HomeMy WebLinkAboutTB-03/12/1991352
SOUTHOLD TOWN BOARD
MARCH 12, 1991
WORK SESSION
Present: Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Cou_qcilwoman Ellen M. Lgtson,
Councilman Thomas H. Wickham, Superintendent of Highways Raymond L. Jacobs,
Town Attorney Harvey A. Arnoff, Assistant Town Attorney Matthew G. Kiernan,
Town Clerk Judith T. Terry.
9:35 A.M. - Police Chief Droskoski and Sr. Bay Constable Dzenkowski met wi~h the
Town Board to advised that they have received a $20,000 grant from the State of
New York which can only be used to purchase a new police boat. The existing boat
is 10 years old and would be traded-in on the new one; the engine and equipment
transferred to the new boat. The Board agreed, and placed resolution no. 32 on
the agenda. Sr. Bay Constable Dzenkowski also asked the Board's permission to
sell an old 1986 outboard motor (see resolution no. 33). Mr. Dzenkowski also informed
the Town Board that he had been able to obtain 20 new buoys from the State,
valued at $5,000; at no cost to the Town.----The Town Board went on to discuss
the proposed Pro-Arrest Policy (see resolution no. 8), which was explained by Town
Attorney Arnoff and then thoroughly discussed.
10:00 A.M. - For Discussion Items: (1) Proposed "Local Law in Relation to Unsafe
Buildings and Premises" was discussed. Councilman Wickham had questions
concerning the "unsafe premises" provision of the proposed law. The Board placed
a resolution on the agenda setting a public hearing on the proposal (see resolution
no. 34). (2) Appointment to the Conservation Advisory Council was held for
Executive Session. (3) Reappointments to the Planning Board and Board of Appeals
was held for Executive Session. (4) The Board discussed the SEQR Findings
Statement with respect to the Town's comprehensive solid waste management plan, but
placing it on the agenda for a resolution until they could speak their consultants
at Dvirka & Bartilucci concerning certain technical questions. The questions were
resolved later in the day and the adoption of the findings statement was placed on
the agenda (see resolution no. 39).
10:45 A.M. - Chief of Police Droskoski, Chief of Police Communications Raynor,
and Accountant John Cushman met with the Board to discuss a proposed upgrade
of the Southold Town Police-Fire-Emergency Medical Services Communication System
to a state-of-the-art sytstem by the siting of four antenna receivers. Also in
attendance was Greenport Fire Chief Jerry Urban, Orient Fire Chief Claude Kumjian,
Mattituck Fire Chief Norm Reilly, and Emergency Coordinator for Advance Life
Support Systems for Shelter Island Town Jack Thilberg. Chief Reilty attes~ted to
the serious problem of loss of communication with their advance life support systems
in the Peconic and Southold areas. The need for additional antenna receiver sites
is critical. Mr. Raynor explained in his overview of the problems and solutions
report that the sites are: on the L]LCO towner on Sound Avenue, Jamesportl west
of the Town line, in Peconic on Highway Dept. property north of Police
Headquarters, and a 50 foot tower at the Orient Firehouse property. The tower
at Peconic would be erected by Metro One if their negotiations with the Town Board
on contract provis!ons is successful. Those negotations will take place in executive
session at 11:15 A.M.
UA.C. 12, 1991 3 5 3
EXECUTIVE SESSION
11:15 A.M. - On motion of Councilman Penny, seconded by Councilwoman Oliva, it
was Resoved that the Town Board enter into Executive Session. Vote of the E~oard:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Olive,
Councilwoman Latson, Councilman Wickham. Also present: Superintendent of
Highways Jacobs, Town Attorney Arnoff, Assistant Town Attorney Kiernan, Fire
Chiefs who were present at 10:45 A.M., Chief of Police Droskoski, and Chief of
Police Communications Raynor. The Town Board and those present met with Lynn
Lorimer and her associates from Metro One to discuss the terms of a contract to
construct a tower and building at the northwest corner of Highway Department
property, Peconic.
11:40 A.M. - For Discussion Items (continued): (8) Earlier in the morning Sheri
Kiselyak, representative of Richard Pellicane, Esq., was present briefly and the
Board indicated to her that as a result of a break-down of time spent by the
Planning Baord and staff they would be willing to refund the entire filing fee for
the proposed major subdivision "Sundance Shores". The Board now placed resolution
no. 35 on the agenda authorizing the refund. (5) Proposed "Local Law in Relation
to Guest Landfill Permits" was set down for a public hearing on March 26th (see
resolution no. 36). (6) Notification from the Town Clerk that designees to the
U.S./U.K. Countryside Stewardship Exchange planning committee ~s Bennett
Orlowski, Jr., Chairman of the Planning Board, Robert Villa and. James Dinizio, Jr.
as an alternate, from the Board of Appeals, and Town Trustee Albert Krupski, Jr.
(7) Letter from Oysterponds Historical Society Inc. requesting Community
Development Funds of approximately $15,000 to finance thereshingling of the Webb
House on which restoration is nearing completion. Supervisor Harris asked Town
Attorney Arnoff to research the legality of the use of the funds in this manner. (8)
See above. (9) Reappointment of Landmark Preservation Commission members will
be discussed later in Executive Session. (10) Councilman Wickham reported on
activities of the Planning and Zoning Committee: (a) The committee endorses the
use of reserved areas in clustered subdivisions for agricultural use. Homeowners
associations have not been an effective means to promote that use. The committee
will consider at their next meeting other forms of ownership and covenants and
restrictions appropriate to those forms. (b) Proposal to hire an intern who would
report to the Planning and Zoning Committee whose major responsibility would be
to collect information and draft sections of a report on affordable housing. It was
suggested this might be a job for a summer college intern working on a planning
related degree. (11) Supervisor Harris reported that the Dog Shelter Site Selection
Committee has had no reponse from the Village of Greenport relative to a proposed
site on Village property, and the Supervisor will sit down with Village
representatives to discuss this. Councilwoman Latson advised that Animal Welfare
League members have been looking at the present Dog Pound site with an eye toward
repositioning the trailer, lighting problems, and methods of noise abatement.
Supervisor Harris advised he will' call another meeting of the relocation committee
to discuss these ideas. (12) Councilman Wickham discussed a recommendation from
the task force for a possible plan for by-the-bag garbage charges. The Task Force
has agreed to be responsible for planning and implementation if the Town Board
wishes them to undertake the project. (13) Memorandum from Councilman Wickham
concerning the availability of New York State grant funds to help defray the costs
of closing the landfill should it become necessary. Supervisor Harris advised that
the Town's consultant, Dvirka & Bartilucci, is working on such a grant application.
(14) Proposed memorializing resolution calling upon the New York State Legislature
to end unfunded mandates by enacting mandate reimbursement legislation (see
resolution no. 37). (15) Request from one of the local historical societies for the
purchase of the 350th video and the hard cover book "Houses of Southold" at a
reduced price. Board agreed the Town should recover the cost before selling at
a reduced price. Town Clerk also asked permission to sell the 350th video at $19.95
plus tax. When Williams & Co. advertise the sale of the video they quoted a price
of $19.95, and the Town Clerk's office was forced to break it down to $18.55 plus
tax. Board agreed to the $19.95 plus tax price.
12:45 P.M. - Recess for lunch.
1:45 P.M. - Work Session reconvened and the Town Board audited outstanding bills,
and then discussed resolution no. 38 - calling for the expeditious review and
acceptance of the final nomination document for the inclusion of the Peconic Bay
Estuary in the National Estuary Program.--They also discussed at length the
Findings Statement on the Town of Southold Solid Waste Management Plan Generic
Environmental Impact Statement (see resolution no. 39).--Received a request from
the attorney for Emanuel Kontokosta, who has filed two change of zone petitions,
asking the Town Board to hold in abeyance proposed resolutions 10 and 11
requesting additional information be added to the DEIS's for each petition until an
354
MARCH 12, 1991
another scoping session can be arranged between the Town's consultants; Cramer
& Voorhis, Town Attorney Arnoff, Mr. Kontokosta, and his attorney. The Town
Board agreed to the requested.
EXECUTIVE SESSION
3:10 P.M. On motion of Councilwoman Oliva, seconded by Councilwoman Latson,
it was Resolved that the Town Board enter into Execu;.ive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham. Also presented: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry.--The Town Board
discussed litigation, personnel, contract negotiations, possible ,ourchase of property.
3:40 P.M. Town Board reviewed proposed resolutions to be voted upon at the 4:00
P.M. Regular Meeting.
3:55 P.M. - Work Session adiourned.
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, March
12, 1991, at the Southold Town Hall, Main Road, Southold, New York. Superwsor
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 CIer,k Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: Remain standing, please, for one minute,
overseas, and those that will not be coming back. Thank you.
to approve the audit of the bills for March 12, 1991.
for our troops
I need a motion
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the following audited bills be and hereby ordered paid: General
Fund Whole Town bills in the amount of s105,336.00; General Fund Part Towo bills
in the amount of $56,140.88; Nutrition Fund bills in the amount of $4,299.55; Adult
Day Care bills in the amount of $10.50; Home Aide Program bills in the amount of
$102.00; SNAP Program bills in the amount of $1,703.20; EISEP Program bills in the
amount of $125.36; Highway Department, Whole Town bills in the amount of $8,153.48;
Highway Department, Part Town bills in the amount of $20,737.69; Capital Projects
Account bills in the amount of $60,000.00; Landfill Sand Capital Fund bills in the
amount of $6,236.72; Land Acquisition Capital Fund bills in the amount of $168,099.99;~
Open Space Capital Fund bills in the amount of $1,339.67; Fuel Tanks and Police
I
Building bills in the amount of $148.38; Employee Health Benefit Plan bills in the
amount of $22,860.10; Fishers Island Ferry District bill.s in the amount of $22,096.03;
West Creek Estates Road Improvement bills in the amount of $16..01; Southold Waste-
water District bills in the amount of $1,163.98; Fishers Island Sewer Distr-ict bills
in the amount of $160.00; Southold Agency & Trust bills in the amount of $100.00;
F.I.F.D. Agency & Trust bills in the amount of s217.75.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
M^R , 12, 1991 3 5 5
SUPERVISOR HARRIS: A motion approving the minutes of the Board meeting of
February 26, 1991.
Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the minutes of the February 26, 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: A motion setting the next Board meeting at March 26, 1991
at 7:30 P.M.
Moved by Councilwoman Oliva, seconded by Councilwoman L tson, it was
RESOLVED that the next recjular meetinc~ of the Southold T~wn Board will be held
at 7:30 P.M., Tuesday, March 26, 1991, at the Southold 7own 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 Police Juvenile Aid Bureau Annual Report for January 1,
1990 through December 31, 1990.
2. Annual Financial Report Update Document for the Town of Southold for
the fiscal year ended 1990.
3. Fishers Island Ferry District Annual Financial Report for fiscal year
ending December 31, 1990.
4. Southold Town Building Inspector's Report for February, 1991.
5. Southold Town Planning Board Report for February, 1991.
6. Southold Town Dog Shelter Report for February, 1991.
7. Southold Town Clerk's Monthly Report for February, 1991.
8. Southold Town Recreation Department Monthly Report for February, 1991.
9. Southold Town Scavenger Waste Treatment Facility Monthly Report for
February, 1991.
10. Justice Tedeschi Monthly Court Report for February, 1991.
11. Southold Town Supervisor's Monthly Budget Report ending January 31,
1991 .
12. Lawrence Healthcare PBA Claim Lag Study Analysis for February, 1991.
13. Lawrence Healthcare CSEA Claim Lag Study Analysis for February, 1991.
14. Southold ToWn Justice Price Yearly Report for 1991.
15. Southold Town Justice Edwards Monthly Report for February, 1991
16. Southold Town Trustee's Monthly Report for February, 1991.
17. Southold Town Police Department Monthly Report for February, 1991.
18. Southold Town Building Department Annual Report for 1990.
19. Souhtold Town Youth Board Monthly Report for February, 1991.
20. Councilman's Report.
21. Supervisor's Report.
II.PUBLIC NOTICES.
1. Notice of Public Hearings, New York State Assembly Task Force on
Homeless Prevention, Wednesday, March 6, 1991 in Albany, and Friday, March 8;
1991 10:00 A.M., Assembly Hearing Room, 270 Broadway, New York, New York.
2. New York State Department of Environmental Conservation public informa-
tion meetinq to discuss the details and answer questions concerning administration
of 6NY-CRR Part 505, the Coastal Erosion Management Regulations for the Town of
Southold, Tuesday, March 19, 1991, 2:00 P.M., 7:30 P.M., Southold Town Hall, Main
Road, Southold, New York.
3. New York State Department of Environmental Conservation Draft N.Y.S.
Solid Waste Management Plan, 1990/1991 Update, April 4, 1991, 2:00, Meeting Room
1, New York Empire State Plaza, Albany, New York. Written comments by April
18, 1991.
4. Resource Needs Committee of the Nassau-Suffolk Reqional Emerqency
Medical Services Council. Public hearing to act upon application of North"Shore
University Hospital to establish an ambulanc~ service, March 14, 1991, 2:00 P.M.,
Town of North Hempstead, Town Board Meeting Room, 220 Plandome Road, 2nd
Floor, Manhasset, New York.
III. COMMUNICATIONS.
1. Detective Kevin J. Lynch, D.A.R.E. Instructor, thanking Supervisor
Harris for his involvement in the Drug Abuse Resistance Education (D.A.R.E.).
2. Detective Kevin J. Lynch, D.A.R.E. Instructor, thanking Councilwoman
Latson for her involvement in the Drug Abuse Resistance Education, (D.A.R.E.) .
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, you have before you your agendas, and
before we start entertaining resolutions, are there any members of the audience
that would like to address this Board on any piece of legislation, that we will
be dealing with today? Yes, state your name, please.
MARIE ONGIONI: I am Marie Ongioni. I'm an attorney in Greenport, and I repre-
sent the Cassidys, who are the owners of the property, which is subject to,
believe, it's been put on the motion calender, not on the list of motions, of resolu-
tions, rather. But it was discussed this morning, I understand, item Number
8 for discussion, reimbursement of filing fees for Sundance Shores. Now, Sundance
Shore is a development, that is underway by the contract vendees, in other words,
'the buyers of the Cassidy Farm. The Cassidys are still 'n ownership of this particu-
lar farm. The contract has run into some difficu ties in the last few months, and
just yesterday afternoon an agreement was reached in my office for the cancellation
of this contract. Part of the cancellation included the continuance of the application
before the Town Board for the subdivis on of the property. In other words, my
clients, who are the Cassidys are going to be taking over the subdivision process.
The paper work has not yet been drawn up. I am here today to ask you to table
this resolution for the return of the filing fees to Sundance Shores, the developers
being Richard Pellicane, and Clarence Banks, until we're able to get this paper
work to you. I understand that there was a representative here earlier today
from Mr. Pelli-cane's office, but it's my understanding that she left her home,
and came directly here, and had not been in touch with Mr. Pell~cane regarding
this development late last night. The parties didn't leave my office until about
5:30 last night. So, I'm just requesting that the resolution concerning the reim-
bursement be tabled until we're able to submit the paper work to the Board.
TOWN CLERK TERRY: That's number 35, if you have it by any chance. Do you
have Resolution 35?
MARIE ONGIONI: I don't have it on this one.
TOWN CLERK TERRY: It's not updated.
MARIE ONGIONI: I have a contract of sale here, showing the Cassidys as the
seller, and Pellicane and Banks as the buyer. I, also, have an authorization from
my clients, which was submitted to the E3oard to permit the contract then be
seen before the Town, which was filed some time ago. Their owners indorsement
were required to be filed by the owners. I simply request that in light of this
most recent development, that you table this motion.
SUPERVISOR HARRIS: Our Town Attorney Harvey Arnoff, do you want to address
this, Harvey?
TOWN ATTORNEY ARNOFF: My only comment is the comment I made to you, Ms.
Ongioni, in the course of my conversation with you, and that is after receipt of
your request, which I acknowledge, and I think acknowledge on behalf of the
Board, that was received by fax, at some point by fascimile transmission today.
I took it upon myself to contact Mr. Pellicane's office, and if my memory serves
me correctly, the individual who answered the phone was the same individual,
who was here this morning, asking for the return of the monies. I explained
your letter to them, to her. Mr. Pellicane was not there. She says I don't know
anything about it. There's no note here, and as far as I'm concerned, we want
the money back. I further explained to her, that the Board had indicated to
me, that since an application had been made as recent as this morning, and essentially
your letter was that of a stranger to the application, and that's what you are,
that there were not const, rained to go along with any delay, unless we heard to
the contrary from his office. That conversation took place at approximately 1:30
this afternoon. I was just in my office. There's been no communication from
Mr. Pellicane's office. I personally know Mr. Banks, and I know,Mr. Pellicane.
I find it difficult to believe, that we have this kind of money involved, and it's
substantial money, that someone from their office couldn't have contacted the, Board.
I certainly don't pretend to sit up here, and act, and advise the Board as to
whether or not' they chose to do this or not, but I know ~vhat their position was
earlier, and it's up to them now whether they want it tabled or not.
MARIE ONGIONI: Well, I'm certainly not requesting that the application for the
return of the filing fees be denied. All I'm asking, that the Board not take any
action on this until you. receive further communication from the applicant, which
is simply a matter of time.
COUNCILWOMAN LATSON: The applicant being?
MARIE ONGIONI: Pelticane and Banks.My representative has been Sheri Kiselyak.
COUNCILMAN PENNY: We also insured her upon her ~eaving, that her money
would ~be refunded this afternoon. .
COUNCILWOMAN LATSON: Which is before we received yo~ r letter. Because
before we received your letter, we had reviewed it, and w~,, saw no reason not
to refund the money. Then we received a letter stating tl~at the circumstances
have changed. If we grant them the refund, then the refund is being granted
only if the application is withdrawn totally. So that would enactivate the applica-
tion. So, if we act on this today, the application is enactivated, and anything
that occurred from this day forward would all be under a totally new application.
So, I think what remains to be worked out is this Pellicane going to let you act
under his application of Sundance Acres, or are you going to..or are the Cassidys
going to have to submit a totally new application?
MARIE ONGIONI: We were intending to continue the application.
TOWN ATTORNEY: Will you you indemnify the Town personally for any damages,
that may arise out of the..
MARIE ONGIONI: I'm not in a position to do that.
TOWN ATTORNEY ARNOFF: I think that would be..you know they might ask
me, whether you would indemnify us for any loss, or any claim that might be
made against the muncipality for not refunding the money in accordance with the
representation, that was made this morning. If that was there, then the Board
could take that under advisement. But at this point..I mean I think you have
to appreciate the position the Board is in.
MARIE ONGIONI: I appreciate the position that the Board is in, and it's a
delicate one, simple because of the timing of the request, but under the circumstances,
I would ask that you would just hold it off until the next time the Town Board
meets.
SUPERVISOR HARRIS: Marie, Councilman Wickham has a suggestion.
COUNCILMAN WICKHAM: I'm not a lawyer, but it seems to me that we made,
as George said, basically a committment to the person, who was here this morning,
that we would put it on. It's on. It's on the agenda, and we're prepared to
vote on it. If they would contact us now, and say that we would be happy to
have you act on it at a future meeting. I think we could do that. Speaking
personally, I was one of those, who more or less, indicated that it was on the
agenda, and we're ready to deal with it tonight. The mechanism for us not to
deal with it tonight, is for them to make request along the lines, that you just
made. Could you help them make that request to us?
TOWN ATTORNEY ARNOFF: I talked to them at 1:30 today. I talked to Mr.
Pellicane's Office today, and told them that exact thing, Tom.
COUNCILMAN WICKHAM: And what did he say?
TOWN ATTORNEY ARNOFF: He wasn't there. I talked to the lady, who was
here, and she said, okay.
MARIE ONGIONI : See, that's exactly the problem. The problem is that Mr.
Pellicane, who is the applicant.
TOWN ATTORNEY ARNOFF: And, also, the'attorney.
MARIE ONGIONI: Sherry is merely his agent. She wasn't authorized at the
time of this telephone call, to anyway change what was before the Board earlier
today, and.[ don't think she had any communication with Mr. Pellicane up until
this point.
3 § 8MARC.
SUPERVISOR HARRIS: Marie, the problem that exists before the Board is that
we have written notice on behalf of the applicant to withdraw this subdivision,
and to refund totally the fees, that they've paid to the Planning Board. We have
no notification in writing, other than verbally what you have told us now, and
what you said earlier, to think any differant. We need verification not to go ahead.
We held this up now for two weeks. They asked us two weeks ago, and it would
have been done probably two weeks ago, but we held it up for some further informa-
tion from the Planning Board, which the Town received. I think at this point
the Town Board is in a position, we had the request come, not only in writing,
but we had the individual, again come as of 11:30 this morning, still pressing
to make sure that it was going to be taken care of tonight. We have no notifica-
tion since Harvey has contacted you, or PeIlicane's office to suggest any different
at this time. That they don't want it to be refunded.
MARIE ONGIONI: Okay, I appreciate your hearing me. I understand the predicta-
ment that you're in. I was hoping, that we would be able to avoid some unnecessary
proceedings, if you could just hold it off for a short time. I didn't realize you
had made the representation to her this morning, that you would acting on it today,
JUSTICE HARRIS: Was Mr. Pellicane at that meeting at 5:30 last night?
MARIE ONGIONI: Yes sir. Mr. Pellicane and Mr. Banks, my clients, and it was
agreed that certain amount of the down payment would be refunded together with
the filing fees of this application would be part of the settlement, in essence which
would void the contract of sale, and in light of that l'm before you now,.
SUPERVISOR HARRIS: Marie, we appreciate the dilemma you have, and I hope
you appreciate the dilemma, that we have, too, because we have no notification
from the applicant, and those are the only ones, that we can deal with at this
time. Not to refund the money, even a phor/e call to the Town Attorney would
have sufficed. That hasn't transpired even, and we have to proceed ahead with
the request as we have it submitted to us, until next time..until such time, that
we've been notified otherwise, we have to proceed on what we have.
MARIE ONGIONI: Okay, thank you.
SUPERVISOR HARRIS: Thank you.
FRANK CARLIN: Frank Carlin. Laurel. I have a few questions on the resolutions
here. Item 26. $190,000.00 on a bond for roads and improvements in Cornfields.
What's Cornfields?
SUPERVISOR HARRIS: A subdivision.
FRANK CARLIN: I wonder why $190,000. Don't we have enough 'n our regular
yearly budget to..
SUPERVISOR HARRIS: That's not what this is. This is..l'll let Town Clerk Judy
Terry explain it you. This is a standard procedure, that the Town does when
it comes to subdivisions.
TOWN CLERK TERRY: An engineer calculates the cost for making the roads and
improvements in this undeveloped subdivision, and once he comes to that amount
of money, and it's approved by the Planning Board, and Highway Superintendent,
the owners of the subdivision have to post that money with us. in the event,
that they should default in making the improvements, the Town could call upon
the bond, and use that money. It's not our money. It's his money, he's having
to give us.
FRANK CARLIN: Then this is actual for new roads? It's not for like to resurface
them?
TOWN CLERK TERRY: No. No.
SUPERVISOR HARRIS: See how she stated that? It was much easier.
FRANK CARLIN: One more. Item 32, bids for a new police boat. Seems to me,
last year we just got a new police boat,
359
MARCH 12, 1991
SUPERVISOR HARRIS: What this is, Frank, the Town Ray Constable, the senior
Bay Constable, has received a grant from the Federal government for a purchase
of a police boat, which has to be used. We're replacing a police boat, that goes
back into the early 80's, and all we're doing is replacing a police boat with another
police boat. There's no money at all being exchanged by the Town of Southold.
It's a direct exchange. We're going to go out to bid for a police boat, and the
grant will suffice to take care of that exchange. That's what this is.
FRANK CARLIN: So now you'll have'two police boats.
SUPERVISOR HARRIS: We already have it. We have two police boats already.
This is the old police boat. We're going to be trading that in, and we'll be receiving
a new one with this grant money.
FRANK CARLIN: But you did get one new one last year, t',]ough?
SUPERVISOR HARRIS: Yes. '89, I think, they purchased it.
FRANK CARLIN: There was a write-up in the newspaper.
SUPERVISOR HARRIS: In '89, they purchased that,
FRANK CARLIN: So, this is strictly for a police boat? It wasn't for funds for
the Police Deparment?
SUPERVISOR HARRIS: It's earmarked just for a police boat.
EDWARD SIEGMANN: I had made a request to something two meetings ago, and
in my absence from the last meeting I see by the minutes that there were some
things brought up about what I was supposed to have said at the prior meeting.
SUPERVISOR HARRIS: Ed, just for one minute, is this deal with resolutions,
that we're dealing with, first? All we're doing at this portion is the resolutions,
and then we'll open up..
EDWARD SIEGMANN: When do you open it for unfinished business?
SUPERVISOR HARRIS: As soon as we finish the resolutions, public hearings, and
then we'll go back out to the audience.
EDWARD SIEGMANN: We have to go through the whole meeting to correct some-
thing that was said at the last meeting?
SUPERVISOR HARRIS: This is strictly, Mr. Siegmann, just the resolutions right
now. It should go very quickly. Anybody else on any resolution that we'll be
enacting in the next few minutes?
JOHANNA NORTHAM: Number 39, is that with reference to the Generic Solid
Waste Management Plan?
SUPERVISOR HARRIS: It's just the end of the SEQRA process. Yes.
JOHANNA NORTHAM: What I would like is to have my comments included for
the public record. These issues I will address are very familar to everyone sitting
on the Town Board. The Town Board I urge to set aside any final decision on
the Southold Solid Waste Management Plan until the litigation has been resolved.
That I believe will be done. There are two issues in the law suit, that I feel weren't
clearly defined. The first one is the Landfill Law addressing hydro zones one,
two and three. We're in zone four, which I feel exempts us from the 1983 Long
Island Landfill [_aw. The other issue, which I think is very important is the 360
reg. This issue is addressed, unfortunate in the lawsuit, but not scrutinized.
It's the most important point in my address. The 360 permit originally focused
on hazardous and industrial waste. However, with a sweep of a pen, the hazardous
waste policy, we have this solid waste 360 permit. An umbrella .and the framework
was established for all facet of solid waste. Test wells, liners, collection system.
The Legislative purpose of this act was to amend the law to provide two separate
waste management policies. It was to encourage the development of economical
projects, an expensive reasoning for this action in dealing with muncipal garbage.
Of course, if any landfill is being hazardous and polluting groundwater it should
be closed, which was the intent of the 360 permit. But to enforce this mandate
g0 more landfills would be a financial burde-n to the taxpayers of Southold. The
3b0 permi, t action, which the New York State Legislator wrote into the Environmental
Conservation Law in December, 1988, is a mystery. There is no documentation
available of the genesis of this regulation. It was not included in the draft regula-
tions published in April, 1988. Nor was the change discussed in the draft environ-
.mental impact statement. The definition first appears in the final regulations
effective' December, 1988. This issue has been brought up many times with the
Task Force.-. I have requested information from Dvirka & Bartiluccl. There are
people that have requested information from the DEC on the genesis of this permit,
- ~:encompassing solid ~aste municipal landfill, and none has been forthcoming. What
I'm requesti'r~g i§ that perhaps the Town Board members ask D¥irka & Bartilucci
to get us some information on how this 360 permit with a sweep of the pen, involved
the solid waste with the hazardous waste. Thank you, ver' much.
SUPERVISOR HARRIS: Thank you. Are there any members of the audience,
that would like to address any resolution, that we'll be doing? (No response.)
tf not, Ellen would you like to start them off?
1.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Joseph W. Petrauskas for renewal of his single
family house trailer permit, for trailer located at 490 Hill Street, Mattituck, which
permit expires on March 13, 1991, be and hereby is granted for a six (6) month
period.
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 Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an ac~reement between the County
of Suffolk and the Town of Southold, as a member of the Suffolk County Community
Development Consortium, and European American Bank, who will provide a loan
pool to provide home improvement loans to income eligible families, who are Credit-
worthy, and a loan pool to guarantee home improvement loans at below current
market interest rates; term of the agreement shall be from March 1, 1991 to
February 28, 1993; all in accordance with the terms and conditions set forth in
the agreement, all of which are subject to the approval of the Town Attorney.
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, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of H.O. Penn Machinery Co., Inc., in the amount of $9,816.00, for repairs to
the Caterpillar 816B Compactor located at the Southold Town Landfill; said repairs
to be accomplished all in accordance with the bid specifications.
3.-Vote of the Town Board: Ayes: Councilman ?~fickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by
WHEREAS,
and seeks
WHEREAS,
.they wish
Supervisor Harris, seconded by Justice Edwards,
Cablevision has requested a waiver of the Excavation Permit process,
a standing permit; and
Cablevision has agreed to contact the Highway Department each time
to bury lines within the Town; and
WHEREAS, Cablevision has agreed to abide by the ru es and regulations set forth
in Chapter 83, Street Excavations, of the Code of the Town of Southold; now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Town Clerk to issue a standing Excavation Permit to Cablevision, all in
accordance with the recommendation and approval of Superintendent of Highways
Jacobs.
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.
MARCH 12, 1991
361
5.-Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby amends their
Resolution no. 23, adopted on February 5, 1991, by changing the title of the
newly created position of part-time Dat'a Processin9 Clerk to part-time "Data Entry
Operator". (This is the title designated by civil service after reviewing the duties
of the position); and be it further
RESOLVED that the Town Board hereby amends their Resolution no. 25, adopted
on January 22, 1991, appointing Carleen Graseck as a part-time Date Processin9
Clerk to read: part-time "Data Entry Operator".
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.
SUPERVISOR HARRIS: I might add that, this resolution is merely taking existing
positions, that we had, and shifting them into a new Civil Service titles for these
individuals, not 'ncreasing any personnel.
6.-Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for resurfacing Town Roads on Fishers
Island with slurry seal - 25,000 square yards, more or less as may be needed,
all in accordance with the bid specifications.
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 Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the application of Joseph F. Barszczewski, Jr. for renewal of
his trailer permit, for storage trailer located on the west side of Kerwin Boulevard,
Greenport, which permit expires on April 7, 1991, be and hereby is 9ranted for
a six (6) month period.
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 Councilwoman Oliva, seconded by the Entire Town Board,
WHEREAS, it has been determined that the presence of family violence in the
society of our Town demands that we marshal all of our resources to endeavor
to help and protect its victims; and
WHEREAS, it has been found that progress against family violence must involve
the active participation of law enforcement agencies; and
WHEREAS, the responsibility of this municipality is to protect the victims, imple-
mentation of a pro-arrest policy is consistent with the Criminal Procedure Law
of the State of New York, the Orders of the County of Suffolk, and other munici-
palities, be it therefore,
RESOLVED,~ that the Commissioner of the Police Department of the Town of Southold
and the Chief of Police of the Town of Southold shall put into effect forthwith
the following additional policy with regard to police response to family violence/
spousal abuse calls:
PRO-ARREST POLICY
TOWN OF SOUTHOLD
PURPOSE: The purpose of this document is to set forth a policy which clearly
delimits the actions to be undertaken by police agencies and which call for the
immediate arrest of persons suspected of committing a violent offense against a
member of the same family/household.
DEFINITIONS
COMPLAINANT: For purposes of implementation of this policy a complainant shall
be defined as any of the following: spouse, parent, child or any member of a
household, persons not married by living together in an intimate relationship,
persons not married but formerly lying together, same sex couples and intimate
dating partners.
FAMILY OFFENSE: A family offense shall be defined as any act which may constitute
or be defined as disorderly conduct, harassment, menacing, reckless endangerment,
assault (any degree), attempted assault between spouses, between parent and
child or between members of the same family or household all of such conduct
as defined under the Penal Law of the State of New York. For the purposes of
this definition, disorderly conduct includes acts amounting to disorderly conduct
not committed in a public place.
3 6 2 M^.c, 12, 1991
FAMILYZHOUSEHOLD: Persons legally married to one another, persons related
by blood or marriage, or persons formerly married to one another, persons having
a child in common regardless of whether they have been married or lived together
at any time.
ORDER OF PROTECTION: An Order of Protection shall be defined as an order
issued by a local Criminal Court, a Family Court, District Court or Supreme Court
requiring compliance with specific conditions of behavior, hours of visitatiorl and
any other condition deemed appropriate by the court issuing said document. Any
violation of an Order of Protection will subject the violator to immediate arrest.
PROBAB'LE CAUSE: A combination of facts, viewed through the eyes of a police
officer "which would lead a person of reasonable caution to believe that a family
offense is being committed or has been committed. Probable cause means thle same
thing as "reasonable cause to believe" and "reasonable grounds to believe".
PROCEDURE
1. Where a police officer responds to the scene of a domestic disturbance but
lacks reasonable cause to make an arrest, and where no civilian arrest is being
made, the officer shall remain.at the scene until the officer, is satisfied that any
immediate danger of violence has passed and the officer has exhausted all appropriate
-~ptions to protect and assist the victim or any potential victim.
:2. Whenever a police officer respons to a report of a domestice disturbance,
~hether an arrest is made or not, the officer shall fill out a "Domestic DistUrbance
eport" - PDTS-130 in addition to filling out a field report.
3. Whenever a police officer respons to a report of a domestic disturbance,
whether an arrest is made or not, the officer shall obtain the name, date of birth,
and address of any children less than eighteen (18) years of age who are the
issue of a victim or suspect whether they reside on the premises or not. Where
there is reasonable cause to suspect that any child mentioned in said report, may
be the victim of child abuse, neglect or any other maltreatment, the Southold Town
Police Department Juvenile Aid Officer shall be notified immediately.
4. Offenses committed by people in the following relationships shall be covered
by this order as to when and how arrests are made, but are not family offenses
and therefore can only be adjudicated in Criminal Court:
A.Persons who are not legally married, but who live together in a
family relationship.
B.Persons who are not legally married, but formally lived together in
a family relationship.
5. At the scene of a domestic disturbance where an offense has occurred, before
proceeding with any action concerning a family offense, the complainant must be
advised of the court options open to them and the right to make a civilian arrest.
In all cases where a physical arrest is made, the defendant will be taken to Southold
Town Justice Court. If the complainant chooses the Family Court forum the Justice
Court must be advised by the complainant within 72 hours. In situations where
the offenses are not family offenses, the only court option available is Criminal
Court.
6.
A. A police officer who responds to a domestic disturbance and finds that
there is evidence of a family offense or offense between members of a household
and said offense is a crime, the officer shall' not attempt to reconcile the parties
or mediate but shall arrest the offender even if the victim requests otherwise.
B. A police officer responds to domestic disturbance and finds that a family
offense or offense between members of a household has been committed in the
officers presence shall arrest the offender. When the violation has not been
committed in the officers presence he shall inform the victim out of the presence
of the suspect (whenever possible) of the victims right to make a civilian arrest
pursuant to Section 140.30 of the Criminal Procedure Law. If the victim requests
a civilian arrest, the officer shall effect and process the arrest.
C. When an arrest is made, whether a summary arrest due to necessity
~r civilian arrest, regardless of the forum chosen, Criminal or Family Court, the
defendant will be charged criminally in Justice Court. Once an arrest is made,
the complainant has 72 hours from the filing of the complaint with the court ~to
change courts.
ORDERS OF PROTECTION
7. A. The presentation of a Family, Criminal, or Supreme Court Order of
Protection to a member of the police force by the petitioner, or knowledge that
such an Order exists, constitutes authority to take the person named therein (the
respondent) into custody for an alleqed violation of the terms. If probable cause
exists that the respondent violated t'~e terms of the Order of Protection an arrest
must be made. There will be no attempts to reconcile or mediate the situa_tic~n.:
MARCH 12, 1991
363
B. When a respondent is taken' into custody for a violation of an Oraer
of Protection, he will be charged with that violation, (i.e. Violation Order of
Protection, Family Court-V.O.P.F. OR Violation Order of Protection, Criminal
Court-V.O.P.C.) Respondent may also be charged with independent offenses,
as appropriate. Upon his taking the respondent into custody, the arresting officer
will attempt to have the petitioner sign a civilian arrest form. The petitioner's
signature documents their understanding of the responsibilities and consequences
of an arrest. If the petitioner is incapable or __refuses_ to sign. a civilian arrest
form, and probable cause exists that the respondent violated the Order of Protection,
an arrest must novertheless be made.
C. In a situation where the respondent is not at the scene, (although
a respondent may be taken into custody at any place, not only at the scene of
alleged violation), the police officer will advise the petitioner of the following options,
depending on which Order of Protection applies:
(1) Family Court Order of Protection: The petitioner can respond to
the Probation Department Intake Unit and file a petition, charging
a Violation of Order of Protection, or may proceed pursuant to (2).
(2) Criminal Court Order of Protection: The petitioners can respond to
police headquarters and file a complaint (CR. Contempt 2nd) in
accordance with existing laws and procedures.
The forgoing is subject to warrant requirement, (Payton v. N.Y.)
D. The period of time in which Orders of Protection are in effect is
calculated from the date of issuance of the Order of Protection and/or the time
period as indicated on the Order. This period, in months, is noted on the Order
of Protection or in some instances the phrase "until further order of the court"
may be noted. When this quoted phrase is indicated on the order, it is in effect
indefinitely until voided by the court.
E. A respondent taken into custody for an alleged violation of an Order
of Protection may be admitted to bail by the Family Court or by any Criminal
Court but never bailed by police personnel.
8. A. When an officer makes no arrest in reponse to a complaint of a family
offense, or offense between members of a household expanded definition as per
Section 4; prior to the completion of the tour of duty, the officer shall prepare
a detailed written report setting forth the reasons why no arrest was made. This
report shall be filed with and reviewed by the Supervising Sergeant who was on
duty at the time of the incident. Incidents of noncompliance with this order shall
be reported to the Chief of Police by the officer's Supervising Sergeant.
B. The officer shall not use any of the following reasons for failing to
make an arrest.
1. That the suspect lives on the premises with the victim.
2. That there may be a financial consequence caused by the arrest.
3. That the suspect has left the premises or willing to do so.
4. That the suspect and victim are married or had a prior or
existing cohabitating relationship.
5. That the victim has made prior calls or is a chronic caller.
6. That the suspect gives verbal assurance that no harm shall
occur to the victim.
7. That the alleged injury is minor or not visible.
8. That the officer feels that the victim may not cooperate in
subsequent proceedings.
9. That prosecution or conviction may not occur even though
there exists reasonable cause to arrest.
9. A. An accusatory instrument that charges a defendant in a criminal
proceeding with any offense listed below will have a description of the relationship
between the defendant and the victim indicated on the upper right hand corner
of the accusatory instrument in the following form:
Defendant:
Relationship to Alleged Victim
Alleged Victim:
Relationship to Defendant
B. Where protection of the identity of a victim of an offense is required
by law or otherwise is deemed appropriate, and where placement of the designation
or relationship on the accusatory instrument would tend to identify the victim,
the officer shall file a separate statement annexed to the accusatory instrument,
alerting the court of the defendant's relationship to the victim. Such statement
shall not be made available to the public.
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.
MARCH 12, 1991
9.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
refund of $900.00 to Petrol Stations Ltd., which sum represents the difference
between the filing fee for a minor subdivision and a major subdivision (applicant
applied for a minor subdivision, paying $2,500.00 fee, and it was discovered a
road would be required, thus the subdivision was classified as a major, and the
application fee for a major subdivision s $1,600.00, therefore the difference of
$900.00; said refund is hereby granted n accordance with the recommendation
of the Southold Town Planning Board.
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.
Resolution #10, requesting E.M. Kontokosta to revise the Draft Environmental Impact
Statement with respect to Southold Commons change of zone petition, and Resolution
¢11 requesting Jem Realty Co. to revise the Draft Environmental Impact Statement
with respect of their Jem Commons change of zone petition, were put on hold.
12.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Super-
intendent of Highways Raymond L. Jacobs to purchase Slurry Seal from the Suffolk
County Contract ~GHR-1991, which award was issued on March 1, 1991.
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 Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund - Whole Town 1991 Budget to
provide for a handicapped ramp at the A.R. Grebe American Legion Post No. 1045,
Fishers"Island, previously disallowed by the Suffolk County Community Development
Office:
To: A6510.4 Veteran Services, Contratual Expenses 5 5,480.00
From: A1990.4 Contingencies, Contractual Expenses $ 5,480.00
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 Wickham, 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 an ac~reement between the New York
State Division of Equalization and Assessment and the Town of Southold, whereby
the Division will provide computer processing services for the preparation of the
Town's 1992 assessment roll, tax roll and tax bills, for the period from April 1,
1991 to March 31, 1992, at the fee of $6,992.40 for the service, plus a one-time
annual software fee of $250.00.
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 pursuant to Article 8 of the Environmental Conservation Law,
State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter
44 of the Code of the Town of Southold, notice is hereby given that the SOuthold
Town Board, in conducting an uncoordinated review of this unlisted action, has
-determined that there will be no significant effect on the environment.
DESCRIPTION OF ACTION: Proposal to construct an artificial wetland at the head
of Town Creek, Southold; stormwater runoff will be diverted into a series of wells
anC overflow will go into a artificial wetland area; wetland vegetation will remove
silt and sediment and reduce other runoff associated problems. In conjunction
with this project the Town Board wishes to enter into a drainage easement with
Lewis L. Edson where the project will be located.
The proposal has been determined not to have a significant effect on the
environment because an Env'ronmental Assessment Form has been submitted and
reviewed and the Town Board has concluded that no significant adverse effect
to the envrionment is likely to occur should the project be implement as planned.
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.
MARCH 12, 1991
365
SUPERVISOR HARRIS: I'd like to say that I'm pleased that this administration
has been taking some serious looks at what has happened to our bays. This is
one way, that the Town can be, and continues to work towards protecting our
natural resources, and of course, the natural resource products, that are produced
from them, and congratulations to all those that have helped enact this resolution
tonight.
!6.-Moved by Councilwoman Oliva, seconded by Councilman Penny., it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Grant of Drainage Easement between
Lewis L. Edson and the Town of Southold, whereby Mr. Ed,.on has agreed to grant
the Town an easement over his 0.2637 acres of land located on the west side of
Hobart Road, Southold, which the Town proposes to use for drainage purposes
to construct an artificial wetland to purify road runoff and surface waters that
drain towards Town Creek, Southold; said easement to be for a period of ten (10)
years, with automatic extensions for successive period's of one (1) year; all in
consideration of One ($I.00) Dollar to be paid by the Town to Lewis L. Edson.
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 Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the application of Sophie T. Saunders for renewal of her single
family house trailer permit, which permit expires on April 7, 1991, for trailer
located on the north side of Main Road, Laurel, be and hereby is granted for
a six (6) month period.
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 Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissioners of the Fishers Island Ferry District to enter into an
agreement with Drew Oil Corporation, lowest bidder, for providing diesel fuel
for MV's Race Point and Munnatawket for calendar year 1991.
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.
19.-Moved by Councilman Penny, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 26th day of February, 1991, a proposed "Local Law in Relation to Zoninq Use
Regulations; and
WHEREAS, said proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:02 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Zoning Use Regulations
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13 (Definitions) is hereby amended as follows:
HOME OCCUPATION -
A. Any gainfu activity customarily conducted only within a
dwelling unit by the residents thereof that is clearly
secondary to the residential use.
3 6 6 M^.CH ,2. ,9.1
[3. Activities carried on by the residents which are connected
with produce of the seas, bays or harbors caught or dug
by them including storage and dockage of boats and gear,
spreading and mendin9 of nets and other gear and sale of
such produce so gathered, shall also consitute a "home
occupation."
C. Tradesman, not limited to carpenters, plumbers,
landscapers, painters, masons and electricians.
HOME PROFESSIONAL OFFICE - This shall be understood to
include the professional office or studio of a doctor, dentist,
teacher, artist, architect, engineer, musician, lawyer,
magistrate or practitioners of a similar character, or rooms
used for "home occupations", provided that the office, studio or
occupational rooms are located in a dwelling in which the
practitioner resides.
2. Section 100-31(C)(2) (Accessory Uses) is hereby amended as
follows:
2. Home occupation, includin9 home professional offices,
provided that:
(a) No display of goods is visible from the street.
(b) Such occupation is incidental to the residential use
of the premises and is carried on in the main building
by the residents therein with not more than one (1)
nonresident assistant.
(c) Such occupation is carried on in an area not to exceed
twenty-five percent (25%) of the area of all floors of
the main building, and in no event shall such use
occupy more than five hundred (500) square feet of
floor area.
(d) There shall be no exterior effect at the property
line, such as noise, traffic, odor, dust, smoke, gas,
fumes or radiation.
(e) Studios where dancing or music instruction is offered
to groups in excess of five (5) pupils at one (1) time
or where concerts or recitals are held are prohibited.
(f) In no manner shall the appearance of the building be
altered nor shall the occupation be conducted in a
manner that would cause the premises to lose its
residential character including, but not limited to,
the use of colors, materials, construction or
lighting. No display of products shall be visible
from the street, and no stock-in-trade shall be kept
on the premises.
(g) Notwithstanding anything set forth elsewhere in this
Article, home occupations and home professional office
shall in no event be deemed to include real estate or
insurance offices, animal hospitals, kennels,
barbershops, beauty parlors, clinics or hospitals,
mortuaries, nursery schools, clubs, auto repair shops,
restaurants, tourist homes, rooming houses or
boarding houses and uses similar to those listed above.
(h)Signs - See Section 100-31(C)(9)
(i) Home occupation and home professional office shall not
include manufacturing, fabrication or construction of
any type on the site.
(j) Outdoor storage of equipment necessary for residents
connected with produce of the seas shall be screened
from view and shall conform to the setbacks for
accessory structures.
II. This Local Law shall take effect upon its filing with the Secretary of State.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared dul~, ADOPTED.
20.-Moved by Councilwoman Oliva, seconded by Supervisor Harris,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 26th day of February, 1991, a proposed "Local Law in Relation to Off Street
Parking Regulations"; and
WHEREAS, said proposed Local Law'was refe.~red to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations; now,
therefore, be it
MARCH 12, 1991
367
RESOLVED that the Town Board hereby sets 8:05 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid proposed Local Law, which reads as follows, to wit:
A Local law in Relation to Off Street Parking Regulations
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to reads as follows:
1. Section 100-191(Q) (1) (a) (Commercial Vehicles) is hereby
amended to read as follows:
(a) One (1) commercial vehicle not exceeding twenty-five (25)
feet in length may be parked in the driYeway on an
occupied lot in any residence district.
II. This Local Law shall take effect upon its filing with the Secretary,.of State.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, S~ pervisor Harris.
This resolution was declared duly ADOPTED.
21.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, there was presented to the Town Board of the Town of Southold, on
the 26th day of February, 1991, a proposed "Local La~.~ in Relation to Open Storage";
and
WHEREAS, said proposed Local law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:07 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearin9 on the aforesaid proposed Local Law, which reads as follows, to wit:
A Local Law in Relation to Open Storage
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 100-236 (A) (Open storage) of the Code of the Town of
Southold is hereby amended to read as follows:
A. No unenclosed storage, except parking of operable
passenger vehicles capable of passing inspection or
recreation vehicles or boats and commercial vehicles as set
forth in Section 100-191, shall be permitted in a
residential district.
II. This Local Law shall take effect upon its filing with the Secretary of State.
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.
22.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva,
WHEREAS, there was presented to the Town Board of the Town of Southoldr on
the 26th day of February, 1991, a proposed "Local Law in Relation to Requirements
for Fire Lanes"; and
WHEREAS, said proposed Local Law was referred to the Southold Town Planning
Board and Suffolk County Department of Planning for their recommendations; now,
therefore, be it
RESOLVED that the Town Board hereby sets 8:10 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearinc~ on the aforesaid proposed Local law, which reads as follows, to wit:
A Local Law in Relation to Requirements for Fire Lanes
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:
I. Section 100-235 (Requirements for access and fire lanes) is
hereby amended by adding thereto a new subsection (C) to read
as follows:
C. Fire Lane Standards for all lots improved with a
building or structure.
· 1. Surface free from potholes, ruts and other defects.
2. Up to fifteen (15) feet in width and up to fifteen
(15) feet in height subject to approval by-Building
Inspector for Residential Structures.
II. This Local Law shall take effect upon its filing with the Secretary of' State.
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.
3 6 8 M^.cH 12, ,991
23.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the application of the First Baptist Church of Cutchoque for
renewal of their sinc~le family house trailer permit, for trailer located on the
church property on the north side of Middle Road (C.R. 48), Cutchogue, which
permit expires on April 14, 1991, be and hereby is cjranted for a six (6) month
period.
23.-Vote of the Town Board: Ayes: Counc Iman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $25.00 for Recreation Supervisor Kenneth
Reeves to attend the 3rd Annual Long Island Recreation, Parks and Leisure Services
Association Spring Conference to be held at Eisenhower Park on Friday, April
26, 1991; said charge to be made to A7020.4, Recreation Administration, Contractual
Expenses; check made payable to Long Island Recreation, Park and Leisure Service
Association (LIRPLSA).
24.-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 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 Contract Budget Modification Request
to the Suffolk County Office for the Aging with respect to the SNAP [Supolemental
Nutrition Assistance Program.) Budget, for the period of April 1, 1990 through
March 31, 1991, which modification results in a zero net change.
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 Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the
amount of $190,690.00 for a bond for roads and improvements in the maior sub-
division of "Cornfields" at Southold, all in accordance with the recommendation
of the Southold Town Planning Board and James A. Richter, Engineering Ispector.
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 Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Deputy Town Clerk Elizabeth A. Neville to attend the State Archives and Records
Administration (SARA) Spring 1991 Basic Workshop, "How to Manage Local Govern-
ment Records", to be held on Thursday, March 21, 1991 at Suffolk I, BOCES,
Westhampton Beach, from 9:00 A.M. through 3:30 P.M., and the necessary expenses
for travel and lunch shall be a legal charge against the Town Clerk's 1991 Budget.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
28.-Moved by Justice Edwards, 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 Contract Budget Modification
Reauest to the Suffolk County Office for the Aging, for an amendment to the
Nutrition Program Budget for the period of January 1, 1990 through December
31, 1990.
28.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
29.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby ,grants permission
to Assessor Scott Russell and Assessor Darline Duffy to attend an Assessor's
course entitled, "Fundamentals of Equalization", to be held at Brobme County,
New York, from March 26, 1991 through March 29, 1991, and the necessary
expenses for registration, travel, meals and lodging shall be a legal charge against
the Assessor's 1991 Budget.
29.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
199,3, 6 9
30.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Assistant Town Attorney Matthew G. Kiernan to travel to Albany, New York,
on Monday, March 11, 1991, to meet with the New York State Department of Envir-
onmental Conservation, and the necessary expenses for airfare and meals shall
be a lega charge against the Town Attorney's 1991 ~3udget.
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 Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
following budget modification to the General Fund- Whole Tc'vn 1991 Budget for
payment of the 1991 New York State Association of Large T-)wns' dues:
To:
A1920.4 Municipal Dues, Contractual Expenses $ 500.00
From:
A1990.4 Contingencies, Contractual Expenses $ 500.00
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 Councilman Wickham, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the purchase of a new 24 ft.
Bay Constable workboat, with the trade-in of the ~3ay Constable 1981 24 ft.
Privateer workboat; purchase of new boat to be made with the $20,000.00 New
York State grant funds.
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 Justice Edwards, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for the sale of the Town-owned 1986
90 hp Yamaha outboard motor; minimum bid to be $800.00.
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 Councilman Penny, seconded by Supervisor Harris,
WHEREAS, there has been presented to the Town Board of the Town of Southold
a proposed Local Law entitled, "A Local l_aw in Relation to Unsafe Buildinqs and
Premises"; now, therefore, be it
RESOLVED that the Town Board hereby sets 8:00 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a public
hearing on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Unsafe Buildings and Premises
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 90 (Unsafe Buildings) of the Code of the Town of Southold is hereby
amended as follows:
1.Section 90-1 (Title) is hereby amended as follows:
This chapter shall be known as the "Unsafe Buildings,
Premises and Collapsed Structures Law of the Town of Southold."
2.Section 90-3. (Unsafe buildings and premises prohibited) is
hereby amended as follows:
A. Unsafe Buildings. All buildings or structures which are
structurally unsafe, dangerous, unsanitary or not provided
with adequate egress or which in relation to existing use
constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or
abandonment, are, severally, for the purpose of this
chapter, unsafe buildings. All such buildings and
structures are hereby declared to be illegal and.are
prohibited and shall be abated by repair and rehabilita-
tion or by demolition and removal in accordance with the
procedures of this chapter.
[3. tJnsafe Premises. All premises which are unsafe,
daneerous, suffer from inadequate maintenance or neglect
or which do not permit or provide for adequate access by
emer9ency and or fire rescue vehicles are, for the
purpose of this chapter, unsafe premises. All such
premises are hereby declared to be illegal, are
prohibited and shall be abated by repair and rehabilitation
in accordance with the procedures of this chapter.
Section 90-4 (Inspection and report) is hereby amended as
follows:
A. Unsafe Buildin9, When, in the opinion of the Building
Inspector, any structure located in the town shal be
deemed to be unsafe or dangerous to the public, he shall
make a formal inspection thereof and thereafter prepare a
written report thereof and file the same in his office.
B. Unsafe Premises. When, either on the Buildin9 Inspector's
own volition or after receiving a written recommendation
from the Commissioners of any Fire Department or Fire
District or from the Villaee of Greenport Fire Wardens or
Village Trustees located in the town that any premises's
unsafe in tl~tit does not permit or provide for adequate
access by emergency and/or fire rescue vehicles as
required by Section 100-235 (C) in which the Ruilding
Inspector concurs, the Building Inspector shall make a
formal inspection thereof and thereafter prepare a written
report thereof and file the same in the office.
Section 90-5 (Service of notice) is hereby amended as follows:
A. When it shall be determined by the Buildina Inspector that
a building, premises or structure is dangerous or unsafe to
the public, he shall promptly serve or cause to be served a
notice on the owner or other persons having an interest in
such premises, building or structure as hereinafter
provided.
B. The aforementioned notice shall be served on the owner of
the building, structure or premises or same one of the
owner's executors, legal representatives, agents, lessess
or other person having a vested or contingent interest in
same, as shown by the last completed assessment roll of the
Town, either personally or by registered mail, addressed to
the person intended to be served at the last known place of
business. If the notice is served by registered mail,the
Building Inspector shall cause a copy of such notice to be
posted on the premises.
Section 90-6 (Contents of notice} is hereby amended as Follows:
The notice referred to in Section 90-5 hereof shall contain the
followin9:
A. A description of the premises.
B, A statement of the particulars in which the premises,
buildin9 or structure is unsafe or dangerous.
C. An order requiring the premises, building or structure to
be made safe and secure or removed.
D. A statement that the securing or removal of the building or
structure or the rehabilitation of the premises shall
commence within ten (10) days from the date of the service
of the notice and shall be completed with thirty (30)
days thereafter. The Building Inspector may extend the
time of compliance specified in the notice, where there is
evidence of intent to comply within the time specified and
conditions exist which prevent immediate compliance. In
9rantin9 any such extension of time, the Building Inspector
may impose such conditions as he may deem appropriate.
E. A statement that,, in the event of the neelect or refusal of
the person served with notice to comply with same, a
hearin9 will be held before the Southold Town Board,
notice of which and the time and place thereof to be
specified in the notice to the owner referred to in Section
90-5 hereof.
MARCH 12, 1991
37]
F. A statement that, in the event that the Town Board, after
the hearing specified in section 90-6E hereof, shall
determine that the premises, building or structure is
unsafe or dangerous to the public, the Town Board may
order the building or structure to be repaired,
made safe and/or secured or taken down and removed. In
the case of an unsafe premises, the Town Board may order
the premises rehabilitated and made safe.
G. A statement that, in the event that the premises, buildinq
or structure shall be determined by the Town to be unsafe
or dangerous and in the event of the neglect or refusal of
the OW.her to make safe, repair or remove the same within
the time provided, the Town may remove such building or
structure or make safe the premises by whabver means it
deems appropriate and assess all costs and e~penses
incurred by the Town in connection with th~ proceedings to
remove or secure, incIuding the cost of actually removing
said building or structure, against the land on which said
buildings or structures are located.
Section 90-7 (Filing of copy notice) is hereby amended as
follows:
A copy of the notice referred to in Section 90-6 hereof may
be filed with the County Clerk of the County within which such
premises, building or structure is located, which notice shall
be filed by such clerk in the same manner as a notice of
pendency pursuant to Article 65 of the Civil Practice Law and
Rules and shall have the same effect as a notice of pendency as
therein provided, except as otherwise hereinafter provided in
this section. A notice so filed shall be effective for a
period of one (1) year from the date of filing; provided
however, that it may be vacated upon the order of a judge or
justice of a court of record or upon the consent of the Town
Attorney. The Clerk of the County where such notice is filed
shall mark such notice and any record or docket thereof as
cancelled of record, upon the presentation and filing of such
consent or of a certified copy of such order.
Section 90-8 (Emergency measures to vacate)
If the Building Inspector determines in his inspection of any
premises, building or structure that there is actual and
immediate danger of failure or collopse so as to endanger life,
he shall promply require the premises, building, structure or
portion thereof to be vacated forthwith and not to be reoccupied
until the specified repairs are completed, inspected and
approved by the Building Inspector. For this purpose, he may
enter such premises, building or structures with such assistance and
at such cost as may be necessary. He may also order adjacent
structures to be vacated and protect the public by appropriate
barricades or such other means as may be necessary and for
this purpose ~ay close a private or public right-of-way. The
Building Inspector shall cause to be posted at each entrance to
such premises, building or structure a notice stating, "This
building (or "premises", if applicable) is unsafe and its use or
occupancy has been prohibited by the Building Inspector."
Such notice shall remain posted until the required
rehabilitation, repairs are made or demolition is completed. It
shall be unlawful for any person, firm or corporation or the'r
agents or other persons to remove such notice without written
permission of the Building Inspector or for any person to enter
the building except for the purpose of making the required
repairs or the demolition thereof.
Section 90-9 (Costs and expenses)
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove the
danger or in connection with the demolition and removal of any
such building or structure shall be assessed against the land on
which such building or structure is located, and a statement of
such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertair~ed or located, then such
statement shall be posted in a conspicuous place on the
premises. Such assessment shall be and constitute a lien upon
such land. If the owner shall fail to pay such expenses within
ten (10) days after the statement is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an alternative to the maintenance of
any such action, the Building Inspector may file a certificate
37 2 MARCH 12, 1991
of the actual expenses incurred as aforesaid, together with a
statement identifying the property n connection with which the
expenses were incurred and the owner thereof, with the
assessors who shall, in the preparation of the next assessment
roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall
constitue a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and
under the same penalties as is provided by law for the
collection and enforcement of real property taxes in the Town of
$outhold.
II. This Local law shall take effect upon its filing with the Secretary of State.
34.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly AD. OPTED.
35.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of the $7,300.00 application fee paid by Richard Pellicane with respect
to his proposed major subdivision "_Sundance Shores", located on the south side
of Albertson Lane, Southold, whereas Mr. Pellicane has withdrawn his applil:ation
which was in the sketch plan stage, and the Planning Board advises that their
members and staff had only expended 5-3/4 hours on the review of the aforesaid
proposed subdivision.
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.
36.-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 Guest Landfill Permits";
now, therefore, be it
RESOLVED that the Town Board hereby sets 8:12 P.M., Tuesday, March 26, 1991,
Southold Town Hall, Main Road, Southold, New York, as time and place for a
public hearinq on the aforesaid proposed Local Law which reads as follows, to wit:
A Local Law in Relation to Guest Landfill 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)(3) (Fees) is hereby amended to read as follows:
3. Guest landfill permit: For noncommercial vehicles of less
than one-ton capacity owned by a. guest of a resident in
the Town of Southold and transporting only household
refuse, provided that such vehicle displays a valid guest
landfill permit issued in accordance with the following:
a. A guest landfill permit shall be issued by the Town
Clerk or a person designated by her to all persons
who are qualified residents of the Town of Southold,
as defined in Section 48-4(A)(1) hereof, for use by
guests temporarily residing in the dwelling of such
resident. A resident applying for a guest landfill
permit shall present an application in affidavit form,
signed by the applicant the setting forth:
1. The location of the property to be occupied by
the guests.
2. The names and permanent addresses of the guests.
3. The length of time of the guest occupancy.
b. Upon a determination by the Town Clerk, or person
designated by her, that the applicant is entitled to a
guest landfill permit and upon the payment of the
permit fee, 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 guest landfill permit
shall be twenty-five dollars ($25.)
2. Section 48-4(A)(4) is hereby amended to read as follows:
Per-load fee of two dollars ($2.) for each noncommercial
vehicles of less than on~-ton capacity which possesses no
permit.
3. Section 48-4(A)(5) 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.
MARCH 12, 1991
373
4. Section 48-4(A)(6) is hereby amended to read as follows:
Annual fee of fifty 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)(7) 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)(8) is hereby amended to read as follows:
Annual fee of fifty dollars ($50.) for each farm ve~icle of
one-ton or more capacity transporting agricultural waste.
7. Section 48-4(A)(9) is hereby amended to read as ~ollows:
Per-lOad fee of fifty dollars ($50.) for each doubl?~-axle
truck which does not possess a permit.
8. Section 48-4(A)(10) 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)(11) 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.
10. Section 48-4(A)(12) is hereby amended 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.
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: A memorializing resolution, this resolution that we'll be
doing next is calling upon the New York State Legislature to end funding
mandates by an acting mandate reimbursement legislation. I'd like to move that,
and I'd like to have it unanimously seconded by the Town Board.
37.-Moved by Supervisor Harris, seconded by the Entire Town Board,
WHEREAS, the state and federal governments mandate localities to provide programs
and services without the provision for appropriate reimbursement; and
WHEREAS, the excalating costs of these mandates are the single biggest threat
to holding down property taxes; and
WHEREAS, each year, the problems associated with unfunded mandates increase
as a result of continual state and federal actions to expand existing mandated
services and enactment of new mandated programs; and
WHEREAS, it is time that New York State join the 18 other states that have enacted
laws to protect local taxpayers from the burden of paying for mandates and to
restore balance to state-local government relations; and
WHEREAS, Suffolk County has proposed Mandate Reimbursement Legislation, which
will accomplish this objective, and has secured the support of Counties across
New York State as well as the New York State Association of Counties; and
WHEREAS, this legislation would prohibit the State from imposing any new unfunded
mandate costing more than $1,000 on local governments unless passed with a 2/3
vote of the Legislature, and would create a New York State Commission on Mandates
which would oversee the preparation of detailed Local Fiscal Impact Statements
to accompany all legislation and regulations; so therefore, be it
RESOLVED, that the Town Board of the Town of $outhold urge the New York
State Legislature to enact Suffolk County's Mandate Reimbursement Legislation;
and be it further
RESOLVED, that copies of this resolution shall be sent to Governor Marlo Cuomo,
the New York State Legislature, Suffolk County, and the New York Association
of Counties. Dated: March 12, 1991.
37.-Vote of the ToWn Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman I~enny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
38.-Moved by Councilwoman Latson, seconded by. Councilwoman Oliva,
WHEREAS by resolution dated March 12, 1991, the Town Board of the Town of
Southold expressed its support for the Draft Nomination Document as prepared
by the Suffolk County Department of Health Services to be presented to the United
States Environmental Protection Agency for the inclusion of the Peconic Bay Estuary
in the National Estuary Program; and
374 MARCH 12, 1991
WHEREAS the concerns and comments submitted to the Suffolk County Department
of Health Services from the Town of Southold with regard to the Draft document
have been satisfactorily addressed and included in the final Draft of the National
Estuary Program nomination document of March, 1991; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold reiterates its whole-
hearted endorsement and support for efforts to preserve the Bay and restore
areas currently degraded; and be it further
RESOLVED that the Town Board of the Town of Southold hereby calls upon the
governor of the State of New York to expeditiously review and accept the final
nomination document dated March 1991 as prepared by the Suffolk County Health
Department; and, be it further
RESOLVED that the Town Board of the Town of Southold requests the Environmental
Protection Agency to expeditiously review and accept the no.lination document
whcih will include the Peconic Bay into the Nationa Estuary Program and also
access to federal funds for remedial measures; and, be it further
RESOLVED that the Town Board of the Town Of Southold pledges mutual coopera-
tion with other levels of government and states as a paramount goal the preserva-
tion of the Peconic Bay and restoration of the water quality of degraded areas
of the Bay and its tributaries to a fishable and swimmable state for the benefit
of present and future generations.
38.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
39.-Moved by Councilman Wickham, seconded by Justice Edwards,
WHEREAS, this Town Board is considering an action as follows: the development
of a Town-wide comprehensive solid waste management plan ("Plan") that will
provide the reduction, recycli,ng, processing, and disposal of all municipal solid
waste generated with the Town; and
WHEREAS, this Town Board has accepted and reviewed a Full Generic Environmental
Impact Statement regarding said Plan; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this Board hereby
finds as set forth in the State Environmental Quality Review Act, Town of Southold
Solid Waste Management Plan/Generic Environmental Statement, SEQR Statement
of Findings and Decision, and finds that the above-noted action has been evaluated
with regard to generic impacts upon the environment, and has determined that
the impacts so identified can be adequately mitigated and therefore finds to adopt
the Solid Waste Management Plan as set forth in the attached SEQR Statement of
Findings and in the GELS; and be it further
RESOLVED that the Findings Statement for the above described action shall be
filed in accordance with the requirements of the New York State Environmental
Quality Review Act.
39.-Vote of the Town Board: Ayes: Councilman Wickham, Councilman Penny, Justice
Edwards, Supervisor Harris. Nos: Councilwoman Latson, Councilwoman Oliva.
This resolution was declared duly ADOPTED.
COUNCILWOMAN OLIVA: I'd like to make a statement. I just don't feel that the
finding statement, it is a GELS, an environmental impact statement, my feeling
is that it is not the environmentally sound thing to do, both economically and
environmentally to dump garbage into a double lined landfill, that is going to
become anaerobic and has a possibility of smelling. I just don't think that is the
proper method of getting rid of your garbage. I don't feel the plan has addressed
that, although it does say that you can reevaluate things as time goes along. Still
in all, the DEC requirement is that a double lined landfill..the filling up of a
double lined landfill must be done from the product of a resource recovery
~_system. I don't feel they consider what we are planning to do, the product of
a resource recovery system, and I don't think they will agree with it, and own
personal feeling is that it is not the way to go with your garbage, and as far
as the economic part of the ElS, is going to cost a lot of money just to buy more
property to line the five acre landfill, then at some future date, maybe a couple
of years down the line, some of these liners might break, and leak, and we're
going to be stuck with more expense. I think this needs further study, both
on the State and local level, and that's why I'm voting no.
COUNCILMAN WICKHAM: I'd like to make a comment in defense of this pr:oposed
resolution. I think I share some of Ruth's concerns about this, and I think many
of us, in the Town Board, have some reservation about (tape change) recycling,
reprocessing, reuse, and composting plan. The question of what to do with the
residual product is, I think, the key issue, that the Town has to deal with. The
finding statement, that we've just adopted, outlines a pragmatic, systematic and
least cost approach in solving that problem for the Town. It does propose the
construction of double lined cells for landfilling here. We think that that's the
cheapest way. We have some reservations about it, but in view of the mandates ,
and restrictions, and the way the New York State has written the law, this appears
M^R H 12, 1991 3 7 5
to best solve the problem for the Town of Southold at this time, so that's why
it's been forward at this time, and that's why those of us who voted for it have,
in fact, voted for it.
SUPERVISOR HARRIS: Thank you, Tom.
COUNCILWOMAN LATSON: My no position on the Solid Waste Management Plan
was reached because the plan relies on landfilling through 1992. As we all know,
on December 18, 1990 landfilling ended by law on Long Island, except through
temporary relief, and extension by this date, which this Board was unprepared
for, and unable to qualify. Landfilling raw garbage in a double-lined cell at an
undisclosed cost of millions does not comform to the State law. Southold's plan
is unacceptable as presented, and to date we have spent a cost of $287,000. tax-
payer dollars.
SUPERVISOR HARRIS: Thank you, Ellen.
40.-Moved by Councilman Penny, 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 contractual a,cjreement between
the Town of Southold and Chief of Police Stanley Droskoski for the period beginning
Janaury 1, 1991 through December 31, 1991, and sets his compensation for such
employment at the annual salary of $80,230.00.
40.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
41.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the ToWn Board of the Town of Southold hereby reappoints James
Dinizio, Jr. a member of the Southold Town Board of Appeals, effective April
19, 1991 for a five (5) year term to expire April 19, 1996; and be it further
RESOLVED that the Town Board hereby reappoints G. Ritchie Latham, Jr. a
member of the Southold Town Planninc~ Board, effective April 30, 1991 for a five
(5) year term to expire April 30, 1996.
41.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
42.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
recjret, the resignations of Joseph L. Townsend, Jr. and Joy Bear, members of
the Southold Town Landmark Preservation Commission, effective April 5, 1991,
and extends their sincere thanks and appreciation to them for the time and
expertise they have devoted to the duties of their positions.
42.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
43.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold here by authorizes and
directs the Town Clerk to advertise for resumes for two (2) members of the Southold
Town Landmark Preservation Commission.
43.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
44.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoints John
A. Stack a member of the Southold Town Landmark Preservation Commission,
effective April 5, 1991 through April 5, 1993, he to serve in said position without
compensation.
44.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
45.-Moved by Supervisor Harris, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John
P. McCormick a member of the Southold Town Conservation Advisory Council,
effective March 12, 1991 through June 18, 1991.
45.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilman Penny, Justice Edwards, Supervisor Harris. Abstain:Councilwoman Oliva.
This resolution was declared duly ADOPTED.
MARCH 12, 1991
SUPERVISOR HARRIS: At this time, I'd like to go out to the audience for those
members, that would like to address any concerns that they may have. Mr.
Siegmann?
EDWARD SIEGMANN: On February 5th, I made what I thought was a simple request
of the Town Board. Last meeting that you held, I wasn't present at the meeting,
but I see it was neccessary for somebody to raise some questions about what 1
meant the day that I spoke. First, the remark was made that they didn't know
who I represented. I was representing Suffolk County East End Senior Citizen
Council, and Mattituck Senior Citizens. Secondly, there was some remarks made --
about me wanting to take the taxes off the school..the school taxes off the property
tax rolls, and put them on a town income tax. I don't know how this ewer came
about. I never mentioned anything about a town income tax. All I spoke about
was the Suffolk County, and Nassau County tax, and I said that there were many
ways that it could be done, but I favored the income tax fc, r several reasons,
because I felt that the people working..living in the City cf New York, and traveling
into Nassau and Suffolk County to work could pay a Suffolk, Nassau County income
tax, the same as the people who go from Suffolk County, and Nassau County into
the City of New York have to pay city income tax. I still want to make the request
of the Board. I don't know where it came into the possibility that people owning
a business would not have to pay taxes. I never mentioned anything about people
owing a business, but reading the minutes of your last meeting, I seemed to see
some things in there, that felt that these were some of the things that I was
suggesting. I suggested none of those. In fact, Scott you meet me one day,
and said what kind of language was I talking about. I gave you a copy of the
language, that I thought would be sufficient, that said we believe the antiquited way
of collecting school taxes were removed from the property tax roll, and put on
a more equitable way of payment, it would solve many of the tax problems in this
area. I still make that request. I don't see why there should be any problem
with it. I think anybody sitting on this Town Board must realize, that while the
tax problem is being handed down to the towns from the federal government, then
from the State, that says they don't have the money to pay, and they pass it
down to the Town to have to raise the money. When the federal government and
the State pay for these things, it's done by income tax money. When it's pa~sed
down to the Town, it's paid by the property tax rolls, and this can not continue --
to go on, because everytime it happens you are chasing more and more people,
both young and old, that can not afford to pay these types of taxes on some people
with very small incomes. I look forward to your resolving this, and possible giving
me a copy of it, because all of the school boards have said that they are willing
to write such a resolution. They're going to turn them over to me, when they
have them, and I intend to turn them over to Senator LaValle, and Assemblyman
Sawicki. Thank you.
SUPERVISOR HARRIS: Mr. Siegmann, just for a point of clarification, two weeks
ago, when this issue came up, and as you stated, you were not here. Neither
was I here, running this meeting. I was up in Albany fighting the State with
revenue sharing cutbacks, that they proposed for ail the towns. I was up there
with ten Town Supervisors. I did receive your communique. I did distribute
it to the Town Board, and all the members did have that in front of them, when
this discussion was entailed. So, I just want that to be a part of the record,
that that communique, that you distributed was given to the Town Board for
them to look at, and to understand directly what you did mean, and what you
were looking for, and while we're on that, if we could get a copy of the resolutions,
that the schools are passing. I would be glad to work with this Town Board to
see how we would word a resolution very similar to that.
EDWARD SIEGMANN: Most of them, they are writing their own language, and
personally I prefer it that way because 1 don't want it to look like somebody walked
in, and said here sign this thing, to everybody. They're writing their own
language, and they've written it in different ways. For example, one that I got
this week from one of the school boards, says, they don't mention anything about
property tax. 'All they say, is that a more eo, uitable way should be found for
funding schools in the budget method. They don't use the word property tax.
I don't know why they don't use it. Possibly they have there own good reasons,
and I don't care whether they use that, or not, as long as it says, that there's
got to be more equitable way of paying your taxes then to be done off the property
tax rolls. That's my concern, and I'm sure your attorney can sit down, and write
some kind of language for you, that would be suffice. I was happy with the
language I gave you, whether you want to correct that in any fashion, I have
no authorship of it. Thank you.
MARCH 12,
1991
377
SUPERVISOR HARRIS: Thank you.
FRANK CARLIN: Frank Carlin. Laurel. I've been away for three weeks, and
I couldn't make the last Animal Shelter meeting, committee meeting, so I've got
to bring myself up to date with it. I can't speak my ideas at this thing, about
the committee..about my suggestions, because it wouldn't be fair where the
committee is here. I do have a few things, I'd like to ask you. 1, also, know
that as far as locating, the landfill, Moore's Woods, and Emerson's property in
Greenport, to me that's just about out. I don't think we'll be able to use any
of the that land; so that's out. But, what I want to ask you is a question here,
and I'm not going to say that it's possible, l'm not going to say it isn't possible,
but if, I say if, it came down to replacing the old building that we have over
there. It's falling apart now. It's made up of, almost cardboard. If 'it came
down to that. I'm not saying it will. If. How much mone}, being that you're
all here now, how much is the Town Board willing to financ~; that for? The amount
of money to replace that building?
SUPERVISOR HARRIS: Let me just evade the question very quickly, Frank, because
I'm good at evading questions along with other politicians. We as a Board have
not sat down to talk about dollars and cents, that are going to be allocated towards
this facility until it was assured by the Alternate Location Committee, that it had
been totally exhausted, that all locations had been looked at. I think after our
discussion, that we had today, a brief discussion on-this subject, that we're going
to have one more meeting, probably be the last meeting of the Shelter Relocation
Committee, which I formed, as you know, and which you were appointed to, to
discuss what options, where we are at this point, and I've also asked all the Town
Board members to come to that meeting, so that at that time we can work towards
the concensus of what direction we will take, and where we will go with the Shelter,
and I don't know if I've set that meeting up or not with a date yet.
FRANK CARLIN: ' But, also, at that meeting you will have an idea, at that time,
how much you're willing to spend. I presume by that time.
SUPERVISOR HARRIS: The discussion wil entail then from the League, what their
needs are, what the Town Board deems to be their needs, and what direction
we wil go. At that time, it will certainly all be discussed, and I hope we can
move in a direction from that point.
FRANK CARLIN: Like I said, I want to make it very clear, because too many
years, this seemed like I fought leaving the location there, l'm just saying if.
This is if. One more thing, a thing has come up about the problem about the
Police Station. What problem can the Police Station have on this Animal Shelter.
You can either go East. You can go West. You can go North, so what effect will
that have on the Animal Shelter? I don't see any effect. Do you? I mean that
should be eliminated. Let's get that off. It shouldn't be one of the issues here,
speaking to the Police Chief, speading to Ray Jacobs. I think that should be
eliminated. Let's not use that. Thank you, very much.
SUPERVISOR HARRIS: Thank you. I have a State of the Town address, which
I presented last night to the Kiwanis, as I did the year before, and at this time,
I'd like to read the State of the Town address into the record. Are there any
members on the Board, that would like to have anything to say about committees,
or meetings you attended? Yes?
COUNCILWOMAN OLVIA: I was delighted that we had the kickoff of our sub-com-
mittee on our recycling for the education of the second, third and fourth grade
at Mattituck School. On Friday, they had a puppet show, with a trashasourous
for the second and third graders, and for the fourth graders they had the trash
busters. Every Monday, Wednesday and Friday from about 10:45, I think, to
about 12:30, they will be, these volunteers, fourteen of them, will be instructing
the second, third and fourth grade classes at Mattituck School on a real hands on
approach to recycling. They sit down, and they find out how to make a compost
pile. They find out what they should separate in their garbage. They look through
their lunch, and see what is good, and what is bad. They will be taking a trip
to King Kullen, or treasure hunt to look for recycables, hazardous waste; and
what have you, and at the end they will be .having an assembly to present awards,
and what have you. The two most important things about this is first of all to
educate the children, now in the second, third, and fourth grades, as to recycling,
as to reuse, and reduction, so when they grow up, and hopefully as they're
growing up, they will start informing our County, our State, and our Federal
leaders, that we can not be a throw away society any longer, that we must package
wisely. We must use our resources wisely. The second benefit of this, is that
the children will take this message home to their parents, and I think they will
be harder task masters on their parents, than we could ever be, and our Chairman
is Molly Brown, who has done such a ter/'ific job, and I'd ike to congratulate
her, and all her volunteers on the marvelous work, that they're doing. Thank
yOU .~ . _
SUPERVISOR HARRIS: Thank you., Ruth. Ellen?
CQ,U. NCILWOMA'N LATSQN: Those'of you, who frequent our Town boat launch ng
-~r~ps, and" our Town owned property ~v see a new sign bein9 posted. It says:
Caution, feeding;water low' may 'be h'armfui',-and regular feeding can cause Creek
._:'cl'osures due to unacceptable c~liform'count.' The DEC has closed many of our --
· :~:~,~.-:~cree.k~.because of. coliform-count;exceeds the State allowable limits. Birds contribute
-"'~?ia-g~e~t deal of fecal coliform to-i~t~e ~"reek~, dependency on people on food, spread
of disease, all of the above. This was designed in cooperation with the Southold
Town Highway Department, the Southold Town Board, and the CAC, the Conser-
vation Advisory Council. Basically, it's a message to keep the wild in wildlife,
have the wildlife dependent on themselves, Also, I'm happy to report that, after
several years, and many meetings, there will be a boat launching ramp at the
head of Mattituck Inlet. That's one step further to provide an access to Long
Island Sound for all the residents in the Town, and I just saw the Town of
Southold unanimously endorse the Natural Estuary Program, which will help in
bringin9 an estimated three to five million dollars to the Suffolk County Health
Department to complete the studies originated as a result of the Brown Tide. I
had the first two resolutions places on the agenda, when the Town Board endorsed
the National Estuary Program, and I'm very happy, that all of the towns, except
for two Councilman in Riverhead have come on board in support of this very important
program. Thank you, Scott.
SUPERVISOR HARRIS: Thank you, Ellen. t have reaffirm what Ellen is saying.
This NAP Program is very important, and hopefully, in the future it will shown
just how important it will be beneficial to all of the Peconic Bay systems throughout
the five East End towns. At this time, I'd like to recognize George Penny, Deputy
Supervisor.
COUNCILMAN PENNY: I'd just like to speak. People spoke before in regards
to the SEQRA finding statement for the Town's Solid Waste Management Plan, which
I voted in favor of. We've gone through a long, lencjth and deliberate process
over the last fifteen months, and it's certainly not the end of it. But the avenue
for public imput, and expressions of feeling from the community, and from any
individual working within the plan, or around the plan, and within the realms
of the Town Hall, or outside the Town Hall, all had the opportunity for public
imput. The recommendations in this plan are not as firm as the people, that voted
against the plan would tell you. There are options. There is a list of options,
and these options were created as a working option list throughout the last year,
and were addressed one by one. There is a reality here, and the reality is the
litigation, that we're under, and this plan does not go around that reality. It
requires in the interim phase a two year extension of the Landlaw Law closure
date mandated by the Long Island Landfill Law would be neccessary for continued,
but reduced landfilling at the current site. It's very clearly address in here.
Continued use of Southold's existing landfill would, also, allow it to achieve the
desired configuration, and contour elevations for proper closure and capping.
That is addressed also. This would, also, avoid trave through western towns,
and New York City, and not result in out-of-state, or upstate exportation. So,
economically, this probably is one of the most viable concepts in the plan. It= the
landfill extension is not granted, then long haul of the Town's waste of Long
Island could, not would, but could be necessary until the first five cell acre
is completed. There's nothing hidden in this plan. This plan addressed every
possible phase of the Long Island Landfill Law, whether we win, or we loss the
lawsuit, and now the Town Board is going to have to get to the hard choice.
Today was the easy choice. We just deemed this document complete, and it was
complete in my mind, because it addressed every question, that I heard raised
during the course of the year, and the many public imput meetings, and public
hearings, that we had also. It was done by consensus. The Task Force worked
very hard on this, and although one or two individual members may not be happy,
a consensus could not have been reached. There's always going to room for that.
But, that should not hold up the Town from it's direction. If we win the lawsuit
everything may change a little bit, but meanwhile we're dealing with a total reality
here. The next move the Town Board is going to have make is the hard choice,
and that which of all each of these concepts, that are addressed in this plan,
which ones is the Town going to accept, and what is going to be the final direction?
That is something, that will be forthcoming. But I want to compliment the Solid
Waste Management Task Force, the Town Board, and the public for the imput,
and Dvirka and Bartilucci for answering all the questions. Many were politically
motivated, and they did the best to keep this as a completely a pol.itical document.
They addressed substantially every comment, that was raised by the public, either
verbally here at the Town Hall, or in writing, and we even extended additional
MARCH 12, 1991
379
time to the DEC, and when they came in, even after that deadling, we addressed
their comments also. It is a very complete and thorough document, and 'm very
please to support it. Thank you.
SUPERVISOR HARRIS: Tom?
COUNCILMAN WICKHAM: I'd like to speak very briefly on first, the waste manage-
ment side. One of the things, that the Waste Management Plan does not addrees
is how is the Town going to finance it? How is the Town going to pay for the
major costs of handling garbage in the way that the New York State Law says
it has be handled? As it turns out the estimates, that we now have indicate that
the costs are going to be pretty close, irrespective of which of several options
we choose. How we're 9oin9 to finance that is a question, that always been in
front of us, and it could be an issue pressing the Town very soon, depending
on the litigation and all of that. The Task Force,and the Town Board,will be
reviewing several alternative along these lines, and one of the ones, that we are
going to be looking at carefully is the possibility of a user fee, or a fee for those
people, who bring in garbage, or carters, who pick it up at their houses, based
on the volume, or the weight of garbage actually generated by those families.
So, that's one of the proposals. We think the estimates are now that it will probably
cost over a million dollars per year at some stage, and we've go to figure out
a way to finance that. Second thing I want to say is the Planning and Zoning
Committee, a. standing committee of the Town Board, is looking carefully at the
use of open space, reserved open space, in cluster subdivisions. I believe our
meeting is tomorrow night, where we will be taking up proposition for ways in
which the open space is reserved in these cluster subdivisions could be made most
use of in ways that support the Town's interests. Thank you, Scott.
SUPERVISOR HARRIS: Thank you, Tom. Judge, do you have anything?
JUSTICE EDWARDS: Comments on the GElS statement. I think the Town Board
is more or less going on a little trip with this GELS. I mean, number one, we've
got the car in drive. I think it's foolish to put it in park, and let the rest of
the traffic come up, and go around there. I think we had to go along with it,
even though a couple of members did not like some of the reading in here. No
matter what plan would be brought before us, there would be some people that
would say no, no, no. I think it's just ridiculous to put everything on hold.
We've got to go forward, and that's what we did. Thank you, Scott.
SUPERVISOR HARRIS: Frank, come on up, and identify yourself, please.
FRANK CARLIN: Frank Carlin. Laurel. It all sounds good, George and Tom,
what they just said, but it just too bad the plan had to be fought. The election
didn't work as well, or sound as well.
SUPERVISOR HARRIS: At this time, it's my great pleasure to present to the
Town Board the State of the Town address. The theme of this year's State of
the Town Address is towards a common goal, and at this time, I'd like to read
it for the town, and enter it permanently into the record. 'fl'his is a speciaJ time
in our country's history. The United States of America is feeling an enormous
sense of pride as a result of our great victory over Sadaam Hussein in the Gulf
crisis. As Americans, we can all feel tremendous satisfaction in knowing that
Hussein's terrible war machine was swiftly destroyed by our brave American military
and we must thank our leaders, particularly President Bush and his advisors,
for having the courage and conviction to pursue the actions necessary to achieve,
what we hope, will be a just and lasting peace in the Middle East. Here on Long
Island, and particularly in Southold Town, support for our President and our
troops during the Gulf crisis was evident. Wherever I looked, yellow ribbons
could be seen, and I can not recall ever seeing so many American flags being
so proudly displayed. It is comforting to know that this love of our great country
and our belief in the spirit of democracy, which has made this country great and
this town great for the last 350 years, is alive and well and continues to burn
brightly in Southold in 1991. Our victory in the Gulf is a shining example of
what people can accomplish when they work together towards a common goal. This
rekindled sense of patriotsm took on a special meaning here in Southold because
it came directly on the heels of the Town's 350th Anniversary. This enduring
spirit of the townspeople of Southold Town was never more apparent than during
last year's 350th birthday celebration. What a fantastic tribute to Southold's great
history. What a tremendous commentary on Southold today, and what a wonderful
gift of promise for Southold's future. Last year's celebration of 350 years was
MARCH 12, 1991
brought about by a remarkable collaboration by great number of individuals, too
numerous to mention here, all working together towards a common goal, that goal
being, giving Southold a week long birthday party befitting this Town's great
history. Personally, I feel blessed to have been the Supervisor of this great
town during it's 350th Anniversary year because it gave me the opportunity to
become personally involved in every aspect of the celebration. From the historical
re-lighting and rebuilding of two lighthouses, Horton's Point and Bug Lght, to
the creation of a town song called "Children for a Future", from the restoration
and dedication of the Old Bayview School House to the fabulous parade we all
enjoyed down Main Street in Southold. The 350th celebration demonstrated to
us, again, what people can accomplish when they work together towards a common
goal. In preparing the State of the Town address, my ~econd such address, it
occurred to me the remarkable similarities between the nature of the Town address
and the nature of the 350th celebration. The celebration o-.fered us an opportunity
to step back from the events of everyday life, to examine 'where Southold has
been, where it is today and where we, all working together towards a common
goal, want it to go in the future. In the same way, this State of the Town address,
given today at about the midpoint of my first term as Supervisor, gives us an
opportunity to step back to see what we have accomplished to date, to assess
the current state of affais in the town, to identify our common goals for Southold
in the future, and to chart how we are going to work together to achieve these
goals. With that said, let me briefly recount the significant accomplishments of
my first year as Supervisor. First, budget and taxes. As I reported during
my State of the Town address last year, upon taking office, my administration
inherited a budget deficit of over one million dollars. This deficit occurred
because of improper budgetary practices, thus resulting in a tax increase. But,
rather than saddle our already overburden townspeople with any increased bonded
indebtedness, Ichose not to bond that inherited budget deficit but rather to eliminate
it with conservative fiscal management and an aggressive cost-cutting program.
Including in my program was reducing overtime for all town employees except where
absolutely needed. Because of the sad financial state that this town was left in,
I was forced to institute an additional policy to insure that government spending
was cut to an absolute "bare-bones" minimum. I instituted a policy, a policy new
to this town of Southold, which required that all vouchers for purchase of any
item be signed by me. This policy creates more control on the Town's finances
so I can ensure that the Town was spending only on an as needed emergency
basis, in addition, I reduced the number of town hall employees, another cost
saving measure. Lastly, I requested that all Town employees conserve expenses
whenever and wherev'en possible. I must commend my employees again for their
cooperation and efforts in saving tax dollars. The policies and programs I initiated
within Town government has resulted in a significant savings of Town expenditures.
It is again rewarding to see the results of Town employees, taxpayers themselves,
working towards a common goal, saving money. I intend to continue on with this
austerity program to ensure that the only purchases made by this Town are those
which, coupled with future planning, are absolutely necessary. The Town Budget
for 1991 one of the leanest budgets in years. As I reported to you at the time
this budget was adopted, it calls for a four (4%) percent increase in spending,
an increase which is less than the rate of inflation for the year 1990. My major
concern at this time is the projected elimination of state revenue sharing. This
will surely lead to elimination of programs, tax hikes, or both. There is the possi-
bility of elimination of programs in mid-year, since information of these cuts was
not made available to us at budget time. I have already made one trip to Albany
in protest of this deficit shifting, and I will continue to fight the State's attempts
to shift any of the six billion dollars ($6,000,000,000) budget short fall to the
Town of Southold, especially now, while the country and town ride out the balance
of this recessionary period. Please be assured, however, that we in Town govern-
ment are sympathetic to the hard economic times facing our residents and are con-
stantly striving to keep spending in town to a minimum, also remember, the Town's
portion of the taxbill is only twenty percent (20%) of the total tax dollars you
pay, 20%. The status of our Landfill is, I'm sure, among the issues uppermost
in the minds of the Town's residents. As you all must surely be aware by now,
in 1983 the New York State Legislature, in its infinite wisdom, enacted what is
commonly referred to as the Long Island Landfill Law. This Law requires all land-
fills on Long Island to cease operation by December 18, 1990. The aim of this
Law was a good one. It's purpose is to prevent continued landfilling from contami-
nating drinking water on Long Island and volume reduction. This may be a good
law as it pertains to landfills in the western part of Long Island, but it has no
rational application to the Landfill of Southold Town, because we in Southold do
not landfill the same type of garbage as do the industrial towns of Long Island,
like Babylon, Oyster Bay and Hempstead. Because we don't landfill industrial
waste and because of our recycling efforts, STOP Program and other steps taken
to reduce our wastestream, this legislation must be amended in it's application
MARCH 3 8 i
to Southold and our rural East End towns' solid waste landfills. Continued land-
filling in Southold is not a new idea. This is not an idea recently developed.
Continued landfilling in Southold and in Other rural areas was first proposed in
what is commonly known as the "208 study". The "208 study", done by a State
commission in 1978 is commonly accepted as the basis for the Lonq Island Landfill
Law. It concluded that continued landfilling in rural towns pose~ no significant
threat to ground water. In addition, other more recent studies, includinq a 1990
report from the Suffolk County Health Department, likewise conclude that-landfilling
in rural areas poses no threat to groundwater. Nonetheless, despite all these
findings, New York State, through it's Department of Environmental Conservation,
has sought to enforce this law against Southold Town. Our repeated attempts
to convince New York State and the DEC that we in Southold should be considered
differently from the western towns, has failed on deaf ears. As a result, having
received no cooperation from the bureaucratic nightmare that is the DEC, and
faced with no alternative, we, along with the Towns of Riverhead and East Hampton,
instituted a lawsuit in the Supreme Court of the State of New York to attempt
to overturn the Long Island Landfill Law. In anticipation of this legal challange,
monies were budgeted this year for these legal expenses. The expense of this
litigation has been minimal to Southold Town due to the fact that the costs are
being shared jointly by the other East End Towns mentioned earlier. Since December
18th, 1990, this legal challenge has saved and continues to save the taxpayers
of Southold over four thousand dollars ($4,000) a day. We have won several
'mportant victories in the New York courts and have, to date, won the right to
continue legally landfilling. Currently, we are awaiting a decision from the Appellate
Court which, we hope, will allow us to continue landfilling while we proceed to
a trail of this issue on the merits. It is our belief that an impartial judge will
recognize the irrationality of applying the Long Island Landfill Law to our East
End rural towns and allow us to continue landfilling in some manner. But, let
me not convey to you a sense of false optimism.. For some time now, it has been
clear to us on the Town Board and it should be clear now to the residents of
the Town that, regard less of the outcome of our lawsuit Challenging the Long
Island I~andfill Law, the cost of managingthe Town's solid waste is going to be
substantial, It is not unreasonable to predict that costs Of complying with the
mandates for managing solid Waste imposed by N.Y.State, will exceed one million
dollars annually in the ensuing years. There are steps available to us, however,
to keep our costs at a minimum. These steps require that all Town residents
work together towards a common goal. That common goal is reducing the amount
of waste going into the Landfill by full participation by all Town residents in our
recycling program. As you are all aware, we have recently enacted legislation
mandating recycling by our residents. I anticipate that legislation providing for
mandatory recycling by our commercial enterprises will be forthcoming shortly.
Our mandatory recycling by our commercial enterprises will be forthcoming shortly.
Our mandatory recycling law carries with it the potential for large fines and even
jail sentences for those convicted of violating' it. But these potentia penalties
are not what will make our recycling program effective. 'Rather, it wil be the
joint effort of all the towns people working towards a common goal which will insure
our success in this area. Please remember, a successful recycling program will,
in the long run, save money for all of us. Todav,.l_hnd presented the Southold_
Town Solid Waste Management Plan for adoption by th~, Town ~oard. This compre-
hensive plan, which outlines both short and long term planning for the handling
of the Town's solid'waste, basically provides for aggressive recycling to reduce
the waste stream and controlled landfilling. There are numerous other options,
long and short term, available to us as we proceed through the solid waste manage-
ment issues. The resulting plan is work acheived over the last fifteen months
between the Town Board, Task Force and townspeople. This plan will accomplish
the common goal for all of 'the people of the town today and tomorrow by dealing
with solid waste in a cost effective and environmentally safe way. With all the
work on the issues of fiscal management and solid waste management, believe it
or not, we've had time to work on other important matterS. Zoning and Planning.
On the forefront of zoning and planning for the Town and the envrionment, I
was pleased to create, at the onset of my administration, a Planning and Zoning
Committee svhich is headed by Councilman Thomas Wickham. This Committee, con-
sisting of talented individuals from within Town Hall and along with other concerned
citizens, has blended their individual expertise for purpose of considering areas
mainly concerned with future planning for the town. This dedicated group, all
working toward, a common goal of sensible planning for the future of the town,
promises to be an increasingly valuable asset to the Town Board as it approaches
oecisions a~ffecti'ng the TOwn's long-term growth. At':my direction, this committee
is currently re-evaluating the commercial zones throughout the Town of Southold
to see whether any problems currently exist as a result of the current zoning,
whether we have adequately planned the placement and scope of these commercial
districts for our future and what, if any, changes could be made to improve upon
them. In addition, I have initiated serious settlement discussions with the various
groups, including the North Fork Environmental Council, who have brought a
38'2 MA.C. 199,
legal challenge against our Master Plan in court and hope that all parties will work
together in the spirit of cooperation, to achieve a reasonable solution acceptable
to all involved, certainly litigation is not the answer. We all should be working
towards a common goal for the good of the Town. Affordable housing. I'm
extremely proud to announce that affordable housing has taken a great leap forward
in Southold Town during the course of my administration. Since I have taken
office in 1990, the Town has welcomed two affordable housing projects both of
which are enjoying tremendous success. Cedarfields in Greenport and Highpoint
Meadows in Southold. It is my understanding that all 28 affordable lots in High-
point Meadows have been sold and that almost all of the units in Cedarfields have
been purchased. In addktior), under my direction, the Town Board has approved
the creation of a third affordable housing district, known as Southold ¥iHas. The
'mportance of affordable housing cannot be over-emphasized. It is absolutely impera-
tive that we insure that adequate affordable housing's avai ~ble to those residents
of Southold Town who are in moderate and lower to moderate income bracket. By
providing incentive to developers to construct affordable housing, we can enable
the adults of our town and others who qualify to remain irl our community and,
by so doing, can ensure that Southold remains a vibrant, growing community.
We on the East End of Long Island and particularly here in the Town of Southold
are blessed with precious natural resources which make our town both unique
in beauty and attractive to tourists. With this special blessing comes the responsi-
bility to insure that our natural resources remain protected and that our fragile
environment is properly maintained and managed. Sensitivity to our environment
in Southold is not only mandated by our environmental concerns but, also, because
the health and growth of our local economy is complexly intertwined with the pro-
tection of the environment. Thus, it is essential that those factions within the
town who are concerned solely with the state of the environment and those factions
within the Town who are concerned solely with the state of the economy put aside
their selfish, parochia concerns and work together towards a common goal. That
is achiewng a balancing of interests to insure that we maintain both a healthy
economy and a healthy environment. It will only be through a spirit of cooperation
that we can be sure that our town will maintain the rural quality of life and recrea-
tion and financial opportunities that we enioy. Preserving the natural resources
while allowing our economy to grow intelligently will not only be our legacy to
our children, the future of Southold, but also is our obligation. My administration
has consistently demonstrated and is dedicated to strong commitmnet to our environ-
ment. On the environment and open space, since I have taken office, that Town
has made it's first purchase of land to be used as open space pursuant to the
1.75 million dollar bond passed in 1987. The Town bought a lovely piece of property
on Marratooka Lake, known as the Norris property which is now open and may
be used as a park by any Town resident. In additon, we are continuing to work
with the Baxter family and Suffolk County to wrap up the purchase of Fort Corchaug.
This beautifully historic- I04 acre piece is scheduled to be acquired through a
cooperative deal with Suffolk County. The acquisition of Fort Corchaug is truly
one of the most spectacular birthday gifts received by the Town for it's 350th
birthday. We will continue to explore the feasibility of acquiring additional open
space within our township. In conclusion, Southold Town has achieved many
wonderful things in it's 350 years. It has come into 1991 with a great deal of
respect for its past and a clear vision for its future. Despite the constant im-
pending pressures of increased development, the Town has maintained its charming
rural character and continues to attract tourists and visitors by the thousands
to it's beautiful beaches and growing number of vineyards. It is only by continuing
to examine our past when faced with questions of our future that we will insure
Southold's slow steady movement on the right track. With your ongoing help and
with all Town residents working towards a common goal, the future of Southold
as we approach the next century looks bright. Thank you." At this time, I'd
like a motion to adjourn.
EDWARD SIEGMANN: Scott, l'd like to say something, if you don't mind. The
first part, that you spoke about the war, I don't know why I get involved in
these things, but I got to answer this. You know, everybody, when this country
war, anybody that wouldn't support our troops, there would have to be something
wrong with them. But, I want to tell you one thing, we fought in World War
II, and we were told, this is the war to end all wars. They're fighting in this
one, and you hear the story, this is the war to end all wars. As long as we
have the money, and our industrialize, that are going to sell this stuff, this
technology to these countries over there, you're never going to be without war.
I iust hope that the people, that represent us today, and I'm talking about the
Town Board on up, because you get to meet people and talk to them, I hope that
in the future, that they make it strong enough for anybody caught selling any
of this stuff to these countries, that they should be put in jail, because I don't
want to see'my grandchildren have to go through what these fellows, and women,
have to go through going over there today. Thank God we had the technology.
Without the technology, this wouldn't have been the type of war that it was. You
MARCH 12, 1991
383
know the heroes of today, a lot of the heros of today, and I'm not talking about
the guys, that fought. I'm talking about the people in Washington, are the same
people, that sold this stuff to them, that was fired back at our guys, that went
over there to fight. That's got to stop. One other thing, l'd like to make a
comment on in your speech. That $140,000, that you spent for that piece of
property at Marratooka Lake was an absolute joke. That piece of property you
couldn't build a house on it. It wouldn't be worth anything except to be a nice
piece of property for people to pass by in the car, because there's no pa~king
space there, to pass by in their car, and look in, and see the Canadian Geese.
I saw a sign before with a circle around it, don't feed the birds. So what do
we do? Buy places were you can walk down to the water. If people walk down
to the water, they're going to feed the birds. That's what they go down there
for, and if anybody wants to see Marratooka Lake, for a nice piece of property,
all they have to do is walk in on the other side of Mattituck High School. There's
a piece of property there, that leads right down to the Lake, that you can see
all the lake you want. I think that $I40,000. would have been much more wisely
spent, if it was spent on the 20% that was cut on the libraries, and some of the
other things in town, that was cut. I want to repeat something, that I keep saying,
and I've said it before, that the priorities today have to be different, than the
priorities were yesterday, because the priorities today have to be for money for
the people, and not for a lot of things, that we think somebody is going to enjoy
200 years from now, and I wish that our Board, and who ever makes these decisions
to buy some of this stuff, I hope they keep it in mind when they go out, and
purchases some of these things. Incident!y, there's a building for sale down in
New Suffolk. 1 know you're looking for a building for your Nutrition Center.
Have you looked at that building at all?
SUPERVISOR HARRIS: Yes; we have explored that building. I think it was called
John's Market.
EDWARD $1EGMANN: The only reason I'm mentioning it is, because I understand
it's selling for $225,000, which would be a lot cheaper than $450,000, as you would
have to pay for the Baxter building.
SUPERVISOR HARRIS: l'd like to make two points before we close. One being,
that this Board is very proud to purchase that piece of property around Marratooka
Lake, because it could have been built upon. It was our understanding from
our department here, that it certainly could have been..a building permit could
have been issued on that parcel, and secondly, the 1987 bond was dedicated solely
to passive open space to be purchased, to remain open in the Town of Southold.
It can not be used for any other purpose. It is strictly by the referendum, by
the bond, that was passed, to be used for open passive space within the Township,
as the other monies were, that are going towards Fort Corchaug. I wish we could
say, that monies were passed, Ed, that we could decide when we want monies
to be changed over to be used in other areas, that all of sudden now have been
magnified, that we see have been shortfalled. But, that is not the case with this
'87 bond. We are mandated. We have to stay with'in the guidelines of that referen-
dum, and that referendum is dedicated to open passive space. I just wanted to
put that in for a point of clarification. Thank you for your concern on that.
EDWARD SIEGMANN: I'll go down there with you any day at that piece of property
around Marratooka Lake. You bring your stakes along, and you bring your measuring
tape along, and we'll measure off whether anything can be built there. Don't you
have to stay 75 feet away from the edge of the water?
SUPERVISOR HARRIS: Not that I know with fresh water pond.
Moved by Councilman Wickham, seconded by Councilman Penny, it was
RESOLVED that the Town Board meeting be and hereby is adjourned at 5:40 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.
ith T. Terry ~'
Southold Town Clerk