HomeMy WebLinkAboutTB-05/07/1991433
SOUTHOLD TOWN BOARD
MAY 7, 1991
Present: Supervisor Scott L. Harris, Justice R~ymond W. Edwards, Councilman
George L. Penny IV, Councilwoman Ruth D. Oliva, Councilwoman Ellen M. Latson,
Councilman Thomas H. Wickham, Town Attorney Harvey A. Arnoff, Assistant Town
Attorney Matthew G. Kiernan, Superintendent of Highways Raymond L. Jacobs, Town
Clerk Judith T. Terry.
EXECUTIVE SESSION
9:15 A.M. - On motion of Councilman Wickham, seconded by Councilwoman Latson,
it was Resolved that the Town Board enter into Executive Session. Vote of the
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Oliva, Councilwoman Latson, Councilman Wickham. Also present: Town Attorney
Arnoff, Assistant Town Attorney Kiernan, Superintendent of Highways Jacobs, Town
Clerk Terry.---Frank Isler, Special Counsel to the Town Board, explained in detail
the meaning of the legal documents served upon the Town on May 2, 1991 with
respect to the alleged violation of the Long Island Landfill Law.
WORK SESSION
10:10 A.M. Betty Brown, President of the North Fork Environmental Council,
appeared before the Town Board and read a prepared statement with respect to the
Home Occupations Amendment. Mrs. Brown stated the -statement was' sponsored
jointly by the Greenport-Southold Chamber of Commerce, North Fork Environmental
Council, Southold 2000, Riverhead-Southold League of Women Voters, Mattituck
Seniors, and Southold TaxPac. The statement called upon the Town Board to rescind
the resolutions passing the home occupations amendment until the law can be fully
studied and properly reviewed.
10:15 A.M. - Scheduled Unsafe Building hearing with respect to the property of
Catherine R. Stiml3son and Sue Larson, at Rocky Point Road, East Marion , was
adjourned to May 21st, 9:30 A.M., at the request of the applicant's attorney J.
Kevin McLaughlin, and agreed upon by Building Inspector Wieczorek and Town
Attorney Arnoff.
10:20 A.M. Tom Maher of Dvirka and Bartilucci, met with the Board to discuss
additional services with respect to the well drilling project in connection with the
Southold Landfill Hydrogeologic Investigation (see resolutions no. 4, 5, 5, 7}.
10:30 A.M. ~4ark Rollins, Sr. met with the Town Rnard to discuss his proposal
to place vending machines with M&M's, Peanuts, etc., throughout the Town and
donate the profits to the Human Resource Center, Greenport. Mr. Rollins advised
he anticipates installing 100 machines, for a donation of $200 per month. See
resolution no. 16 for a contract on this proposal.
11:10 A.M. - Suffolk County Water Authority representatives Michael LoGrande, Chair-
man, Herman Miller, Production Control and Construction, and Ray Corwin, Core
Watershed, met with the Town Board. They presented a computer drawn map
- depicting zoning in the Town of Southold. The Town Board agreed to draw up a
charge for the Water Advisory Committee to come up with a list of priorities for the
SCWA. A meeting will also be scheduled between the Town Board, Water Advisory
Committee and the Water Authority to discuss how to move forward with a water
development plan for the Town.
11:55 A.M. Chris Stavropoulis, applicant under the Affordable Housing Program,
met with the Town Board to appeal the decision of the Director of the program,
James McMahon, that he is ineligible to participate as his 1990 family income exceed
the income limitation. Mr. Stavropolis and his wife live and work in New York City.
His wife expects to leave work soon as they are trying to have a child and she has
a high pressure lob. Mr. Stavropolis said that if the retirement program on his job
works out as is planned, he expects to retire out here within a year. (The Town
Board discussed Mr. Stavropoulis' request later in the day and denied his request
without prejudice to reapply if his circumstances change.)
12:10 P.M. - For Discussion Items: (1) Request from Police Officer Jennifer Quarty-
Combs for retroactive pay for 1% college credit under the PBA contract, retroactive
to her hire date of October 23, 1989.--Town Attorney will research past practices
and prior PBA contracts. (2) "Local Law in Relation to Zoning Use Regulations" -
Home Occupactions Law. Councilman Penny recommended that they table any f~rther
discussion of expansion of the occupations until after the public information meeting
to be held that evening at 7:30 P.M. (3) Request for one or two street lights
nearing the public basketball .courts on Fishers Island, near the school. Sustice
Edwards and Superintendent of Highways Jacobs recommended one light (see
resolution no. 17). (4) Request for a postponement of PBA contract grieYance
hearing scheduled for 5:30 P.M. this date. Board authorized new date of Tuesday,
May 21, 1991, 3:00 P.M. (see resolution no. 18). (5) Request from Fishers Island
Civic Association, Conservancy, and Development Corp. urging the Town Board to
extend the three acre zoning minimum for hotel and motel construction on Fishers
Island to the Limited Business and General Business districts, and such a cl~ange
would give Fishers Island added environmental and ecological protection and prevent
over-crowding in small spaces.--The Board referred this request to the Planning
Board and Legislative Committee. (6) Terms i)f members of the Conservation
Advisory Council expire on June 18th. See resolution no. 22 for reappointments.
(7) Discussed advertising for resumes for certain committee vacancies caused by
the resignation of Robert Villa. See resolutions 23 and 24.
EXECUTIVE SESSION
12:35 P.M. - On motion of Councilman Wickham, seconded by Councilman Penny, it
was Resolved to enter into Executive Session. Vote of the Board: Ayes:
Supervisor Harris, Justice Edwards, Councilman Pen~'y, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Superintendent of Highways Jacobs, _Town
Clerk Terry.---The Board discussed the Stavropoulis appeal with respect to the
Affordable Housing Program and rended decision to deny without prejudice to
reapply if his circumstances change (see 11:55 A.M.] .---The Board placed resolution
no. 19 on the agenda to retain the services of Smith, Finkelstein, Lundberg, Isler
F, Y akaboski as counsel with regard to the continuing Landfill litigation.
!:00 P.M. - Recess for lunch.
2:05 P.M. - Work Session reconvened and the Town Board audited bills.---Council-
woman Latson :relay, ed,to the Board the concerns of Recreation Superintendent~Reeves
concerning a possible budget shortfall for his programs due to elimination of certain
State funding, and the possibility there will be a need to charge for certain
programs.---Councilman Wickham reported on the May 6, 1991 Solid Waste
Management Task Force meeting, which addressed publicity responsibilities with
respect to proposed informational meetings on the cost of garbage; a draft response
to the DEC questioning their negative position on the Town's SWMP and the CRA
comprising part of the plan; detailed implementation plan for by-the-bag financing;
exploring tl~e possibility of state grant support for capping and closing our present
landfill, which grants require engineering studies; proposal to see new bids for
engineering services for a new landfill.
3:05 -P.M. ·Greenport Village officials- Mayor Pell, Superintendent of Utilities
Monsell, Jerry Hickson, and Trustee Steve Clark, met with the Board and l~ayor
Pell reported on a meeting held with the DEC in Stony Brook on April 24th
concerning the Scavenger Waste Treatment Facility. Mayor Pell submitted an agenda
of plant improvements, and a proposal from Cameron Engineering P.C. (see
resolution ~ no. _26) to prepare necessary bid documents with respect to the
improvements.
3:25 P.M. The Town Board reviewed the resolutions to be voted upon at the 4:00
P ~ M,.~ meeting,
MAY '7, 1991
EXECUTIVE SESSION
3:40 P.M. - On motion of Councilman Wickham, seconded by Councilwoman OliYa,
it was Resolved to enter into Executive Session. Vote of the Board: Ayes:
Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman Oliva,
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney Arnoff,
Assistant Town Attorney Kiernan, Town Clerk Terry.---The Town Board discussed
personnel, and the landfill law litigation.
3:55 P.M. - Work Session adjourned,
435
REGULAR MEETING
A Regular Meetinq of the Southold Town Board was held on Tuesday,
7, 1991, at the Southold Town Hall, Main Road, Southold, New York, Supervisor
Harris opened the meeting at 4:00 P.M., with the Pledge of Allegiance to the Fl~ag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth
Councilwoman Ellen
Councilman Thomas
D. Oliva
M. Latson
H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills of May,
7, 1991.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the following audited'bills be and hereb~ ordered paid: General
Fund Whole Town bills in the amount of $77,655.09; General Fund Part Town bills
in the amount of $22,706.92; Nutrition Fund bills in the amount of $4,437.49;
Home Aide ProgFam bills in the amount of $89.40; SNAP Program bills in the amount
of $799.54; EISEP Program bills in the amount of $119.80; Highway Fund Whole
Town bills in the amount of $6,139.30; Highway Fund Part Town bills in the amount
of $25,953.21; Capital Proiects Account bills in the amount of $51..000.00; Hydrogeolic
Landfill Study bills in the amount of $2,367.45; Employee Health Benefit Plan in
the amount of $39,526.52; E-W Fire Protection District bills in the amount of
$13,680.00; Fishers Island Ferry District bills in the amount of $16,670.77; Fishers
Island Sewer District bills in the amount of $619.63; Fishers Island Ferry District
Agency & Trust bills in the amount of $72.41.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: A motion to approve the minutes of the Board meeting
of April 23, 1991.
Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the minutes of the April 23, 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: I need a motion to set the next Town Board meeting of
May 21, 1991, at 7:30 P.M.
Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the next recjular meeting of the Southold Town Board will be held
at 7:30 P.M., Tuesday, Ma,/ 21, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
REPORTS.
1. Southold Town Dog Shelter Report for April, 1991.
2.' Southold Town Building Department Monthly Report for April, 1991.
3. Southold Town Planning Board Report for April, 1991.
4. Southold Town Clerk's Monthy Report for April, 1991.
5. Justice William H. Price, Jr. Monthly Report for April, 1991:
6. Southold Town Recreation Department Monthly Report for April, 1991.
7. Scavenger Waste Treatment Facility Report for April, 1991.
8. Lawrence Healthcare PBA Benefit Report for April, 1991.
9. Lawrence Healthcare CSEA Benefit Report for April, 1991.
10. Southold Town Justice Edwards Monthly Report for April, 1991.
11. Councilmen's Reports.
12. Supervisor's Reports.
II. PUBLIC NOTICES. None
I11. COMMUNICATIONS.
1. James F. Gilvarry, Elementary School Principal of Mattituck-Cutchogt~e
School District commenting on the 3 R's Recycling Program presented at the school
by Molly Brown and her volunteers.
2. Eric Heacock of Southold in regard to the Home Occupation Law.
3. Ben Burns of Greenport in regard to the Home Occupation Law.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: At this time, I'll go out to the audience. Is there any
members of the audience, that would like to address this Board on any resolution
that we'll be entertaining in the next few minutes? (No response.) If not, we'll
start with the resolutions, and the first resolution's authorizing Assessor Scott
Russell to attend an education pro§ram, Real Property Tax Assessment Issues
on April 26, 1991.
1.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Assessor
Scott Russell to attend a legal education program on Real Property Tax Assessment
Issues & Development in Valuing Properties & Challenging Assessments, held at
Hauppauge, New York, on April 26, 1991, and the use of a Town vehicle, and
necessary expenses for lunch, registration and travel shall be a legal charge against
the Assessor's 1991 Budget.
1.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman /_arson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
2.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold, pursuant to Article
IX of the Constitution, hereby requests the enactment of Senate Bill No. 4331
and Assembly Bill No. 7210, entitled "AN ACT amending the Highway Law, in
relation to increasing the amount permitted to be raised by taxes for certain highway
equipment in Suffolk County"; it is hereby declared that a necessity exists for
the enactment of such legislation, and the Town Board does not have the power
to enact such legislation by loc}al law.
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.
MAY '7, 1991
437
3.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to Linda Cooper, System Administrator for the AT&T Telephone System 25, and
Jeanne Ruland, Back-Up Administrator for the system, to attend the AT&T Focus
25 Meeting at Melville, New York, on Friday, May 17, 1991, beginning at 9:30
A.M., and the use of a Town vehicle, and necessary expenses for lunch and travel
shall be a legal charge against the 1991 Budget.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
4.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
allocation of an additional $10,000.00 to Dvirka & Bartilucci to provide oversight
at the Landfill site with respect to additional services to be provided to R & L
Well Drilling and Hager-Richter Geoscience, Inc. for the Southold Landfill Hydro-
geologic Investigation.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an
expenditure, not to exceed $600.00, for R & L Well Drillinq to provide security
for approximately six (6) hours a night for ten (10) nights at the site of their
well drilling operation at the Landfill, Cutchogue, all in conjunction with their
contract with the Town of Southold to install monitoring wells with respect to the
Southold Landfill Hydrogeologic Investigation.
5.-Vote of the Town Board: Ayes: Councilman Wick'ham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
~.-Moved by Councilman Wickham, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby, authorizes an
increase of $14,210.00 to the contract between the Town bf Southold and R & L
Well Drilling, to provide for the extraction of steel casing used in the cable-tool
method of borehole construction, as recommended by the New York State Depart-
ment of Environmental Conservation, thereby increasing the R & L Well Drilling
contract from $64,510.00 to $78,720.00, with respect to the Southold Landfill
Hydrogeologic Investigation, all in accordance with the recommendation of the
Town's consultants, Dvirka & Bartilucci.
'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 Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Dvirka
& Bartilucci, consultants to the Town, to retain the professional services firm
of Hager-Richter Geoscience, Inc. directly under subcontract to them, to conduct
the geophysical logging, as required by the New York State Department of Environ-
mental Conservation, consisting of electromagnetic induction and natural gamma
ray logging of the seven (7) deep wells with respect to the Southotd Landfill Hydro-
geologic Investigation, at a cost of $8,450.00, all in accordance with the recommenda-
tion of the Town's consultants, Dvirka & Bartilucci.
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.
;.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission
to the Fishers Island Fire Department to close the following Town roads for their
fund-faising marathon to be held on Sunday, May 26, 1991, between the hours
of 9:00 A.M. and 10:30 A.M. (or until the marathon is ended), provided they
secure and fil~ with the Town Clerk a one million dollar certificate of liability
insurance naming the Town of $outhold as an additional insured: Mansion House
Drive, between Fox Avenue and Equestrian Avenue; Oriental Avenue, between
Fone Street and Athol; Athol, between Mansion House Drive and Crescent Avenue.
8.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
CoUncilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
9.-Moved by Councilman Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for bids for 3,000 yards, more or less as
may be needed, of Screened Sand for Snow and Ice Control for the Highway Depart-
ment.
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.
10.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an Indemnification Ac~reement between
the Town of Southold and Women's Outreach Network, Inc,, Sayville, New York,
whereby Women's Outreach Network, Inc., Sayville, New York, whereby Women's
Outreach Network, Inc. will be permitted to provide radiology services, through
their mammography van, on Town premises on June 28, 1991, provided they file
with the Town Clerk a certificate of insurance for at least one million dollars naming
the Town of Southold as an additional insured, and provided the aforesaid Indemnifi-
cation Agreement is approved by the Town Attorney.
10.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
ll~-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the application of E~ruce M. Vitale for renewal of his single family
watchman house trailer permit, for trailer located at 7280 Sound Avenue, Mattituck,
which permit expires on May 22, 1991, be and hereby is granted for a .six (6)
month period.
11.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
12.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Town Clerk to provide 22 complimentary copies of the 350~h Anniversary Journal
to the Mattituck High School German class students who will present them to the
German students of Hanover, Germany, on June 21, 1991 during a student exchange
program.
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.
l~.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED tht the Town Board of the Town of Southold hereby reiects the bids
of Pavetec Industries Inc. and Paul Corazzini Jr. & Sons Inc. with respect to
supplying the Highway Department with Grades RC-2 and MC-2 Asphalt Road
Materials for the following reasons: Pavetec stated in the Bidder's Certificate that
they will deliver the product within 24 hours of notice to deliver by the Highway
Department, and Corazzini failed to complete the Bidder's Certificate at all; and
be it further
RESOLVED that the town Board hereby authorizes and directs the Town Clerk
to readvertise for bids for the purchase and application of 150,000 gallons, more
or less as may be needed by the Superintendent of Highways, of Grades RC-2
and MC-2 Asphalt Road Materials, delivered to the Town and applied.
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 Supervisor Harris, 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 upgrade of the Police & Fire
Emergency Medical Services Communication Systems by the installation of radio
equipment at the following sites: Police Headquarters, Peconic, LILCO Tower
site, Jamesport-, Orient Fire Department Fire Department Firehouse site, Orient.
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.
1991 4 39
15.-Moved by Councilwoman Latson, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resignations of Robert A. Villa as a member of the following committees
and postions, effective April 22, 1991: Southold Town Water Advisory Committee,
Southold Town Open Space Committee, Southold Town Solid Waste Management Task
Force, and as Southold Town's Advocate for Suffolk County Preservation or Open
Space Funds; and be it further
RESOLVED that the Town Board hereby expresses their sincere appreciation to
Mr. Villa for the time and expertise he has devoted to these committees and positions
for the benefit of the Town of Southold.
3.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
16.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute an acjreement between the Town
of Southotd and Mark L. Rollins Sr. whereby Mr. Rollins will place coin operated
vending machine (M&M's, Honey Roasted Peanuts, Western Trail Mix, etc. -
excluding any tobacco or any imitations of tobacco products, such as candy ciga-
rettes) in stores, shopping centers and other commercial locations, bearing the
name of "Southold Town Senior Services", and he will pay the Town a fee of fifty
cents (50¢) per machine per month, said moneys to be used for the betterment
of the Southold Town Human Resource Center, Greenport; said agreement is subject
[o the approval of the Town Attorney.
16.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
17.-Moved by Councilman Wickham, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
installation of a street licjht on Fishers Island by the Fishers Island Utility Company
who will supply the fixture and pole, the Town to pa,v the energy cost per month,
in the vicinity of Building #98 and the public basketball courts near Fisher Island
School.
7.-Vote of the Town Board: Ayes: Councilman Wickham, Co. uncilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
18.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby 9rants the Southold
Town Police Benevolent Association, Inc. a postponement of the hearing scheduled
· for 5:30 P.M., Tuesday, May 7, 1991, Southold Town Hall, with regard to a Police
Contract Grievance: Squad Assignments and Choice of RDO's, to: 3:00 P.M.,
Tuesday, May 21, 1991, Southold Town Hall, all in accordance with the agreement
for said postponement between the Southold Town Attorney and the Attorney for
the PBA.
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 Wickham, seconded by Justice Edwards,
WHEREAS, the Towns of Southold, East Hampton, and Riverhead have joined
together seeking the services of outside legal counsel in response to anticipated
efforts of the New York State Department of En¥ironmental conservation to enforce
certain provisions of Article 27 of the Environmental Conservation Law (known
as the Long Island Landfill Law); and
WHEREAS, these Towns have retained the services of the firm of Smith, Finketstein,
Lundberg, Islet' and Yakaboski with offices located at 456 Griffing Avenue, P.O.
Box 389, Riverhead, New York 11901, to bring an Article 78 proceeding against
the State which action resulted in the granting of a temporary restraining order
by two judges and will soon go to trial; and
WHEREAS, the DEC has served papers on the Town of Southold as well as other
East End Towns including (a) a Motion for Partial Summary Order, and (b) Notice
of Hearing; and
WHEREAS, the Town of Southold is required to submit an answer to the Notice
of Motion for Partial Summary Order and prepare for a hearing with 20 days; now,
therefore, be it
4 4 0
RESOLVED, that Smith, Finkelstein, Lundberg, Isler and Yakaboski are hereby
retained to represent the Town of Southold in the above-referenced matters at
the rate of $150.00 per hour; and be it further
RESOLVED, that charges to the Town of Southold shall be apportioned on a prorated
basis to be determined by the population of each Town involved with respect to
the billing of services rendered jointly and separately to the other matter; and
be it further
RESOLVED, that the Town Clerk is hereby directed to send a copy of this resolution
to Smith, Finkelstein, Lundberg, Isler and Yakaboski, Supervisor Joseph Jaqoski,
Town of Riverhead, Supervisor Jeffrey Simes, Town of Sheter Is and and Supervisor
Tony Bullock, Town of East Hampton.
19.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints George
R. Sullivan, Jr. and Thomas W. Cassidy as Traffic Control Officers, effective
immediately, at a salary of $7.72 per hour.
20.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
21.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Deputy
Superintendent of Public Works James Bunchuck to travel to Tompkins County,
on behalf of the Solid Waste Management Task Force, to investigate their garbage
tag system, and the use of a Town vehicle, and necessary expenses for travel,
meals and lodging in an amount not to exceed $400.00 shall be a charge against
the 1991 Budget, A8160.4, Refuse & Garbage, Contractual Expenses.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor H~rris.
This resolution was declared duly ADOPTED.
22.-Moved by Supervisor Harris, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby reappoin, ts the
followinq individuals to the Southold Town Conservation Advisory Coundl~, effective
June 18, 1991, for the following terms:
John Holzapfel - 2 year term to expire on June 18, 1993
Bruce Loucka - 2 year term to expire on June 18, 1993
Stephen Angell - 2 year term to expire On June 18, 1993
Robert Keith - 2 year term to expire on June 18, 1993
Betty Wells - 1 year term to expire on June 18, 1992
John McCormick - 1 year term to expire on June 18, 1992
Cynthia Sturner - 1 year term to expire on June 18, 1992
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.
23.-Moved by Councilwoman Latson, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs the Town Clerk to advertise for resumes for the followinc~ vacancies which
have occurred due to the resignation of Robert A. Villa: One member of the Southold
Town Water Advisory Committee, one member of the Southold Town Solid Waste
Management Task Force with legal or public relations expertise, one member of
the Southold Town Open Space Committee.
23.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
24.-Moved by Councilwoman Oliva, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mark
S. McDonald as Southold Town's Advocate for Suffolk County Preservation or Open
Space Funds; he to serve in said position without compensation.
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.
MAY 7, 1991
441
25.-Moved by Councilwoman Latson, seconded by Supervisor Harris,
WHEREAS, on April 23, 1991, the Town Board of the town of Southold accepted
the bid of Suburban Security and Investigation Agency, Inc., Smithtown, in the
amount of $1,107.00 for the purchase of two (2) used 1985 4-door Plymouth Police
Vehicles, VINe's 1P3BB26SXFX632771 and 1P3VV26SIFX632772 respectively; and
WHEREAS, in order to effectuate this sale, the certificates of title of the above-
referenced vehicles need to be signed by the Chief of Police, be it therefore
RESOLVED, that the Town Board of the Town of Southold hereby authorizes
Stanley Droskoski, Chief of Police, Town of Southold, too sign the two (2) certifi-
cates of title with respect to the above-referenced vehicles.
~.-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 Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of Cameron Engineerinq, P.C., at a lump sum fee of $11,000.00, to prepare the
necessary bid documents with respect to improvements at the Southold Town Waste
Treatment Facility, all in accordance with their proposal for said engineering
services dated May 7, 1991.
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.
SUPERVISOR HARRIS: At this time this concludes the regular portion of our
Town Board meeting. At this time I will go out to the audience. If there are
'any members of the audience, that would like to address this Board on any matter
that may be pertinent to us, at this time please come forward, and state your
name.
BETTY BROWN: My name is Betty Brown. I'm President of the North Fork Environ-
mental Council. I wish to read a joint statement, in regard to the Home Occupation
Amendment from a coalition of six groups in the area, the Greenport-Southold
Chamber of Commerce, the North Fork Environmental Council, the Riverhead-Southold
League of Women Voters, the Mattituck Seniors, Southold TaxPac, and Southold
2000. We, 'the undersigned organizations represent over 3,000 residents in the
Town of Southold. Each member of this coalition has consulted with it's Board
of Directors, and has been authorized to represent us. We thank the Board for
the opportunity to attend these sessions, to discuss our concerns regarding the
Home Occupation Amendment. We need to make very clear to the Board, that
we are against this legislation. However, we must reinterate that the Law is an
· inadequate response to a complex issue. Many concerns were raised by residents
on March 26, indicating that the proposal be further studied, discussion in drafting.
The Town Board in it's haste to pass the law without thorough review has overlooked
the necessity to follow correctly the State Environmental Quality Review Act. This
is clearly a fatal flaw. We once again call upon the Town Board to honor the
principles of open government and the democratic process. By rescinding the
resolution sponsoring the home occupations amendment, the law and it's ramifications
can be fully studied, and reviewed.
SUPERVISOR HARRIS: We have a meeting tonight, an informational meeting
scheduled for tonight for the Town of Southold, and at that time all concerns
will be addressed to the Board, and hopefully answered to full satisfaction of ~ '~
those individuals, on this topic of home occupation.
EDWARD SIEGMANN: Going back to Resolution 19, can you tell me if you have
a figure at the present time of how much money has been spent so far on litigation
in reference to the landfill problem?
SUPERVISOR HARRIS: Approximately $1~3,000.
EDWARD SIEGMANN: At the present time?
SUPERVISOR HARRIS: Yes.
EDWARD SIEGMANN: With this retaining the people, that you have listed here,
will that be an additional cost above that $13,000.007
SUPERVISOR HARRIS: Yes. That $13,000.00 for the information for the audience
saved this town over a half a million dollars to date. Anbody else? Is there any
member of the Board, who would like to say anything at this time? (No response.)
Otherwise I'll entertain a motion to adjourn. Before we entertain that motion,
Betty, just for your clarification on that one portion of the statement that you
made about the SEQRA process, and so on, has been fully satisfied. I should
have Harvey probably answer that, or our Town Clerk Judy Terry. That one
portion of the statement has been satisfied fully, as implied, by .Local Law.'
BETTY BROWN: Might I address what I thought was incorrect with that? You
will notice, I don't know if you have the paper handy, but under 617-2 a critical
environmental area, being a specific geographic area designated by a State or
local agency having exceptional or unique characteristics, which make it environ-
mentally important. Any unlisted action located in a CEA must be treated as a
type one action by any involved agency. I think that in your records you have
listed it as an unlisted action.
TOWN ATTORNEY ARNOFF: It's not CEA. It's a negative dec for the Board.
TOWN CLERK TERRY: It's prepared by the Town Attorney's Office.
BETTY BROWN: There's no current property that lies in any CEA in the Town
of Southold?
SUPERVISOR HARRIS: Depends on the determination of what a CEA is. There's
no CEA, except for Fishers Island, that I know of. There is the waterfront and
creeks. No. The Town Attorney has prepared this, and we've gone through the
SEQRA process to the best of our ability, as we have with other amendments to
the Code.
BETTY BROWN: I just want to ask why you would come back this evening, or
this afternoon, when is this exchange going to take place? Thi's does not make
it real easy for public to participate in this.
SUPERVISOR HARRIS: This has been advertised since last week in bo:th the papers.
It's been advertised on the radio. This is an information meeting only on the
home occupation, so that those individuals, who don't understand what the amendment
does, will have further clarification of that once the Board, and the authors of
that bill have presented exactly what an amendment to home occupation law, that
existed is going to do. That's basically the reason for the information meeting,
and also, to hear from the public concerns that' they may have, or those who are
in favor of it, and also, those people who feel that should be refinements made
to this amendment, which at that time we will take a consensus of all the statements,
that are made, and then [urther advance the goals of this town which is to help
make amen'dments to zoning laws that we feel are advantagous to the tax payers.
BETTY BROWN: Would it be a consideration that possibly you will rescind this
resolution?
SUPERVISOR HARRIS: I would say at this time, rescinding is not at all what
this information meeting is about tonight.
BETTY BROWN: If there is enough public comment, if there are enough questions
that arise connected to the informational meeting, and the past public hearing,
there were fifty or sixty objections to the amendment, if it's so poorly worded,
and so poorly drafted, wouldn't it be a possibility?
SUPERVISOR HARRIS: That does exist. That's a matter interpretation, and
opinion, and that's certainly is what we're going to .be hearing tonight at the
informational meeting. That's why we have scheduled it. That's what the meeting
is going to be.
COUNCILMAN WICKHAM: I'd just like to very briefly comment on a different score.
I think most people in the town are aware that the Town Board has been giving
attention to a contingency plan for handling garbage in the event, that we are
obliged to abide by the New York guidelines, which would call for disposing at
high cost the garbage that is currently being landfilled at the Cutchogue landfill.
We are holding two more information meetings on this subject. One of them was
scheduled for last Thursday at Mattituck High School, and I regret, and the Town
Board regrets that that meeting had to cancelled because of inadequate publicity
and because some of us were unable to be there. That meeting has now been
rescheduled for Tuesday, a week from today, at 7:30 P.M. at the Mattituck High
School. The purpose is to discuss openly and to get the reaction of people in
the village, and in the town of Southold to various alternative ways to finance
the higher costs to comply with the garbage mandate as it's come down to us.
The purpose is not to discuss the various alternative technology for doing this.
It's to discuss, and for the town to present,the Task Force of the Town Board,
to present the different alternative ways that those costs could be financed. In
addition to the meeting in Mattituck, which is a week from tonight, there is a
similar meeting at the Greenport High School this Thursday night on exactly the
same topic, also at 7:30 P.M.
SUPERVISOR HARRIS: Thank you, Tom. Is there any other comments? Yes?
EDWARD SIEGMANN: Do I understand you right? You're saying that the purpose
of the meeting in Mattituck would to be to discuss the way we would pay for
whatever the outcome is on how you get rid of your garbage. Is this correct?
COUNCILMAN WICKHAM: Not exactly, Ed, but you are about three quarters in
the way you have it right. No matter what the Town does in complying with the
law, we're going to incur costs of $75.00 or $80.00 a ton. We're going to incur
major costs. The question is not the different technology, but what are the options
available to us in the town to pay those costs.
EDWARD SIEGMANN: If we don't know what you're going to do with the garbage,
how are we able to put any imput in on what the cost should be?
COUNCILMAN WICKHAM: Because the costs essentially the same, irrespective
of what we do, whether it's composted, whether it's incineratored, whether it's
long hauled, whether even we have a double lined cell in Cutchogue, the numbers
are in a very close range, and we don't want to get into the question at this stage,
although it's a legitimate question, and there will be opportunities at a subsequent
time, but at the moment the pressing issue is what are the choices, what are the
alternatives to finance those costs?
EDWARD SIEGMANN: Isn't that putting the cart before the horse? You're trying
to get the public to say how much you should spend on something when they don't
know what they're going to spend it on.
COUNCILMAN WICKHAM: We're trying to get a reading from the public, and
get public imput as to what is the best way to pay these costs. The costs are
going to be approximately the same, irrespective of the particular disposal option
we follow.
EDWARD SIEGMANN: Let me give you an example. Supposing you were to build
a composting plant here, and it would not be necessary for yol~ then to pay to
ship garbage to some other town because you would be doing your own garbage
here. Well, let's say now you decide not to go to composting plant here. That
you're going to go to a composting plant that's built in Riverhead, therefore there
would be an additional cost, because I'm sure Riverhead is not going to do our
garbage for free. There's going to be some kind of an exchange, whether it's
monetary or whether it's a reciprocation as far as the type of work they'll do
for you, and you'll do for them. So, if we don't know whether you're going to
build it here, or we don't know whether it's going to be built in Riverhead, how
do we make a determination from the public viewpoint of what should be spent
on it?
COUNCILMAN WICKHAM: Ed, as you've properly pointed out these are very
sensitive questions. They're very appropriate questions, and they have been
addressed in the hearings that lead, in the SEQRA process to the adoption of
the Town Board of the Solid Waste Management Plan. But, that is not the question
that will be presented at Mattituck, and at Greenport. The question that the
Town faces is we are preparing a contingency plan. We may not have to employ
that contingency plan, but if we do employ it for the duration of 1991, this year,
it doesn't..we're not talking about constructing a facility that will take a year
or two to buil. d o We're talking about the coming months for the rest of this year,
if we wind up fully complying with the letter of that law, and the mandates from
Albany, it's going to cost a bundle of money. How is the best way for the town
to pay for it, and how do the citizens of the town feel about it?
EDWARD SIEGMANN: Let me give you a personal opinion. You've been calling
a lot of meeting in reference to input as far as what we should do with the garbage.
You are now calling meetings on input on how we should spend it, or what we
should spend it on. I think if you would stop' calling these meetings without
the public knowing what you're doing. You told us at one time you had a plan.
Why don't you put that plan on the table, and at that point let us make a deter-
mination whether that plan is satisfactory to the public or it's not, and maybe
at that point we can say where the money is to be spent.
COUNCILMAN WICKHAM: The Solid Waste Management Plan went to hearing, went
to the SEQRA process. There have been a lot of comments, and I believe, Ed,
you were among those who gave valuable contribution comments on that plan.
EDWARD SIEGMANN: But we haven't seen a plan yet.
COUNCILMAN WICKHAM: The plan exists. I'll see that you get a copy of it,
but the plan does not address how those costs would be financed, and that is
the issue, that we'd like some input in discussion within the town.
EDWARD SIEGMANN: You know it's becoming very confusing, and let me tell
you why. We had a TaxPac meeting the other night which George attended. George
got up and gave some remarks at that TaxPac meeting where he said that he was
never in Favor of trucking. I go home., and I take out the folder that I have
on newspaper articles, that existed from the past. I find that an item,'n there,
nearly a full page ad, that you had put in the paper back at the time you were
running for election. Number three on that recommendation on what to do with
our garbage was to truck the garbage out of town, and the reason I recall this
so plain was when I read it in the newspaper, I came down to the Town Board
here, and I wanted to know why the hell the Town Board would put any remarks
in the paper about trucking garbage, when that would be the last thing we wanted
to do. That if the DEC would see number three on that thing, stating we would
truck our garbage, hey, they're going to say these guys are satisfied with trucking
their garbage, and I said I think it's a terrible mistake for your end, if we had
to come with trucking.' Then I hear'one of you people, who was on that piece
that was put in the paper he was part of it, that says he was never in favor
of trucking, but it was printed in the paper; This is what makes it so confusing
to the people, who are out there possibly hoping that you come up with some way
to do it, and maybe that the people in the town could be helpful to you with one
of their suggestions, but with things going back and forth like this you're never
going to get any constructive criticism out of it.
SUPERVISOR HARRIS: Ed, we should let you read the order that came down...
Well, anyway the word trucking is there from the DEC. The DEC wants us to
truck garbage. It's right in their order to truck garbage out of town, so if
anywhere I think you should vent your letters, and the people that are working
with you in this accord, towards Albany, towards the government, towards the
representatives that we have out here, to say what is this that you even put in
black and white in your summary judgements, that yOU want to go truck garbage
out, because that's exactly what they say in this statement.
EDWARD SIEGMANN: I'm the last one that you should say this to, because you
know I've been active. In fact, I got very active in the last election in reference
to who should be elected, because of what happened.- So, I'm the last one you
should say this to.
MAY ~7, 1991
SUPERVISOR HARRIS: No, I'm not. I'm making a statement to you, that you're
worried about statements that were in the paper, and I'm saying to follow through
with those statements to that date, because of an order that we just received in
writing from the Department of Environmental Conservation, and tell them your
feeling on this, because it's in black and white. They're decreeing that upon
the people of Southold Town.
EDWARD SIEGMANN: But I'm talking about an article, that you put in the paper.
I know about the article the DEC put in, and I'll argue against the DEC that they
put us in a postion to spend the most expensive way to do it would be to ship
our garbage out of here. But you are the people, who put a piece in the paper
saying one, two, three, and number three said to ship our garbage out, and I
see a confused look. I'll brin§ you a copy of it tonight, and 1'11 show you a copy
of the article.
445
COUNCILMAN PENNY: And what does it say? It says probably as I may recall,
if I may be allowed to, because you're quoting something that we haven't seen
in probably a'couple of years, that rather than spend two and a half million dollars
on this composting plant, which was up for the referendum, it would be far cheaper
to truck the garbage out of the town, and that still stands. Every option that
we have brought up in our Solid Waste Management Plan is around a million and
half dollars, far less than the two and a half million dollars, that that was going
to cost the taxpayers of Southold Town, and only the taxpayers of Southold Town,
because there were no intermuncipal agreements to pay for that particular proposal.
In regard to what I said the other night, and I said I do not favor shipping garbage.
I don't believe I ever said, I have never said, I never..
EDWARD SIEGMANN: You said I was never in favor of shipping garbage. I Wrote
the words down.
COUNCILMAN PENNY: I'm not in favor of shipping garbage, and I stand by that.
You're taking things out of context, and unfortunately we don't have the papers
here in front of us, Ed, but I guarantee you, that what that said in the article
was rather than spend two and a half million dollars a year, it is far cheaper,
as it is today, to ship the garbage out of town.
EDWARD SIEGMANN: You didn't say that. I'll bring it in, and give you a copy
of it tonight. It says number three..
COUNCILMAN PENNY:
EDWARD SIEGMANN:
do with our garbage.
COUNCILMAN PENNY:
EDWARD SIEGMANN:
said.
Number three of what?
Of the recommendation, that you had on what we should
What you got such a short memory?
You have the benefit of having reread this stuff.
I know where to go to look for it, because I know it was
SUPERVISOR HARRIS: Is there any other comments?
DOROTHY PHILLIPS: Dorothy Phillips. I would like to say, that it's very hard
to be able to participate in town events the way things are going. We really wanted
to discuss this, and you did invite us to the work session this morning. Mrs.
Oliva said, come to the work session, and you did, too, Mrs. Latson. We came
to the work session, and you told us to go away in very polite terms, but that's
what you told us. I, also, had read in the newspapers all the meetings on the
home occupation subject in Legislative Committee, that were listed in the newspapers.
We did read them, but we had no idea what was on the agenda. I've heard home
occupation, and I had a very busy image in my mind. Home occupation is a little
lady stuffing envelopes, or some other little ladies doing things together, so they
can do something. So, the Board themselves were not helpful to those of us
who are interested in community affairs, and I would ask the Board, if we can
provide stability to you, and I hope that tonight, that is the name of the game,
a very important name of the game, because otherwise we won't have it. It's
a very sad situation in Southold Town. Thank you.
SUPERVISOR HARRIS: Thank you. Is there anyone else who would like to speak
before we adjourn? Yes?
JOSEPH RISTUCCIA: My name is Joe Ristuccia, Southold. I'm a little confused,
if I may address the Board this afternoon. On this agenda I see we have for
discussion Local Law No. I0. Am I correct in presuming that that is the law in
question regarding home occupation? In fact, if this is the agenda for the 4:00
P.M. Town Board meeting, and we have it for discussion, why can't we..
SUPERVISOR HARRIS: It's not that way, Joe. That is on there for the work
session.
JOSEPH RISTUCCIA: We came here, which is exactly my point. Scott, two week ago,
I saw what was there. You personally invited rne to come to a work session. Not
only did you do it once, you did it twice.
SUPERVISOR HARRIS: And it has been expanded, Joe, beyond the work session.
JOSEPH RISTUCCIA: May I finish? To invite us here, and then to treat us the
way you did, where you only allowed us to..
SUPERVISOR HARRIS: How were treated, Joe? Explain to me how you were treated,
because this is all on the record, so i'd like you to explain.
JOSEPH RISTOCCIA: This is all on the record?
SUPERVISOR HARRIS: Yes.
JOSEPH RISTUCCIA: I was invited here, and you said, no, we can't entertain
the people. We asked that we have an appointed time, and we were refused, I
don't understand what is the procedure, that you're utilizing here? Is this some
kind of chicanery?
SUPERVISOR HARRIS: Joe, this is the same procedure that this Town Board
has had, probably for the last fifteen years. There's a work session, and there's
a Town Board meeting that follows. There's an agenda set up. There's appointments
that are set up with the Town Board. Item number 10, Local Law Number 10,
that you mentioned was adjourned. It was not at all discussed during our work
session, because of the informational meeting tonight.
JOSEPH RISTUCCIA: Scott, hear me please. I'm confused as far as the democratic
process here, and as a matter of fact, I'm getting a little annoyed. I'm going to
tell you why. I see that the democratic process is being suppressed.
SUPERVISOR HARRIS: That's your opinion.
JOSEPH RISTUCCIA: That is my opinion, and I don't like, and I feel that there
are things going.-on in town here, that l'm confused, and I'd like you to square
it away.. Yes?
JUSTICE EDWARDS: Joe, a question, are you representing yourself, or an organi-
zation?
JOSEPH RISTUCCIA: Right now, I'm representing TaxPac.
JUSTICE EDWARDS: Joe, I think TaxPac, there was a statement was read that..
was not TaxPac on that statement?
JOSEPH RISTUCCIA: That is correct.
JUSTICE EDWARDS: Alright, we heard from you this morning.
EDWARD SIEGMANN: Okay. Fine. They told us it wasn't being recorded.
TOWN CLERK TERRY: It wasn't recorded, Ed.
MAY 7, 1991
447
EDWARD SIEGMANN: This is why we come back this afternoon, to make sure
it's on the record, but this morning that .number 10, you tell us was not on...
You're telling us now, that that back page, page four, you're telling us that that
page four was meant for the work session this morning. This morning when we
came in you told us that the discussion for the Local Law Number 10 was not on
the agenda at the work session. This is what you said to us this morning.
SUPERVISOR HARRIS: And we didn't discuss it. It was put on two weeks ago,
and it was advertised, and it adjourned, Ed, and I don~t mean to address you
because you're not at the microphone, but we adjourned it just because we have
an information meeting tonight. We're proceeding ahead with that information meeting
tonight, and that is exactly what we said to you this morning. As a matter of
fact, we let a statement come in this morning, so the Town Board could be privy
to it. We had appointments all morning. We didn't get to discussion items until
well in the afternoon. We heard you this morning. Now, you put it officially
on the record, the same statement, and I'm'sure tonight you'll probably read ~t
again at the informational meeting. It is on the record. It is official.
JOSEPH RISTUCCIA: I don't understand why you don't want to discuss it at
this time (tape change.).
SUPERVISOR HARRIS: We have an information meeting that is held tonight just
so the people can get cleared up on various confusion, that exists out there r~ght
now. There are many people in favor of this law. Many people are going to ~
here tonight, we hope that will hope that will attend this information meeting,
and tonight many of these things, that you have addressed, and others have
addressed, will be aired tonight.
JOSEPH RISTUCCIA: What you say may be true in terms of, a lot of people
going to be here tonight, but I can tell you there's a lot of people who are
annoyed about what's happening here. They're annoyed with this Board. They're
saying to me, what's happening? Are the values of my home..is my home going
to be depressed, is this going to be a town, that's going to be a hodge-podge-
of zoning? There are people in this town, who have their life savings in their
house, and they visualize seeing the value of their houses going down. They're
annoyed.
COUNCILWOMAN LATSON: Joe, all of these businesses existed when everyone
who bought their homes here in the past fifteen to twenty years came and purchased
homes in Southold. These people have been operating out of their homes for many,
many years. It didn't deter one person from making a purchase in Southold,
and the people that run their business out of their homes, also have an investment
in their homes. They're just as concerned with the property value, and main~i, ning
their property value as anyone else.
JOSEPH RISTUCCIA: Let me answer you, all right? We're not trying to drive
anybody that's in business here out of town. These businesses have been in
business in this town for a long, long time. The only difference is, that these
business now with this new amendment are going to be getting a new kind of
legalization, that can allow them to flaunt the law, and in that case discretion ~s
no longer going to be used, and that's what people are concerned about. They
are also concerned about some of the provisions in the law, and I don't want to
go into that right now, because you're not prepared to debate it.
COUNCILWOMEN LATSON: Nobody wants to go into it. We're not going to debate.
All they want to do is say, that we're flaunting the law, but nobody wants to
be specific on how anything happens,~and when you say to somebody, well, you
bought your house fifteen, twenty years ago, ten years ago, five years ago, your
plumber, your electrician, your whom-ever probably is running their business
out of their home unless they are a huge firm, in which case they don't. They
rent a commercial piece of property. Nobody wanls to get specific about that,
JOSEPH RISTUCCIA: Ellen, this is a very complex issue. I think what happened
in the Town Board here is they rushed this thing through without giving it a
fair chance for discussion.
448
MAY 17, 1991
SUPERVISOR HARRIS: Joe, I appreciate your comments. We hope to see you
all tonight at 7:30. Is there anybody else in the audience, that would like to
speak? (No response.) If not, I'll entertain a motion to adjourn.
Moved by Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board meeting by and hereby is adjourned at 4;55 P.M.
Vote of the Towr~ 13oard: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith T: ~~
Southold Town Clerk