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HomeMy WebLinkAboutTB-08/24/1982243 SOL, HOLD TOWN BOARD AUGUST 24, 1982 WORK SESS'ION 8:30 A.M. - The Board met with Chief H'.. D'a'n±e'l'..Wi'nt'e:rs- and discussed the necessity for hiring 'two new police Office'rs'. Supervisor Petl was authorized to call for the ~olice officer civil-service list.--- Chief Vfinters advised the Board-that the water at p'oli'c~' he'adquarte'r.~ has been condemned and he has rented a water cooler and ~urchased spring water for use until a determination has been made relati've to placing a filter on the water system.---Chief W~nters urged the Board to adopt regulations for an impoundment fee for vehicles at police headquarters. Town Attorney Tasker will draft a Local Law.--- Chief Winters- advised that the Town will be receiving $2700.00 in court fees paid in 1681 as- a result of selective enforcement for drunk driving charges-. 9:00 A .M. - Dr'. Syb'fl' M'i'Zzi O'f Pan' Te'ch ~.~a'n'a'gem~en't' 'Co'r~. met with the 'Town Board zo dis'c~ss the 7th, 8th and 9th Street rehabilitation projecz which is under way, and the termination of Pan Tech.'s services. Pan Tech will continue on the rehab program until the funds' are used up. There are lite eligible applications which will use the $32,000 (~in deferred loans) in .the budget. The 7th, 8th 'and 9th Street road improvement money, $~0,'000, has been cleared and is ready- to be~in. · Councilman Townsend asked that the problems between the Town an~ Pan Tech be reiterated concerning overrun in charges- for Pan Tech's services. 9:45 A.M. - the Board began reviewing the agenda. 10:30 A.M. -' MrS' Lyle Me're'dith met with the Board to discuss'- his. report on the possible solutions to the roo'f '~'robl'em at the Sen'for/ Youth Center. Mr. Meredith's- report dated July 19, !982, on file in the Town Clerk's Office, outlines the four possible ways to get anything from a reasmnably, tight roof to one that should expect to be guaranteed lea~ proof. Mr. Meredith was asked to check with Arthur Johnson for the cost of annual maintenance of the e×is'tin'~ roof, and to ask Mr. Johnson to check with an engineer to determine whether the presenz roof would support a wood roof load. t1:00 A.M. 'Mr. Robert Muir, Beach Manager, advised the Board it will be necessary to close some of the Town beaches due to the lack of lifeguards who are returning to college at the end df this week. Unless civil service will allow him to use 15 year olds, there is no other solution. Supervisor Pell spoke by telephone with the Suffolk County Civil Service Department and obtained permission for 15 year olds to lifeguard for a two week period effective August 14, 1982. This will enable the Town to keep the beaches open through Labor Day. 11:30 A.M. - The following members of the NOr'th Fork Pe'~ce met with the Board to urge them to adopt another resolution concern- ing the nuclear freeze, incorporating the portion omitted in the first resolution: "supporting a mutually verifiable freeze on the production, testing and deployment of nuclear weapons and their delivery systems."--Harper LeCompte, Southold, Sophia Adler, Southold, Lynn Albertson, Southold, Dr, Mary Shearin, Mattituck, and Dr. Meyer Rosenberg, Peconic. Mr. LeCompte spoke spoke for the group, citing: ample precedent for the Board to adopt such a resolution as 425 towns in New England and 178 city councils, as well as many other local governments throughout the nation, have already taken this stand; two weeks ago the Suffolk County Legislature ovez%vbelming endorsed a freeze on nuclear weapons; statutory authority for the Town Board to enact regulations and ordinances to promoze the h.ealth, safety, moral and general welfare of the peeple of the community and preserve life for the general inhabitants and peace in the community; and the nuclear arms race 244 AUGUST 24, 1982 has a direct impact on the finances of the Town, the diversion of funds for nuclear weaps takes' funds that could be used for Town activities.- Councilman Murdock stated he cannot go along with the additional resolution until it can be proven to him how there can be established a verifiable freeze; Councilman NickleS contends this is not an issue for Town Board discussion. Councilman Murphy and Supervisor Pell are completely in favor of adopting the resolution, as was Councilman Townsend. Justice Edwards stated he would vote against the resolution. It was determined s~ch a resolution was lost and would not he placed on the agenda.----Dr. Shearin told the Board there was' no choice but;to establish a verifiable freeze while there is a possiSility of control at this point in time. Lynn Albertson said the United States must send a message and educate other countries who might be developing nuclear weapons. 12:10 P.M. - Recess for lunch. 1:45 P.M. Work Session re. convened, and Board continued reviewing the agenda. 2:00 P.M. - Mr'. Charles S'. HOpe,' President' 'of' So'lwin Indust'ries, ___ Ltd. met with the Board to discuss the possibility of uvitizing between ten and twenzy acres at the Landfill site for an electricity generating wind farm. Such an electric generaring farm would provide low cost electricity to other industries wishing to relocaze in the area, as well as to the photovo!taic plant Solwin Indusz~ies has. under consideration. Mr."Hope said hie firm is willing to invest over a million doltars to conszruct about 40 wind mills, solar panels, and wells ~o collect methane gas. The collection of methane gas interested CoUncilman Murdock who stated this might be t~e answer in accordance with a compliance order of the N.Y.S.-D.E.C. to vent the methane gas. Mr. Hope also suggested the possibiliry of construct- ing a desalinization plant in an industrial park adjoining the Land- fill site. The Board was unwilling to commit themselves, and asked Mr. Hope to come back with a more detailed plan, at no obtication to the Town. They did agree to permit Mr. Hope to install various small testing devices such as wind gauges at the Landfill site. 2:50 P.M. - Board discussed off-agenda items. REGULAR MEETING A Regular Meeting of the Southold Town Board was held at 3:00 P.M., Tuesday, Augus~ 24, 1982 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. PresenT: Supervisor William R. Pell, II! Councilman John J. Nickles Councilman Lawrence MUrdock Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raknnond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Superintendent of Highways Raymond C. Dean Moved by Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the next Regular Meeting of the Southol'd Town Board will be held at 7:30 P.M., Tuesday, September ~, 1982 at the Southold Town Hall, Main Road, Southold, New York. V0~e of the Town Board: Ayes: JustiCe Edwards, Councilm~n To~6~h.send, Councilman Murphy, Councilman Murdock; Councilman NicM~es, Supervisor Pelt. This resolution was declared duly ADOPTED. AUGUST 24, 1982 245 I. REPORTS SUPERVISOR PELL: These reports are placed on file in the Town Clerk's Office and anybody wishing to review them may do so at the same. 1. Justice Tedeschi's monthly report (July 1982). ._ 2. Police Departmenf's monthly report (July 1982). 3. Assessor's monthly report (July 1982). 4. Justice Price's monthly report (July 1982). 5. Detailed report on the Senior/Youth Center by Lyte Meredith regarding the roof. We have the roof tight, it is tight now and we are going to have Mr. Meredith come back this fall and revie~v it and make sure we have no problems this winter, make sure everything looks good up on the roof. Our long range plan we are going to review and still we are not satisfied with the roof up there. We hope next spring to have some other arrangements. 6. Cable Television's monthly report (July 1982). There was a meeting held here, I could not attend it. Deputy Supervisor Frank Murphy did on my behalf and will report on it. COUNCILMAN MURPHY: What it was is New York 'State' Cablev'is'ion is doing a testing of all the cable lines here to see actually how bad they are and we spoke to them and gave them areas of concern where we've had a lot of people complain about and they are going to hit these spots. I think they were going to test five or six locations in the Town. We also spoke to them about the possibility of other cable companies bidding on our franchise when the franchise runs out in 1985. They said, yes, they could give us assistance in setting up the bid specifications and they said, yes, there would be quite a few companies- th.at would be interested i.n this area. It seems that we have a fairly, density and that it is 'practical for cable companies to come in here and they thought they would like very much to bid on it, which was very good news. We thought we were married to this outfit because they have the lines here. It was explained that when they put in a new service they are going to have to put in all new equipment and then rip out the prese~nt equipment. So no matter if present operators did it or the new company came in. Hopefully we will be getting better service, it might wake this outfit up to start improving their service here if they expect to have their franchise renewed. That's it. SUPERVISOR PELL: Thank you. Report No. 7 - Justice Edwards' monthly report (July 1982). He was a little busy over there on Fishers Island, he had about ten court cases. 8. Councilmen's reports. Councilman Townsend anything you would like to report? ' ' COUNCILM_&Y TO~¢NSEND: Nothing, I just had a wonderful vacation-~ for the last ~wo weeks in Oregon. There weren't too many councilmanic activities other than admiring all the parks in Oregon. They've got a state park every mile along Route 101 which goes several hnndred miles. If we only had ball of t. hat out here we'd be in pretty good shape. That's- all. SUPERVISOR PELL: Councilman Murdock? COUNCILMAN MURDOCI~: The Landfill Committee is going to have a meet- ing .and work on several projects on Thursday morning at 8:00-o'clock. SUPERVISOR PELL: Councilman Nickles? COUNCILMAN NICKLES: At the last Town Board meeting on 'Fi&hers Is~land we had a lifeguard problem' and had to c'lose the beach at Kenney's Beach and today the Supervisor called civil service and we got permission to put on 15 year olds who have passed advanced life- saving. This is going to bail us out othe~vise we're going to have ro close another two beaches. Our problem is that some of the lifeguards are college students and they're already leaving now for college. So at this point we have Kenney's Beach closed on the 19th and we were going to have to close Goose Bay on September 3rd but now we'll be able to keep that open. SUPERVISOR PELL: Councilman Murphy? COUNCILMAN MURPHY: Nothing further, Bill. SUPERVISOR PELL: Judge Edwards? AUGUST 24, 1982 JUSTICE EDWARDS: Nothing, just thai it was a pleasure to have you people',on Fishers- Island. SD~PERVISOR PELL: The hospitality was superb, nobody got roasted. The Supervisor has a report to make of progress on all fronts. The Town is moving ahead slowly but nicely. II. PUBLIC NOTICES COUNCILMAN MURPHY: 1. Application of A'rthur S'i'eme'rling 'for O~ga Lee, .Inlet Way, Southold, Tidal Wetlands Permit to construct a t6 ft. b-~--32 ft. swimming pool 25_ $ lin. ft. landward: of the tidal wetland boundary. A variance is requested from the 75 ft. setback purs~anz to the Tidal Wetlands' Land Use Regulations. Project is located/at the corner of Inlet Way and Cedar Point Drive East, west side of Fairhaven Inlet, Cedar Beach, Town of Southold, Suffolk County, New York. Public comments by September 1~ 1982 to the New York State D.E.C. at Stony Brook.. This notice is posted on the Town Clerk's Bulletin Board. I I I. COIBIUNI CAT IONS SUPERVISOR PELL: 1. Thank you to the Town Board through Larry Murdock from the Southold Town Youth Pro'ject'ion for. their Walk-a~ thon. It seems that the Town Board gave the 'firSt' 'pri'ze to 'th~ yo~-~h, as individuals'. We all chipped in a few dollars and made the first prize for somebody. 2. Compla'int~ about' CabtevisiOn by ~eo'rge' R. Young and the complaint was senz to Albany, New York. We senz several of th:em up there and we're Working on the problems with Cablevision. 3. From George Ul'ew who would like the Town to consider using the police radio operators up there as a central 'dispatch for ambulance, fi~e houses in your Township.. This is something that will be referred zo the police chief to review. 4. Award received by the Town from the .'Automobile :~[ olf New York f--~aving completed the year '1'9'81 w"ith nO 'fa~al.am~ildents in--own of Southold. So far this year-we are. going i~to o~r second year. If you look at the list here, some. of. thes~i t~r~n~ have gone nine years, eight years', we re on one year. S0~hampton has 36 years withouz a fatal pedestrian accident. Shelter Island~ has 16. They invite somebody- from the Town to come to a~ifs~er .~ put on by the AAA Club of New York Stat~. 5. Thank you from the Southold Soccer Club 'for the c~mtribution the Town makes for ~heir youth activities. 6. Letter from Solwin Indust'ries President Charles ~o~e who was here during the Working Session of the Board to discuss the ideas thaz they have, and would like to see up at the Landffll about ~enerating electricity and venting methane gas which is expelled from the Landfill and the wind that goes across the land, a combina- tion. They will be back to the Board with a more detailed plan. 7. Petition from people up in Mattituck at Bailie Beach Road end, signed by one hundred people or so, about the dead-end of the Town road that is used as a public beach by the people and parking and sanitary conditions brought to the attention of the Board. This will have to be replied to. 7.a. A letter from El'e'anor Cardone on the same problem at Bailie Beach. 8. From the Cutchogue Fire District about the parking on 'the corner of the Main Road and- New"Suffolk Lane in Cutchogue and we referred it to Chief Winters zo investigaze and see what recommenda- tions he would like to make. 9. Letter from Theodore 'James. Jr., 'Indian Neck' Lane a~o~t traffic speeding up 'a'nd 'down the ro~d. .Again it has a pet'itio~ of probably 20 names on it. Again this will~ he referred to thm P.D. for determination, if we should ask zhe State to lower it. 10. & 11. Letters from the Suffolk County DeDartment of Health Services and N.Y.S. Department of Environmental Conservation relative to the possibility of acquiring land next to the landfill for .future use and we asked the D.E.C. and the County of Suffolk what the~ thought of the idea. 12. Letter from Peconic Ambulance Serx~i'ce, !nc. requesting the support of the Town to the County of Suffolk to gain _advanced. life support equipment. We have questions on this, roughly how will it affect our volunteer service, and we will check that out. 13. Letter from Long Islan'd A'ffirmatiVe'. ACtion P'rograms, In'c. stating the Town h'as' n~ affirmati've action cas-es pending against it at this t'ime. Note I said"at this time." AUGUST 24, 1982 246 V. RESOLUTIONS .... '~ SUPERVISOR PELL: Numbe'r 1 we are going to hold' '~t this' t'ime, we are not ready to move, we have some sections we .could.not answer today. (Agreement between the Town and Holzm~cher, McL~ndon and Murrell,i~P. C. to:prepare Environmental Review Record for Community Development Block Grant funds. ) Number 2 we are going to hold and put that back on September 7th. (Agreement between the Town and Unitel' Commun'i'ca't'i'ons for the telephone equipment ~n Town Hall. ) Moved by Councilman Murdock, seconded by Juetice Ed~vards., it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency_ for the action described below, has determined that the.project, which, is unlisted, will' not have a significant, e'ffect on the..en~ironment. Description of Action: Application of Pa~ul' Bi'rman for a ~etland Permit to resheath in-.Kin~ approximateI'y 40 ft. of ~ulkhead directly · n~ront o~ existing bulkhead and fill space between with clean, trucked-in sand, at Sunset Way, on Canoe Inlet off Cedar Beach Creek', Southold, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which i~dicated that no significant adverse effect to the environment are likely to occur should the projec~ be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 6~7, Section 617.10 and Chapter 44 of the Code of the Town of S'outhold, notice is hereby given that the Southo!d Town Board, as lead agency for the action described..below,, has.determined that the project, which is unlisted, will ~'o't have a ~sign'if'i~'cant..effect'. on..the 'e'n'v'i'ronment. Description of'_~ction:.. 'Application of Costello Marine ~Con'tra'c't'in~ Corp. on behat'f' O'f Anthony' P'risco for a weft'and Permit to resheath in-kind approximately 90 ft. of timber bulkhead directly in front of existing bulkh-ead and fill the space between with clean, trucked- in sand, at Sunset Way, on Canoe Inlet off Cedar Beach Creek Southold New York. ' ' Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman ~[urpky~ Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Murdock, ~t was RESOLVED tha~ Supe~visor W'illiam R. Pelt, I~I .be..and..~e.h.ere~y is authorized and directed to enter into-~a..m'ain'te'nan'ce'.-a'greement with Mayday Comm~n'icat'fons for the communmcat'ions equ'i'pment at .the Southold Town Police Hieadqua'r~ers for the period September 1, 1982 through A~gust 31, !983 at a cost of $1,286.00. Vote of the Town Board: Ayes: Justice Edwards~ Coun'cilman Townsend, Councilman ~rphy, Councilman Murdock, Councilman Nickles, Supervisor Pe!l. This resolution was- declared duly ADOPTED. SUPERVISOR PELL: Number 6 we do not ha'ye to ~ct' ~on. at all so it will be crossed off your agenda. (Modification of zone designation of the flood baying a one-percent chance of occurence in any given year -. Map of Bay Haven, Lot 54. - Advertisement in official news- paper The Long Island Traveler-Watchman. ) Number 7' We are going ~o wait o~ and we are not going to act on that one, discuss it more. (Enter into contract With William Gillooly for administration of Southold Town Community Development Block Grant Funds. ) 247 AUGUST 24, 1982 10. Moved by Councilman TOwnsend, seconded by'Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold 'c'reate the position of Clerk'-Typist to work in conjunctLon 'with the Grant Administrator and the BOard of Sou'thold Town Trustees, and-~eby authorizes Supervisor William R. Pell, III to apply to the Suffolk CounTy Civil Service Departmenz for the curren~ Clerk-Typist list. COUNCILMAN NICt~LES: Discussion. I apologize, I wasn't here when you discussed this, but you definitely fee! you are going to create a permanent position here, which would in Turn make me think you are creating a permanent position for a grant administrator~ SUPERVISOR PELL: We're going to call for the list, John, and it takes four ~o six weeks to get the list and'we'll evaluate it then. COUNCIL.MAN NICKLES: Because I'm not convinced that--- SUPERVISOR PELL: By then you s~ill have got time. %rote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the~Town Board of the Town of Southold authorizes the transfer of $200.00 from General Fund Whole Town Contingent Account A1990.4, to General Fund Whole Town Municipal Dues Account A1920.4. Vote of the Town Board: Ayes: Justice Edwards, Councilman To~send, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Supervisor Pelt, it was RESOLVEb that the Town Board of the Town of South~ld hereby ~pproves the reductmon of the bond on subdlvmsmon known as Bayv~ew.,~.a~s at Orient, owned by Peter Blank, from $140,000.00 to $25,000.00 !o cover the cost or'planting trees, as recommended ~y the South61d Town Planning Board, Superintendent of Highways Dean, and Planning Board Inspector Davis. TO~;V.~ ATTORNEY TASKER: Ail this Board does is approve of t~he Planning Board's reduction. You don't reduce it. The Planning~Board has ~to hold a hearing on it, and I think they should be advised ~f that. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Conncilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. SL~ERVISOR PELL: That ends the prepared agenda we have for today. Does any Councilman wish to add anything at this time? (No response.) Does anyone wish ro address the Board from the floor? MRS. MARGARET L. CON, AY, Southold: I'd like to submit a pet-ition to Supervisor Pell, the Town Board and Mr. Dean, the Police Department and the Department of Public Works in reference to replacing the stairs at the head of Lighthouse Road. SL~ERVISOR PELL: Thank you very much, it will be on file with the Town Clerk and the Town Board can review it. Anybody else wish to address the Town Board? (No response.) Moved by Supervisor Pelt, seconded by Councilman Nickles, it was RESOLVED that there being no further business to come before this Town Board meeting ~djournment was called at 3:22 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Superviso~ Pell. This resolution was declared duly ADOPTED. Judith T. Terr~ Southold Town Ulerk 24, 1982 248 WORK SESSION 3:30 P.M. - The Board met with Youth Coordinator'.James'.MCMahOn to discuss the possibility of his asst~ing the additional' duties of part-time grantsraan for the Town. Mr. McMahon duties as Youth Coordinator have been reduced somewhat by the appointmen~ Of Police Officer Edward Sidor as Juvenile Officer.--Mr. McMahon felt he could combine both jobs~. Supervisor Pell will ch~ck with civil service as to the status of such a position. 3:45 P.M. - Several members of the MoratOrium' Committee me~ with the Board; Frank B~ar was spokesman. The Committee presented a prepared agenda (Qn file with the Town Clerk) outlfng the issues to be answered before Southold Town can allow further large-sca~e development--economics, population density, farming, water and waste. Town Attorney Tasker told the Committee that a moratorium on developmen~ could be upheld by the courts only if recommendations on a new master plan had been made and were under consideration by the Town Board. He stated a moratorium could be declared on the issuance of building permits for new home construction. The ~ommittee is mainly concerned with a moratorium on the filing of new su6- division maps. The Committee asked the Town Board to search for a way to declare a legal mora~orium.---~u~ervisor Pell wiil'invi~e East Hampton Supervisor Ma~y Fallon and the attorney handling their moratorium law suit to meet with the Town Board on September 7th. EXECUTIVE SESSION 4:45 P.M. - Discussed personnel. * * * Work Session adjourned at 5:00 P.M.- Southold Town ~l~rk