you loss that money when you spend it for $175,000 for a piece of property,
that you didn't even need.
COUNCILWOMAN OLIVA: You're talking about apples and oranges, Frank.
SUPERVISOR HARRIS: Councilman Wickham is recognized.
COUNCILMAN WICKHAM: I'd like to just respond very briefly. I think the Town
of Southold has about the least costly type of recycling program, that exists in
the State of New York. We're just getting started, but it's the cheapest one. It's
the cheapest to the Town, and it's also least costly to the person, who comply
with it. It's true, there's a little bit of burden to separate out into five different
categories. That burden is on the resident, but it's a burden that doesn't cost
him a lot of money, but that small burden, that small burden that we're asking
the resident to do at their home, offers the potential for the town to make substan-
tial savings in getting rid of all these recyled component. As Ruth said, if they're
all mixed up together like Riverhead's, it will cost over $40 a ton to get rid of
the stuff. We are asking the people of the town, please help, do your patriotic
bit by seperating the stuff out at home, and in the process it will cost less. The
Town of Southold will only incur very small cost. Now, you said, when we're really
into this, we may find out, the Town of Southold costs are also going up there.
I'll tell you, Frank, if that's the case, and we find that there are cheaper ways
to do it, we'll change at that time. If the data show, or if you can show us at
some future stage, that there are cheaper ways to do this, that the people will
comply with, and it will demonstrate sound environmental practices, and all that,
we're not stuck on this forever. We have begun because we think it's in the interest
of the town, it's the least costly approach, and it's not an unreasonable burden
for the people of the town to do.
3 2 4 FEBRUARY 5, 1991
SUPERVISOR HARR S: I'd like to add, too, Frank, that voluntary recycling has
been in place for over a year 'n this town at the landfill for the self-haulers, and
as you know in May or June we put voluntary recycling in on the curbside. It's
been working very well. We're sure that once the mandatory, now that is passed,
is kicked in, we'll double the production that we're getting now with people recycling.
Nobody is saying that recycling is going to make money. We realize that recycling
is going to save money, when it comes to reducing the volume, that goes into our
landfill, and that's what it's really all about right now.
COUNCILWOMAN OLIVA: Frank, can I just say, as far as compliance, I think
you'd be interested to know, that out of just the total household waste, 11% of
that is now being recycled by the general public, and if we count in all the brush
and leaves that are brought in for nothing into that, it's about 22% of the waste
stream is already being recycled, and I think the people in Southold should be
complimented on how well that they have been doing with just the voluntary recycling,
and I'm sure that they will help support us with the mandatory recycling, knowing
what a cost saving it's going to be to the town in the long run.
FRANK CARLIN: How much is it going to cost the people to have five separate,
whatever, even bags? You have to put them in five different bags.
COUNCILWOMAN OLIVA: It doesn't cost that much, Frank.
COUNCILMAN PENNY: Put them in a cardboard box.
COUNCILWOMAN OLIVA: Put them in a cardboard box, or you go down to one
of the discount stores, and you but some inexpensive plastic buckets, or what
have you. For $2. I got them.
FRANK CARL1N: I want to ask you a question. It's very simple. You know, there's
a lot of people that work for a living, husband and wife, both work for a living.
COUNCILWOMAN OLIVA: My husband and I work for a living.
FRANK CARLIN: We all do. Not me anymore. I'm retired, but I still work. But
a young wife comes home, she has a family, she comes home, she makes dinner,
washes the dishes, she's got children to take care of, you're going to have her
stand there and peel off the labels.
COUNCILWOMAN OLIVA: You don't have to peel off the labels, and you take a
brush and just swish out.
FRANK CARLIN: Then you change it here. It said right in there, if you want
to wash out your containers.
COUNCILWOMAN OLIVA: Yes, but you don't have to take the labels off.
FRANK CARLIN: Now you change it.
COUNCILWOMAN OLIVA: We're having a new publication.
SUPERVISOR HARRIS: Frank, there will be another publication coming out very
quickly, being mailed to all the residents on the mandatory recycling law, and
exactly what it means, as well as the voluntary.
FRANK CARLIN: You should make it as easy as possible, but I don't buy this.
SUPERVISOR HARRIS: I'd like to stress one other thing. There seems to be some
misconceptions here. This is a State mandate, state wide in 1992, recycling.
Recycling, state wide is 1992. The towns on the East End care about their environ-
ment, and they're tryincj to do something before that State mandate kicks into gear,
where people don't know what they're doing. We're going to be prepared. We'll
be doing it properly. We'll be protecting, not only the environment, but we'll
be protecting the volume that goes into our landfill through that reduction. This
is a State mandate. All we're doing is kicking in a little bit ahead of time to get
the people used to another mandate, that's being handed down to us for volume
reduction in our landfill, which, again, was part of the '82 legislation, volume
reduction.
FEBRUARY 5, 1991
325
FRANK CARLIN: Fine. I understand what you're trying to do. You're trying
to improve it, and get it to a point where it's operational, but you should keep
it in mind to make it as simple and reasonable as you can, for the people who are
going to use this system. You don't officially have roadside recycling, yet. You
don't officially have, so don't say you do, because you don't.
SUPERVISOR HARRIS: We have volunteer recycling.
FRANK CARLIN: Why don't you have it now? You know, standard?
SUPERVISOR HARRIS: We have. We just passed it today. As a matter of fact,
we had this law ready to be passed in December, and through individuals like your-
self suggesting further changes, we modified the law to try to make it a little bit
simpler, and a little bit easier to met, and that's what we've done over the last
few weeks, and now we passed it today. Further information will be coming on
it. Thank you for addressing those concerns. Is there any other member of the
audience, that would like to address? Yes, sir.
PETER WEYMOUTH: I was wondering what reassurance we're going to have, that
the moving of the shelter to an alternate site will not cause trouble with Suffolk
County. In other words, they have park up there, and we're going to have
neighbors, put a shelter up there. Have we contacted Suffolk County, and been
assured that we aren't going to have any trouble with them?
SUPERVISOR HARRIS: The town today went over the recommendation by the Site
Plan Relocation Committee, and they have recommended that we talk to the Village
of Greenport to see if we can work out an agreement with an exchange possible
of a piece of property with the Village versus a p~ece of property, that we have,
that we can locate it nearer the road away from, not only the County area there,
but possible it would certainly be on the Village property, because the Village does
have a contract, as you well know with the North Fork Animal Welfare League,also,
and they have a leash ordinance, and so on enacted. We hope we'll be able to
work together to come to a resolve with that.
PETER WEYMOUTH: You can put a shelter in the place now. It's quiet, but it's
build up no matter were you put it.
SUPERVISOR HARRIS: Around this area, Pete, there is no homes ever projected,
because it's owned by a muncipality, the Village of Greenport, and also, by the
County of Suffolk, thirty-seven acres, so we never saw in the future any residential
homes being built within quite a radius of where the shelter could be proposed
for any alternate site.
PETER WEYMOUTH: What would Suffolk County have to say about this?
SUPERVISOR HARRIS: They wouldn't have any say over this, Pete, this would
be on Village owned property, and hopefully, if the Town can work an agreement
out, then the Board would have to then move in the next direction, whether they
want to proceed ahead with the funding for a shelter up there. Is there any other
members of the audience, that would like to address any concern? What I'd like
to do, before we close is ask those members of the Board, that went to the conference
in New York City, if you could give us a little bit of insight on what you ascertained,
and what you brought back to us. They went to a Recycling Conference, I guess
it was.
COUNCILWOMAN LATSON: I attended the 7th Annual Solid Management Conference
on management policy. I attended several seminars, one on muncipal solid waste
composting, one on incineration, waste to energy. I attended a conference given'
by Tonkin County out of curiosity as to the trash tag system, which finances their
trash, their muncipal solid waste landfill by the bag. I attended some seminars
on commercial recycling, and commercial management of recycling material. That's
off the top of my head. I did find out that the EPA just standardize the emissions
for incinerators in 1990. Prior to that, there was no regulations. Mercury emissions
have found their way back into the food chain in most New England states, especially
the fish food chain as a result of emissions from the standards, that with these
new standards most waste energy plants will either have to be shut down, or
retrofitted to meet the new standards. There are 128 incinerators in the United
States currently. There is no standardization on separation of fly ash, no require-
ments to separate fly ash from bottom ash in the United States. Fly ash contains
99% of the heavy metals and toxic. In Europe it is a requirement that the two
ashes be separated. There was a push on the Federal level to have a 25% source
separation requirement before muncipal solid waste could go into incinerator, but
various manufactors of waste to energy plant had that tabled, much to the chagrin
of many people. On municpal solid waste composting, there is still is again, no
standardization as to what goes into a municpal solid waste composting system,
as to what comes out, so it's garbage in, if you put all your household hazardous
waste in plastic, you're going to get garbage out for compost. Although in speaking
with various people who participated from a lot of upstate counties, the thrust was
generally for composting plants. I didn't see a lot of support, 'and basically none
anywhere, for incinerator plants. I did attend a conference on recycling beyond
the 40% limit, and I came back, and told Ruth and Jim, that other towns include
all their yard waste, composting, in their total waste stream, when they count the
amount of recycling, that they have reached. In Southold we're just counting out
recyclables, so Jim gave Ruth the figure of 22% total recyling. It's almost essential
that any successful recycling is heavily budgeted for..we can discuss this. I have
other information, but it was a very worthwhile conference. A lot of information
was exchanged, and a lot of give and take.
SUPERVISOR HARRIS: Thank you. Tom?
COUNCILMAN WICKHAM: l'd like to make just a few comments. I, also, attended
the conference, and I'd like to mention that it was a conference scheduled by the
Legislative Commission on Solid Waste. This is the key commission of the New York
State government,a legislative commission between the Assembly and the Senate,
that tries to explain..have an interaction among all people in the solid waste area
each year. This is the seventh annual one. There are four things I brought home,
that I'd like to share with you tonight. First of all, as Ellen mentioned, increasingly
muncipalities that incur major costs in garbage are considering paying for it, or
financing it, by a per-bag charge for regular garbage left off at a dump, or regular
garbage that's picked up by carters. A per-bag charge 'n some upstate towns
it's $.75 to $1.00 per bag. Where those systems have worked quite well, they
have not resulted in a lot of garbage being dumped around, and they have resulted
in great improvements in the proportion of the goods, that are recycled. So that
seems to be a logical move, and one that the Task Force is also examining for
Southold Town. Second thing is, we discussed at some length the value of an
authority to handle garbage, particularly where two or three towns or counties trying
to work on it together. Where you have two or three towns trying to work a regional
solution, it is simply not been proven realistic to expect the Town Boards or the
County Legislators of two or three adiacent counties to bargain, and work all the
political horse trading necessary to make this work. What has worked is where
they establish a separate authority. They have directors, who in turn are nominated
by eaCh of those towns, or counties, and that. seems to be a more practical way,
if you really want to achieve a regional solution of things. There are ways to
do this in the State of New York. It's been done in a number of place, particularly
upstate. Third thing, the states of New York and New Jersey are currently exporting
about 50% of their municipal solid waste outside those state boundaries to states
further west. It was made very clear, that is this is continuing there will almost
certainly be legislation at Congress in Washington, the Federal government level,
either taxing it heavily, or banning it outright. There is outright concern, that
that will happen quite suddenly, and there will be thousands of trucks on the high-
way simply stopped at the boundaries of New York, Pennsylvania, and some other
states. New York State is being asked to demonstrate a significant recluction in
the amount of goods and waste, that we are exporting to other states. We are
challenged. The State of New York was challenged to show that you can reduce
it, and if you can't show that, you're going to have to expect federal legislation
that will simply stop it, or put punitive taxes on it. The point was made, that
rather than stopping it, the policies of the DEC are in fact exacerbating. The
policies, that are leading to closure of landfills, policies which are designed to
even close the Cutchogue landfill will actually worsen the situation, and add to
more exports, so the State policies are not consistent with what is quite likely to
come down the road in the future. Those are major problems, the State is dealing
with, and I think at some stage, they'll have to deal with it, but meanwhile the
continued policy is in place, which is leading to closure, and lastly recycling. As
we've discussed tonight, this afternoon Southold Town has ~ut in place a law of
mandatory recycling. What does that mean? Well, it carries fines for people, who
don't carry out the recycling, the way it's supposed to be. If you just throw out
as rubbish, plastics, tin cans, newsprint, and all this, technically you and I, and
all of us, are subiect to fines, if we don't do that. Mandatory recycling, however,
is nothing more than what we have all been trying to do for the last year, anyway.
In fact, the word mandatory to me, doesn't really mean very much. The city of
Seattle in Washington has the highest recycling rate in the United States, and it
does not have mandatory recycling. There are no fines out there. What Seattle
has done, is put in place a sound program, that people cooperate with, and really
works. The Town of Southold in passing mandatory recycling, we now have those
fines, and all the sanctions, and all of that, but it is really the town, that is going
to have to respond, and put in place the systems, that work, and that people can
respond to, and if you find, if the residents finds that it isn't working well, we
hope ¥ou'~ draw to our attention, so that we can modify the program, and gain
the compliance and participation, that we're looking for. Thank you.
FEBRUARY 5, 1991
327
SUPERVISOR HARRIS: Thank you, Tom. Yes?' Would you state your name, again.
EDWARD SIEGMANN: Ed Siegmann. You have a rule now, that no one can go
in and scavenger in the landfill, is that correct? If a carpenter came in there,
and dropped off twenty two by fours, that he ripped out of someplace, you wouldn't
permit anybody to 90 in there, and load these on to his truck, and take them out,
is that correct?
COUNCILMAN PENNY: We're recycling wood right now provided that it's clean,
andlfree from nails, and other debris. There is a recycling area, where contractors,
home owners, and anybody else, that has clean wood to be recycled, and hopefully
this is the first of many recycling programs that we're going to start, can go in
there, and believe you me, as fast as that stuff hits the ground, it goes right
back out again.
EDWARD SIEGMANN: And when you say recycling, you permit anybody from the
Town to go in and pick it up, if that right?
COUNCILMAN PENNY: It's in a separate area in the landfill, and it is restricted
to clean wood.
EDWARD SIEGMANN: I was just going to suggest, that where you charge me $.02
a pound to drop off a tire, maybe you could make a few dollars on charging $.03
a pound for taking this stuff out of there. It might be worth it to the people,
who are getting that stuff, that feel that maybe they may would be willing to pay
$.03 a pound for your two by fours, than to pay the price they have to pay in
the lumber yard.
SUPERVISOR HARRIS: We'll take it under advisement, and recommend it to the
Task Force. Mr. Carlin?
FRANK CARLIN: Who gets the money for this recycling, when you recycle stuff?
Where does that money go to?
SUPERVISOR HARRIS: Ruth, would you like to address that question?
COUNCILWOMAN OLIVA: It goes nto the fund, the general fund.
COUNCILWOMAN LATSON: Newspapers bring in $25.00 a ton.
FRANK CARLIN: It goes to the town, but it doesn't benefit the people, really,
the people who put that one can, or bottle in there. Then you say you can't afford
to buy cans. Why can't you use that money?
SUPERVISOR HARRIS: That benefits all the residents by volume reduction. Is
there any other members of the audience have anything? (No response.) Otherwise,
I'll entertain a motion to adjourn.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:15 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T. Terry
Southold Town Clerk