HomeMy WebLinkAboutTB-05/21/1991SOUTHOLD TOWN BOARD
MAY 21, 1991
9:30 A.M. The Town Board conducted a hearing pursuant to Chapter 90, Unsafe
Buildings & Premises~ of th~ Cnde of the Town of Southold, with respect to the
property of Catherine R. Stimpson and Sue Larson at East~Marion.
WORK SESSION
Present: .Supervisor Scott L. Harris, Justice Raymond W. Edwards, Councilman
George I. 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, Town Clerk Judith T. Terry.
10:10 A.M. William J. (Jamie) Mills [11~ President of Wm. J. Mills & Co., met with
the Town Board discuss his proposal for a program to be called "Business Works
For Southold", whereby local companies donate a small amount of time, goods, or
services towards the continued prosperity of our community. Mr. Mills, wishing to
be one of the first participants, advised that Mills 'will manufacture and install~ free
of charge, a complete set of custom awnings for the~ thirteen windows on the south
side of Town Hall. Mr. Mills only request was that the program be publicly
announced and set in motion, so that other businesses will be encouraged to make
similar contributions. The Board expressed their deep appreciation to Mr. Milis for
his extremely generous offer.
10:20 A.M. - Kay VanBour~ondien met with the Town Board to bring to their
attention the Parish Outreach, which provides informal counseling 'services, food
pantry, ~ financial budgeting, medical inforr~ation, and generally assists those in
need. They are located in Cutchogue, and other than a part-time coordinator who
is available one day a week, and is paid by Catholic Charities. The goal of the
program is to try to empower people to help themselve~o Mrs. VanBourgondien
advised that they are currently' planning meetings with other community groups with
mutual services in an effort to strengthen their services and prevent duplication.
10:40 A.M. - For Discussion Items: (1) Recommendation from the Board of Town
Trustees that the Town Board adopt, a. local version of Article 34 - Coastal Erosion
Hazard Areas, naming the Town Trustees as the permit issuing agency, subject to
certain conditions.. The Board agreed ~there should be a meeting of the Chairmen
o~f,the Trustees and Board of Appeals with the Town Attorney to discuss developing
such a law. (2) Letter from John DiVello, Mattituck Sanitation, requesting the
Board to adoPt a resolution requiring applicants for a commercial solid waste permit ~
to show proo~ of income, with a minimum of about $8,000 to $10,000 per month
derived from sanitation services in .the Town of Southold, before they are granted
a permit. Mr. DiVello advised that the Town of Riverhead has such a regulation.
The Town Attorney will contact the Riverhead Town Attorney to obtain a copy of'
their regulations. (3) Response f~om Chief of Police Droskoski with respect to a
request from Jody Adams for a street light at the end of Indian Neck Lane. Chief
Droskoski, as requested by the Town Board, submitted copies of incidents related
to Indian Neck Lane, dating back to November, 1989. He advised that no criminal
activity was evident in any of the incidents. Later' in the morning, following a
telephone conversation with Superintendent of Highways Jacobs~ Supervisor Harris
relayed that 'Mr. Jacobs said there is a street light in the vicinity, and for another
light, a pole would be needed and the primaries must be extended. He said that
procedure is very costly. The Board agreed it would oot be practical to install a
new light at this time, based upon the Chief's report and that of Superintendent
of Highways Jacobs. (4) The Town Board reconsidered a contribution to the
construction costs of the Suffolk County Vietnam Veterans Memorial and agreed to
contribute the requested $1,7.67.00, a proportionate contribution based upon
population (see resolution no. 22). (5) Discussed receipt of bids for recy¢~ced
cardboard, glass, plastic, tin and aluminum cans. Later in the day, following a
discussion on same with Superintendent of Highways Jacobs and Assistant
Superintendent of Public Works Bunchuck, the Board decided to reject all bids (see
resolution no. 23). Supervisor Harris obtained information that in accordance with
the State Law, municipalities are not required to put out for competitive bid the sale
of recyclable materials (see resolution no. 23).
21, 1991
11:~5 A.M. Stan Sea~'l and Louise Stalzer, Co-Chairmen of the Suffolk County
East End Coordinating Council met With the Town Board to bring them up to date
on their purpose and goals. Their group tries to advocate and focus on the key
human service needs and bring them to the attention of agencies and political ent~ties
who can bring about change. They emphasized the need to expand the Town's Day
Care Program, whereas there has been severe cutbacks in services due to ma~or
reduction of State and County funding. The Board urged Mr. Searl to meet with
Veneti~ McKeighan., Town Director of Human Services, to discuss their mutual
concerns.
11:55 A.M. For Discussion Items (continued): (6) Memorandum from Principal
Building Inspector Lessard providing background information with respect to a
request from Robert L. Fisher for the refund of his build;ng p~=;'mit fee ~see
resolution no. 24). (7) Request from Board of Assessors Chairman Robert I. Scott,
Jr. for replacement of part-time Clerk Typist Laura Obenauer who will soon
terminate her employment. Supervisor Harris advised the Board that-Mr. Scott h~s
withdrawn his request and will not fill the position at the present time. (8)
Discussed request from the Southold Merchant's Committee of the Greenport-Soutbol'd
Chamber of Commerce for a Special Permit for a Wine Festival. Town Clerk Terry
asked for Town Board input since this is type of permit has never been issued
before. The Board agreed that if certain conditions were imposed they would haYe
no obiect to the Town Clerk issuing the permit: proof of off premises liquor license
by the five vineyards who will be participating, signs to be posted that individuals ·
must be at least 21 years of age to partake of the wine, and w.ritten consent from
the property owners where the booths will be located.
EXEC'UTIVE SESSION
12:05 P.M. - On motion of Councilman Wickham, seconded by Councilman Penny, it
was Resolved that the Town Board enter into Executive Session. Vote of the ~rd:
Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilwoman
Councilwoman Latson, Councilman Wickham. Also present: Town Attorney
Assistant Town Attorney Kiernan, Town Clerk Terry. The Board discussed req~t~est
from PBA attorney Eric Larsen for an adiournment of the 3:00 P.M. scheduled
contract grievance hearing. The Board agreed the hearing should go forward as
scheduled.---The Board also discussed PBA Contract negotiations.
12:35 P.M. - Recess for lunch.
EXECUTIVE SESSION
2:10 P.M. 'On motion of Councilwoman Oliva, seconded by Councilman Wic~cham,
it was Resolved tliat: ~he~'t0wn Board enter into Executive Session. Vote of the-
Board: Ayes: Supervisor Harris, Justice Edwards, Councilman Pe~ny,
Councilwoman Oliva, Councilwoman Latson, Councilman Wickham. Also present:
Town Attorney. Arnoff, Assistant Town Attorney Kiernan, Town Clerk Terry, Super-.
intendent of Highways Jacobs.--The Town Board met with Special Attorney Frank
Yakaboski to discuss litigation. --After meeting with Mr. Yakaboski the ~3oard
continued this Executive Session for a discussion of personnel matters.
3:40' P.M. - The Town Board held a hearing with respect to a Police Contract
Grievance: Squad Assignments and Choice of RDO's filed by PBA President John
Baglivi. The hearing was recessed at 5:55 P.M. to reconvene at 8:00 P.M. this
evening. The hearing reconvened at 8:25 P.M. and continued to 10:30 P.M;, at
which time it was again recessed to another date to'be determined.
EXECUTIVE SESSION , ,
6:00 P.M. - On motion of Councilman Penny, seconded by Justice Edwards, 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. Also present: Assistant Town Attorney Kiernan, Town Clerk
Terry. Absent: Town Attorney Arnoff and Councilman Wickham.--The Board
discussed litigation and personnel.
c:10 P.M. - Work Session adjourned.
451
REGULAR MEETING
A Regular Meeting of the Southold Town Board was held on Tuesday, May
21, 1991, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
'Harris opened the meeting at 7:30 P.M., with the Pledge of Allegiance to the Flag.
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: I need a motion to approve the audit of the bills of May
21, 1991.
Moved by Councilman Penny, 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 $I72,011.60; General Fund, Part Town
bills in the amount of $40,977.98; Nutrition Fund bills in the amount of $5,346.67;
Adult Day Care bills in the amount of $100.00; Home Aid Progran bills in the amount
o¢ $41.80; SNAP Program bills in the amount of $1,656.49; EISEP Program bills
in the amount of $41.40; Community Development Fund bills in the amount of
$50.00; Highway Fund, Whole Town bills in the amount of $62,526.30; Highway
Fund, Part Town bills in the amount of $18,543.34; CHIPS (Highway Part Town)
bills in the amount of $300.00; Capital Projects Account bills in the amount of
$384,000.00; Gull Pond Bulkhead Repairs bills in the amount of $240.80; Landfill
SandCapital Fund bills in the amount of $673.76; Open Space Capital Fund bills
in the amount of $621,210.00; Computer Capital Account bills in the amount of
$405.21; Waterfront Revitalization bills in the amount of $10,614.94; Employee
Health Benefit Plan bills in ~the amount of $12,229.38; E-W Fire Protection District
bills in the amount of $13,680.00 CR; Fisher Island Ferry District bills in the
amount of $17,413.27; Southold Wastewater District bills in the amount of $27,043.95;
Fishers Island Sewer District bills in the amount of $750.29; Fishers Island Ferry
District Agency & Trust bills in the amount of $108.67.
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 approve the minutes of the Board
meeting of May 7, 1991.
Moved by Justice Edwards, seconded by Councilman Penny, it was
RESOLVED that the minutes of the May 7, 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 Town Board meeting on June
6, 1991, at 4:00 o'clock 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 hold
at 4:00 P.M., TiJesday, June 4, 1991, at the Southold Town Hall, Southold, New
York.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
I.. REPORTS.
1. · S~uthold Town Justice Tedeschi's Report for April, 1991.
2. Southold Town Board of Trustees Monthly Report for April, !991.
3. Southold Town Police Department Monthly Report for April, 1991.
4. Southold Town Disabled Recreation Program Report for April, 1991
events.
4 5 2 MAY 21, 1991
5. Supervisor's
6. Supervisor's
7. Councilmen's
8. Supervisor's
Monthly Budget Report ~r April, 1991.
Monthly Budget Report by Department ~r April, 1991.
Report.
Report.
II. PUBLIC NOTICES
1. New York State Department of Environmental Conservation, Notice to
Shellfish Harvesters in the Town of Southold regarding seasonal closing of Deep
Hole Creek, and Hall's Creek.
2. New York State Department of Environmental Conservation, Notice__of
Public Hearinc~s for Draft Part 375 Regulations, lune 24, 1:00 and 7:00 P.M.,
Veterans Memorial Highway, Hauppauge, N.Y. Written comments by July 12, 1991.
III. COMMUNICATIONS.
1. Ben Burns of Greenport in appreciation of the passing of the Home
Occupation Law.
2. Dorothy Jester thanking the Town Board for the Proclamation she
received as a nurse at the Eastern Long Island Hospital.
3. Joseph M. Gerqela, I11, Executive Secretary of the Long Island Farm
Bureau, Inc., extending congratulations to the Southold Town Board for the
passage of the "Home Occupation" legislation.
4. William J. Mills III, of Wm. J. Mills & Co., Greenport offerinc3 the
Town custom awnings for the Town Hall, and suggesting a program where local
companies donate a small amount of time, goods, or services towards the continued
prosperity of their community.
PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HARRIS: Before we start tonight, and go outto:our~a~dience, I'll
ask if there is any member, that would like to speak on any resolution. I'd like
to read for the audience a Tri-Town history making meeting, that we took place
in on May 14, 1991, in reference to the ties of unity between the towns ~,f
Southold, East Hampton, and Riverhead Town, regarding the issue of tl~e legality
of the Long Island Landfill Law. At this time I'd like to read to you wi~.t was
done at this meeting, and the unification of such. Displaying strong ties of unity
between the Towns of Southold, East Hampton, and Riverhead in there ~eint
challenge of the legality of the Long Island Landfill Law as it applies to the east
end of Long Island, a full compliment of Town Board members, and Supervisors
met to assess and review their strategy. As a result of these efforts, and judicial
rulings by the State Supreme Court, and Apellate. Divisions of the town, this claims
to continue to remain viable with vitual unanimity, the combined forces have
determined that would take whatever steps are necessary to prevent the trucking
of all garbage from our landfills. This determinatior~ was not made in a document,
but was based upon the fact that the trucking will in,' and of itself, result in
a deleterious effect on our citizens, our roads, our taxes, and the overall ecological
balance of Eastern Long Island. Despite the efforts of the DEC, our municipalties
resolute in their determination to overturn the injustices, that would be brought
upon the residents of the East End by the Long Island Landfill Law. This
combined determination has now poured over into our State Legislature, where
there is now a concerted effort to modify this harsh, and unfair law. With
mutual support of our towns, and citizens, Southold Town will be emphatically
will prevail in the end, and I have to say that this Town Board with the other
Boards in their history making event, which I'm proud to be part of, was the
first time that all independent bodies met with one single purpose, and that is
to challenge, and continue strong against the DEC, and the State of New York,
when they try to imply their economic impact, and the shifting of. deficits from
the State Budget down to the towns on the East End; as it pertains to this
legislation, and the litigation that we've entered upon. So, I just wanted to put
that on for the record, because this Board was part of this history making event.
At this time, I'd like to go out to the audience, and ask if there's any members
that would to address any resolution, that we'll be talking about in the next few
minutes, and passing. (No response.) Hearing no one from the audience at this
time, we'll start with the resolutions. Ellen, why don't you start?
MAY 21, 1991
453
1.-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 a Recreational Boating Safety Project
Agreement between the New York State Office of Parks, Recreation and Historic
Preservation and the Town of Southold, whereby the Office of Parks agrees to
make available to the Town a sum not to exceed $20,000.00 for the acquisition
of a new patrol vessel to be used for Navigation .Law enforcement purposes, said
agreement shall commence on March 15, 1991 and terminate on December 31, 1~91,
and is subject to the approval of the Town Attorney.
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 Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Port of Ec~¥pt Marine, Inc. for supplying the Town with one (1) new 199~ 2~
ft. Privateer 2400 Delaware Cabin Workboat at a price of $20,000.00, which price
includes the trade-in of the Town's 1981 24 ft. Privateer boat; the new boat is
all in accordance with the bid specifications, and includes several additional items
or options at no additional cost.
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.
SUPERVISOR HARRIS: I'd like to just state that this money, that we're spending
for a workboat is a grant that we received, and it will be absolutely no cost to
the Town of Southold, especially where a trade-in was involved.
3.-Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal
of A.R. Lombardi Associates, Inc., the Town's engineers for the Fishers Island
Sewer District facility, to engage the services of A.J. Gada, Inc. at a cost not
to exceed $3,700.00 to pump out the septic tanks at the facility, all in accordance
with the requirements of the NYS-DEC that pumping is required at least once
every five (5) years (this is the fifth year the system has been in operation},
and authorization for laboratory costs of $230.00 for sampling and analyzing the
septage before being delivered to the treatment plant; the services of A.R.
Lombardi Associates, Inc. have been authorized by their agreement with the Town
for on-going discharge monitoring report project.
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 Councilman Wickham, seconded by the Entire Town Board, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts, with
regret, the resiqnation of Kimberl¥ Walkden, part-time Clerk Typist in the
Accounting and .Finance Department, effective May 23, 1991, and extends their
best wishes for success and happiness in her. future career endeavors.
SUPERVISOR HARRIS: Kimberly Walkden is, before we take the vote, has been
a very fine employee for this town. She worked very hard downstairs down in
the Accounting Department, and we certainly wish her the best of luck in her
endeavors, and her new future career, so on behalf of the Town Board we
appreciate the amount of time, and toil, that she put in for the residents of
Southold Town.
4.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwbman Latson,
Councilwoman Oliva, .Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
5.-Moved by Justice Edwards, seconded by Councilman Wickham, 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
appropriate funds for adjustment to April, 1989 Empire billing for General Fund-
Whole Town, adjusted by Empire on June, 1991 billing:
To:
A9060.8 Hospital & Medical Insurance $ 1,497.30
· From:
A1910.4 Contingent, Contractual Expenses $ 1,497.30
5.-Vote of th'e Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
6.-Moved by Supervisor Harris, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby again engages
the services of William F. Mullen. Jr. as the Town's Insurance Consultant,
effective July 1, 1991 through June 30, 1992, at an annual fee of $18,000.00,
payable in twelve (12) monthly payments of $1,500.00; Mr. Mullen to provide
complete insurance service for the Town of Southold.
6.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
7.-Moved by Councilman Penny, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a Lump Sum Consultant Agreement
for Engineering Study between the Town of Southold and Calocerinos & Spina,
Engineers, P.C., in the amount of $59,147.00 for all direct and indirect costs
for professional services for the Pavement Evaluation Study at Elizabeth Field,
Fishers Island, all in accordance with said agreement as approved by the To~n
Attorney.
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 Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
closure of Love Lane and Pike Street, east and west of Love Lane, Mattituck,
from 8:00 A.M. to 4:30 P.M., Saturday, July 13, 1991, to permit the Mattituck
Chamber of Commerce to hold their 14th Annual Street Fair, provided they secure
and file with the Town Clerk a one million dollar certificate of liability insurance
naming the Town of Southold as an additional insured.
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.
SUPERVISOR HARRIS: I urge everyone in the town to attend this 14th Annual
Street Fair. It will be a lively time for all.
9.-Moved by Justice Edwards, seconded by Supervisor Harris, it was
RESOLVED that the Town Board-of the Town of Southold hereby accepts, with
regret, the resiqnation of Laura Obenauer, part-time Clerk in the Assessor's
Office, effective June 12, 1991.
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 Supervisor Harris, seconded by Councilman Wickham, 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 T986
90 hp Yamaha outboard motor; minimum bid to be $800.00.
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.
11.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
release of the passbook of Joan Baqley, being held in an escrow account by Town
Attorney Harvey A. Arnoff, and the substutition of same with a Performance Bond
in the amount of $47,910.00, for roads and improvements in the major subdivision
of Too-Bee Realty, located at Soundview Avenue and Lighthouse Road, Southold,
New York, all in accordance with the approval of Town Attorney Arnoff.
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.
RESCINDED July 17, 1991 by Resolution ~14
12.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Chemung Supply Corporation for supplying the Southold Town Highway
Department with 5,000 linear feet of Snow Fence (more or less as may be needed)
in 100 linear foot rolls, all in accordance with the bid specifications, at a cost
o'f $42.37 per roll.'
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.
MAY 21, 1991
455
13.-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 Capitol Highway Materials, Inc. for supplying the Southold Town Highway
Department with 500 6 foot studded steel "T" Posts (more or less as may be
needed), all in accordance with the bid specifications, at a cost of $2.22 each.
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.
!4.-Moved by Justice Edwards, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of Paul Corazzini & Sons for supplying the Southold Town Highway Department
with 1,000 tons (more or less as may be needed) of Sand Mix Asphalt furnished
and placed at the discretion of the Superintendent of Highways, at a cost of
$23.50 per ton, all in accordance with the bid specifications.
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 Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid
of All Island Equipment Corporation for supplying the Highways'Department with
one (1) 1991 Toyota Model 3-SDK5 Skid Steer Loader, at a cost of $10,800.00
($12,800.00, less trade-in of $2,000.00 for one (1) 1975 International Skid Steer
Loader), all in accordance with the bid specifications.
15.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harrtis.
This resolution was declared duly ADOPTED.
16.-Moved by Councilwoman Latson, seconded by Councilwoman Oliva, it was
RESOLVED taht the Town Board of the Town of Southold hereby authorizes an
advance fee check in the amount of $75.00 for the May 22 & 29, 1991 babysitting
course; said check to be made payable to Cornell Cooperative Extension of Suffolk
County; said charge to be made to A7320.4, Joint Youth, Contractual Expenses.
'"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.
17.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease agreemnt between Rothman's
Department Store and the Town of Southold for the parking field on the south
side of Traveler Street, Southold, for a period of one year, from June 1, 1991
through May 31, 1992, at an annual rent of $50.00 to be paid upon execution of
the agreement.
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 Councilwoman Oliva, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and
directs Supervisor Scott L. Harris to execute a lease agreement between Jessie
H. Jackson and Frances R. Jackson for the parking field on the northerly side
of NYS Route 25, east of Beckwith Avenue, Southotd, for a period of two years,
from May 1, 1991 through April 30, 1993, at a monthly rent of $75.00 to be paid
on the first day of each month during the term thereof.
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 Supervisor Harris, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the
following bids for an Annual Contract to furnish and place asphalt concrete within
the Town of Southold, as may be required by the Superintendent of Highways,
for a period of one (1) year:
0 - 350 tons Paul Corazzini & Sons $37.90
350 -650 tons Paul Corazzini & Sons 937.90
650 - 1,000 tons John T. Montecatvo, Inc. $36.87
over 1,000 tons Paul Corazzini & Sons $31.99
19.-Vote of the Town Board: Ayes: Councilman Wickham, CounCilwoman t_atson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
20.-Moved by Councilman. Penny, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a
facsimile signature to apy all checks, drafts and other instruments for payment
of money drawn upon the accounts of the Town of Southold by Supervisor Scott
L. Harris, except those third party checks r drafts or other instruments in amounts
in excess of $5,000.00, drawn on the following banks.' Norstar Bank
Suffolk County National Bank
The North Fork Bank & Trust Company
Bridgehampton Nationa Bank
Connecticut National Bank
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 Councilman Wickham, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes all
Town Board members, Town Attorney, on member of the Solid Waste Manac~ement
Task Forcer and Assistant Superintendent of Public Works James Bunchuck to attend
a public hearing at Hauppage, New Yorkr on June 24, 1991, on Inactive Hazardous
Waste Disposal Site Remedial Program Draft Regulation 6 NYCRR Part 375, being
held by the NYS-DEC, and the use of a Town vehicle, necessary expenses for
travel and meals shall be a legal charge against the 1991 Budget.
21 .-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latsonr
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
22.-Moved by Councilwoman Latsonr seconded by Councilwoman Oliva,
WHEREAS, over 45,000 Vietnam Veterans live in Suffolk County; and
WHEREAS, this is the largest concentration of Vietnam Veterans in the United
States; and
WHEREAS, the Suffolk County Vietnam Veterans Memorial Commission, a not-for-
profit corporation, has been e~tablished to erect a permanent monument atop the
Bald Hill Scenic Overlook in Farmingville to honor those residents of the County
who served in Vietnam and those who lost their lives in Vietnam; and
WHEREAS, the County of Suffolk, by virtue of Resolution No. 208 of 1987 dedicated
said land at the Bald Hill Scenic Overlook for use as the site for the Suffolk County
Vietnam Veterans Memorial; and
WHEREAS, it is clear that participation in the construction of such a monument
furthers a public purpose; and
WHEREAS, the Memorial will serve the people of the Town of Southoid and the
people of Suffolk County as a place to visit and rememberr and for the Veterans
themselves, it will be a place to reflect and perhaps leave a little less burdened
by the memories of war; and
WHEREAS, the Suffolk County Vietnam Veterans Memoria~l Commission is requesting
donations from the ten towns of Suffolk, said donations to be in proportion to
population; and
WHEREAS, the Town of Southold wishes to contribute to this iust and long overdue
tribute to the Veterans of the Vietnam conflict in order to express its gratitude
to and pride in those brave individuals who so loyally served our country when
called; now, therefore, be it
RESOLVED that the Town Board hereby authorizes the Supervisor of the Town
of Southold to contribute One Thousand Seven Hundred and Sixty-Seven ($1,767.00)
Dollars to the Suffolk County Vietnam Veterans Memorial Commission for the purpose
of the construction of a monument atop Bald Hill Scenic Overlook in Farmingville
to honor Vietnam Veterans; and be it
FURTHER RESOLVED that the funds for the above-mentioned contribution shall
be paid from Budget Item A1010.4, Town Board, Contractual Expenses; and be it
FURTHER RESOLVED that the Town Clerk is directed to send a copy of this resolu-
tion to Honorable John L. Behan and Mr. James Larocca, Co-Charimen of the Suffolk
County Vietnam Veterans Memorial Commission, 1000 Main Street, Port Jefferson,
New York 11777, and to the $outhold Tow~n Accounting and Finance Department.
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.
SUPERVISOR HARRIS: I'd like to mention that the Town of SoUthold is proUd
to be part of this historic moment erecting a monument to our veterans, who
served this country, in war and peace, and we're proud to be a part of this
heritage and history, that's going to be made when this monument is finally erected.
TOWN ATTORNEY ARNOFF: It's long overdue. Having served during that ~eriod
of time, it's very long overdue.
MAY 21, 1991
457
23.-Moved by Councilwoman Oliva, seconded by Supervisor Harris, it was
RESOLVED that the Town Board of the Town of Southold hereby rejects all bids
received on April 25, 1991 for the following: Recycled Cardboard, Recycled
Glass, Recycled Plastic, Recycled Tin and Aluminum Cans, whereas it has come
to the attention of the Town Board that in accordance with the State Law, munici-
palities are not required to put out for competitive bid the sale of recyclable
materials, "the courts have stated that municpat officials have a fiduciary duty
to secure the best price obtainable in their judgment or the most beneficial terms
in the public interest:
Recycled Cardboard: PK Metals - $10.00 per ton
Recycled Separated Glass: PK Metals - $18.00 per ton for Flint, $16.0n
per ton for Amber, $4.00 per ton for Green.
Recycled Plastic: PK Metals - $.03 per pound for PET, $,03 per pound
for Clear HDPE, $.02 per pound for Clear
PET and Clear HDPE Mixed, $.02 per pound
for Clear and Color HDPE.
Recycled Tin and Aluminum Cans - Gershow Recycling Corp. - $6.13 per ton
North Fork Sanitation Serv. - $1.00 per
ton.
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.
SUPERVISOR HARRIS: I'd like to thank Ed Campbell frOm the Department of
Economic Development for providing us with information, that lead up to this
resolution, opinions of the Comptroller State of New York.
24.-Moved by Supervisor Harris, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
refund of $495.80 to Mr. Robert L. Fisher, which sum represents a building permit
fee, and the permit was never used, because soon after obtaining the permit it
became apparent the structure was too dilapidated and therefore a demolition permit
was secured and the structure demolished.
~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.
25.-Moved by Councilman Penny, seconded by Justice Edwards,
WHEREAS, the Building Inspector of the Town of Southold has made a formal
inspection of the premises owned by Catherine R. Stimpson and Sue Larson,
premises described in a deed recorded in the Suffolk County Clerk's Office in
Liber 7721 Page 226, also referred, to as: Suffolk County Tax Map Designation:
District 1000, Section 21, Block 01, Lot 01.2, and thereafter prepared a written
report thereon and filed the same in his office; and
· .WHEREAS, it was determined by the Building Inspector that the buildings or
structures on said ;premises are dangerous or unsafe to the public; and
WHEREAS, the Building Inspector promply thereafter served a notice on the owners,
their agent, or other persons having an interest in said property, pursuant to
the provisions of Chapter 90 of the Southold Town Code; and
WHEREAS, said notice required that the owner of said premises immediately remove
all garbage and refuse; demolish and remove the remains of all buildings on the
premises, said work to commence within ten (10) days from the date of service
of the notice and shall be completed within thirty (30) days thereafter; and
WHEREAS, the owners of said premises has neglected or refused to comply with
the provisions of said notice within the specified time therein; and
WHEREAS, a public hearing on said matter was held by this Board on the 21st
day of May, 1991;
NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED AS FOLLOWS:
1. That based upon the written report prepared by the Building Inspector
and filed in his office, and upon the evidence given by said Building Inspector
at the hearing held on May 21, 1991, this Board does hereby determine that the
buildings or structures located on said premises are unsafe or dangerous to the
Public.
2. That this Board does hereby determine and order that the owners of
the buildings or structures on said premises shall remove all garbage and refuse
and demolish and remove all of the buildings or structures on the premises on
or be. fore the 21st day of J~une, ~991.
4 5 8 2,, ,991
3. In the event that the owners shall neglect or refuse to remove all
garbage and refuse, and to demolish and take down and remove said structures
from said premises within the time specified in the proceding paragraph, then
and in that event the Supervisor be and he hereby is authorized and directed
to procure estimates for the removal of the buildings or structures on said premises
and submit the same to this Board for its consideration as soon thereafter as
possible.
4. That thereafter this Board shall, based upon such estimate, provide
the letting of a contract for the taking down and removal of the buildings or
structures on said premises.
5. That the cost and expenses of the taking down and removal of the
buildings or structures on said premises shall be collected by the I own of Southold
in the manner provided for in Section 90-9 of the Code of the Town of Southold.
6. It is further ordered that a certified copy of this resolution be sent
by the Town Clerk to the owner o~ said premises by registered mail, return
receipt requested, with three days of the date hereof.
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 Councilwoman Latson, seconded by Councilwoman Oliva,
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 Shellfish"; now, therefore,
be it
RESOLVED that the Town Board hereby sets 4:30 P.M., Tuesday., June 4, 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 Shellfish
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 77 (Shellfish) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 77-205(C) is hereby amended to read as follows:
Churning by power may not be employed in the taking of soft ~
clams on land below Iow-tide line in town waters.
II. This Local Law shall take effect upon its filing with the Secretary of State.
26.-Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Olive, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
SUPERVISOR HARRIS: This Local Law change comes based upon the recommenda-
tion of the Board of Trustees in the Town of Southold, who urgently passed it's
· adoption, so as to protect the shellfish industry.
27.-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 Law 'n Relation to Dog Prosecution"; now,
therefore, be it
RESOLVED that the Town Board hereby sets 4:32 P.M., Tuesday, June 4, 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 Dog Prosecution
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 38 (Dogs) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 38-4 (Summons; arrest warrant) is hereby amended to
read as follows:
Upon receipt by the Town Justice of any complaint against the ~
conduct of any particular dog, the Town Justice may summon
the alleged owner or other person harboring said dog to appear
in person before him. If the summons is disregarded, the
Justice may permit the filing of an information and issue a
warrant for the arrest of such person.
The prosecution of any complaint, information or action brought
pursuant to this section shall not be the responsibility of the
Town Attorney.
I1'. This Local Law shall take effect upon its filing with the Secretary of State.
27.-Vote of the Town Board: Ayes: Councilman Wickham, Councflwoman Latson,
Councilwoman Oliva, Councilman Penn,/, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
MAY 21, 1991
459
SUPERVISOR HARRIS: Is there any members of the Town Board, that would have
anything they'd like to report before we go out to the audience? We have a
rescheduled meeting that we have to attend right after we finish Town Board,
we'll do shortly after 8:00 o'clock in reference to a grievance that was filed
against the Town. At this time, if there are no members of the Board? Council-
woman Latson?
COUNCILWOMAN LATSON: When the three Town Boards met itl conjunction in
Riverhead a week ago today, there was reference madeto a bill called the Staffor'i:t
bill, which we were told was amended to exempt towns with populations under
50,000 people from landfill closures. The Senate bill was #2821, and the Assembly
bill was #42'73. Later that week I c~lled Albany to find out the status of these
bills. I called the Legislature, and they referred me to the Encon Committee.
That time I spoke with a woman, who said, that this particular bill, the Stafford
bill was referred to the. . introduced, sponsored by Senator Stafford, and introduced
by a Senator named Ottlaw, who was a member of the Encore Committee, and it was
introduced on the 27th of February, 1991, and to date no action on that bill had
been taken, and there were no amendments introduced to that bill as of this date.
Basically the bill was dead in committee. They also, referred me..l asked them
to look in and see, because they can bring these things up on computers, to see
if there were any other bills, that were pending, and there was a bill introduced
by Senator Bruno from a district in Sarrasota Number 4211, that was out of
committee, and had it's reading on the floor of the Legislature, that deferred all
towns in the county with populations under 10,000 for landfill closures, but, again,
there were no amendments introduced, and the amendments could only be introduced
through the committee. So, I just wanted to clarify that, that to date that before
the Legislature there is no real action.
S'UPERVISOR HARRIS: Ellen, on that point, our local representatives, Assemblyman
Joe Sawicki, and Senator Ken LaValle have amended the Stafford bill, and have
put amendments to it. Originally that legislation was 15,000 and under. They
have both made amendments, and been sponsors of, now, making it 50,000 and
under. One being the Senate, and one being the Assembly, so now those bills
have been amended as of the end of last week. The amendments are in there,
so exactly when they're going to act it, if they act on them is unknown, but
amendments have been made now by both our local representatives. Anything
else?
COUNCILWOMAN LATSON: When t spoke with them on Thursday, they said there
was none.
SUPERVISOR HARRIS: The amendments are in. I don't know what time they
record them, but the amendments 'have been done, so just for clarification on that.
We're going to see what we can do to.get that bill moved, and we're asking every-
body to write the Senate, and the Assembly, and gets those bill numbers, as
Councilwoman Latson mentioned, and please urge the passage of such. Is there
any other members of the Board, that would like to speak?
COUNCILWOMAN OLIVA: Yes. It just seems to me a little incongruous, when
the Town Board, or the Town Solid Waste Task Force has gone out to the public,
and asked them to attend hamlet meetings to gather their imput on ways to pay
for garbage in a contingency basis, in case we had to truck, say tomorrow or
what have you, and we had two people in Orient, three people in Greenport, and
three people in Mattituck. Yet when the Home Occupation Law came about, :we
were in hot water, because we did not have the information out with enough time,
ahead of time, and we had the place packed. Here we went out to the public,
and said, please come, give us your imput, and we only had these few people
on a really very important question.
SUPERVISOR HARRIS: And newspaper ads, also.
COUNCILWOMAN'OLIVA: And newspaper ads, yes, it just seemed rather odd.
Thank you.
SUPERVISOR HARRIS: Anybody else? (No response.) At this time, we'll go out
to the audience. Is there any member of the audience, that would like to speak
to this Board on any matter, that may be of concern?
BI~TTY BROWN: My name is Betty Brown, and I'm the President of the North
Fork Environmental Council. I want to hear if there's a consensus from the B~ard
on some kind of an answer to any of the comments, that were made at the public
information session. We read in the paper, that you have decided to make some
kind of amendments, and I think that I should ask you is that the case, or are
we to believe what we read in the paper, or can you give us an explanation?
SUPERVISOR HARRIS: At this time, the minutes have not been finished being
transcribed, and the Board does not have the full account, even though they
heard, and had made comments. After hearing the information meeting, they have
not gotten the transcript in front of them yet, because it's just being finished
up. So, as soon as they have that transcript, then we will certainly deliberate
on that information meeting, that we have, and we will move from there to make
refinements in those areas, that we feel are neccessary based on what we heard
that night.
BETTY BROWN: Could you tell me what procedure we are to look forward to.
SUPERVISOR HARRIS: I'd say the procedure will probably be at one of the work
sessions. Whether it would be the next one or not, I don't know. The Town Board
will probably take this up as a discussion item, and go over it. if we can get
a consensus , that should be any movement for refinement in a couple of areas,
we will move in that direction, and then take it to Legislative Committee, as it
has done before. Until that time, until the people, who legislatively will make
that modification have that transcript in front of them, I don't know exactly what
meeting that will be taking place, but I would assume it would be at least within
the next two meetings. I[ will I~e~--mtertained at that time.
BETTY BROWN: Then it will go to the work session to be discussed, and then
back to Legislative Committee.
SUPERVISOR HARRIS: Yes, that's right, if so directed by the Board.
BETTY BROWN: I attended the Legislative Committee meeting, and Mr. Penny
had a copy a similar discussion from a town in Virginia, that also allowed trades-
people. I was not able to obtain a copy of that that evening, and I was wondering
if I might have one?
COUNCILMAN PENNY: I have not yet distributed that to the Town Board, because
the Town Board got tied up 'n a public hearing this afternoon, and was not abide
to discuss the Home Occupation Law at all. As I've told you, that once it is public
information it's available to everybody.
BETTY BROWN: It wasn't public information?
COUNCILMAN PENNY: It's not public information. I have not distributed it to
anybody yet.
BETTY BROWN: Okay. If there are amendments, or if decide that you are going
to rescind the Home Occupations Law, wi!t this go back to public hearing?
SUPERVISOR HARRIS: It has to go to public hearing for any revision in the
Code. Yes. Any revision in the Code has to go to public hearing. Absolutely.
That's the standard procedure.
COUNCILMAN PENNY: If you're going to rescind it you have to go to public
hearing.
SUPERVISOR HARRIS: Both ways, as answer to your question. Is there any
other members of the audience, that would tike to address this Board? (No response.)
If not, at this time I'd like to entertain a motion to adjourn.
Moved by Councilwoman Oliva, seconded by Councilwoman Latson, it was
RESOLVED that the Town Board meeting by and hereby is adjourned at 8:10 P.M.
Vote of the Town Board: Ayes: Councilman Wickham, Councilwoman Latson,
Councilwoman Oliva, Councilman Penny, Justice Edwards, Supervisor Harris.
This resolution was declared duly ADOPTED.
Judith-T. Terry
Southold Town Clerk