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HomeMy WebLinkAboutTB-06/23/1981'SOUTHOLD TOWN BOARD 237 June 23, 1981 WORK SESSION - 10:15 A.M. Councilman Murphy advised the Board that as Chairman of the Commerce & Industry Committee he is calling a meeting with Sea Grant at 10:00 A.M., July 6th. The purpose of the meeting is to explain the procedure of growing 's'e'aweed and going on into methane gas. Councilman Murphy said the Town Trustees will be invited to this meeting. Supervisor Pell said the following new p'olice Off'ice'rs have reported for duty: Antone Surozenski -. June 12th, Martin Flatl'ey - June 13th, Carlisle Cochr'an, Jr. -June 23rd, and Theodore Beebe, Jr. will start on June 24th. They-have all been certified by the Suffolk County Department of Civil Service. Supervisor Peil advised the Board the Town will be receiving about $10,000.00 as the Town's share of part of the S~'ffotk County sales tax. The Board began reviewing the agenda. 11:00 A.M. - Justice Frederick J. Te'deschi met with the Board to discuss amending the Board resolutTon of May 12, 1981 relative to the Community Service SentenCing Program. He would like the phrase "conditional dislharge" added as he would like to use the Program for those individuals he gives a conditional dis- charge. The Board will amend their resolution at the regular meeting. Recess for lunch at 11:45 A.M. Reconvened work session at 1:05 P.M. Supervisor Pell advised the Board he had just met with County Executive Cohalan concerning The Long Island ~ail Road Company newsrelease concerning new North Fork servic~ beginning July 1st. He also met with representatives of The Long Island Rail Road Company and Supervisor Janoski of Riverhead at the same time. There will be a meeting of the Town Board at ll:30.A;M., June 30, 1981 to authorize the Supervisor to sign the contract with the North Fork Animal Welfare League for the Dog Pound. There will be a meeting of the Dog Pound Committee and Mrs. Tejo and Mrs. Csajko at 9:00 A.M., June 29th to finalize the agreement. Supervisor Pell stated Pan Tech will be at the Work Session on July 7th. The Board discussed'the proposed resolution on this date's agend~ concerning Robins Island. Councilman Drum stated he does not feel it is legal for the Town Trustees to manage Robins Island.-- Councilman Murdock supports a referendum. He feels all of the people should be given an opportunity to vote on preservation or limited development.--Councilman Murphy said he thinks the report from the Robins Island Committee is pretty unanimous in agreeing Robins Island should be preserved, and the Board should allow the Save Robins Island Committee to see what funding they can come up with.--Councilman Nickles said the Town govermment should stay out of it at this time. tt is premature to go to the people on a referendum. The Town Boar~ should give them their blessing to seek fundi'ng.--Councilman Murph-y said he would like to see a simple resolution such as, "The Southold Town Board goes on record as favoring the preservation of Robins Island in its natural state". Councilman Nickles, Murdock and Drum felt that the words, "providing no taxpayers money is used in land acquisition or maintenance".--- Supervisor Pell said he is agreeable to that.--Councilman Murdock said he is favor of ten acre zoning on the Island as a measure of limited preservation, and proposed that a resolution be drafted- by the Town Attorney to empower the Planning Board to make a study of such a zoning amendment.--Councilmen Murdock and Drum and Town Attorney Tasker will sit down and study "i'sland zoning". JUNE 23, 1981 Mr. Robert Traugott and Mr. Mike Krug of Energy Development Corp. spoke to the Board concerning a proposed meeting with the N.Y.S. D.E.C. for a scoping meeting to define more specifically the major issues and Environmental Impact Statement for a municipal solid waste facility in Southold Town. In a meeting Mr. Krug and Mr. Traugo~ ha~ with Mr. Middleton and Mr. Macklin of the D.E.C., it was indicated the application was viable from the standpoint of the D.E.C. and there would be no problem. Mr. Traugott presented a proposed site plan for the solid municipal waste facility. H~ proposes ~o build an additional warehouse to store paper, etc. to use when the intake is small, thus possibly reducing the tipping fee by $3.00. A regular meeting of the South~ld Town Board was held at 3:00 P.M., Tuesday, June 23, 1981 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. PresenE: Supervisor William R. Pell, III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Justice Francis T. Doyen Town Clerk Judith T. Terry Town Attorney Robert ~. Tasker Highway Superintendent Raymond C. Dean On motion of Councilman Drum, seconded by Councilman Murd~ck, it was RESOLVED tha~ the next regula~ meeting of the Southold Town Board will be held at 11:30 A.M., Tuesday, June 30, 1981 at the ~S~D~thold Town Hall, Main Road, Southold, New York. Vo~e of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum~ Supervisor Pell. Th~s resolution was declared duly adopted. ?~' Justice.Doyen. I. REPORTS - SUPERVISOR PELL: 1. The monthly repor~ from the North Fork Animal League. (May 1981). 2. The monthly report from Cablevision (May ~981). 3. Under Councilmen's Reports, Councilman Murdoc~. COUNCILMAN MURDOCK: Thank you, Bill. The first thing was in terms of the Mattituck Inlet. Martin Carey just returned--just called you yesterday as you told us today and he and his attorneys have .a pre- trial conference and they will get back to us within a period of two weeks in ~erms of what they think their requirements are with -the tank farm and hopefully~..~we can start to move forward there. ' We jus~ finished a meeting with the Energy Development Corp. We will probably starting calling MSW Southold, Ltd. pertaining to burning our municipal solid waste and generating electricity. These gentlemen had a meeting with the~New York State Department of Environ- men~al Conservation to get some sort of a general feeling whether, the DEC would approve of this ~ype of a facility. Their meeting was very positive an~ we plan on going the nex~ s~ep which is what they call a scoping meeting between participation with the Town Board as well as MSW Southold, Ltd. and New York D.E.C. Hopefully we'll be doing that nex~ week and continue to move forward toward solving our municipal solid waste problem. Thank you, Bill. SUPERVISOR PELL: Councilman Drum. COUNCILMAN DRUM: Last week I'a~tended an Emergency Preparedness meeting primarily for hurricane briefing a~ the Emergency Opera, ions Center in Hauppauge. It was a very informative meeting and I was impressed with their Emergency Operations Center which is well equipped. About a year ago we had discussed our own emergency center of some sor~. I believe we all agreed primarily that it JUNE 23, 1981 .~: ~ ~j; . 239 should be in the basement of the Police Department. I can't say that I don't say we should have an elaborate center or anything like that at all, I~m not proposing that. I do feel though we should have some means of communications in the basement on an austere basis, someplace, in case we need to go and man an operations. I'll look into it further. That's all I have to report. SUPERVISOR PELL: Councilman Nickles. COUNCILMAN NICKLES: I have a letter relative to beaches at the Norman E. Klipp Park. It is a complaint from a property owner there relative to vehicles going up and down the beach. The Superintendent of Public Works and I are looking into it. Also, you had asked about Lieutenant Winters and I looking into parking in the area of the Wharf House, Southold. You have our report on that where we made recommendations for "No Parking" ~igns, which will be delt with later in a resolution. 'SUPERVISOR PELL: Councilman Murphy. COUNCILMAN MURPHY: The Commerce' and Industry Committee will have a meeting on the 6th of July with some people from Albany about a new developed system they would like to try--raising seaweed, and to generate methane gas from Sea Grant and they are coming out of Stony Brook actually. They are going to explain this to us and anyone interested in this is welcome to come to the meeting at 10:00 o'clock in the Town Hall. We are negotiating with another firm but it's much too early to bring it up to the Town. That's it. SUPERVISOR PELL: Justice Doyen. JUSTICE DOYEN: Fishers Island presently has just about cgmpleted a disaster plan in working with North East Utilities in the event of a nuclear accident. At this point we carry one pager on Fishers Island which within fifteen minutes of an accident notify the Chief Executive and another pager system on the nature of the accident. I gave the Supervisor, and he hasn't had a chance to read it, a complete planned schedule of what can be done under different circumstances. It is very interesting and they have done a fine job in putting this plan together. COUNCILMAN DRUM: Granted, thatis very interesting. You'~e ~ade progress in the last year. Of course, people may not realize, but in Albany a year ago they did not realize Fishers I'sland was in New York State and there were no plans at all. This is good progress. JUSTICE DOYEN: By the end of the year we'll have a program which will have fringe benefits not only for disaster, which we hope wilt never happen a~ the nuclear facility, but i~ the event of a natural disaster we will be much better organized. SUPERVISOR PELL: Thank you. I have to report that during the month of June we will be putting on the~wn payroll four'new police officers. They are, and I will read the starting dates ~or each one, Antone Surozenski, June 12th he starts to work', Martin Flatley, June 13th, Carlisle Cochran, June 23rd, Theodore Beebe, Jr., June 24th. These four men will be joining our permanent police depart- ment staff. Also, this morning there was a meeting called by our county exec in Riverhead which I did attend ~long with other people there. BaSically it goes back to something that was started in Southold Town fifteen months ago. Fifteen months ago Supervisor Janoski~- county ex sent down his assistanz Alice Amrhein and we met in Southold Town Hall and talked about the service of the Long Island Railroad, mass transit perhaps it is referred to. We asked thaz service be improved and at that time we asked the county exec to represent the two towns. We had a petition signed with about 65- 70 names on between Riverhead Township and Southold Township of people requested it. Well, I'm happy to report, after many meetings, some of them not so nice, with the MTA, some of them nice. One of them was at night, Larry was at that one in Hauppauge. But after about fifteen months of work there will be two trains a day from the East End in the morning and coming back at night. One train will leave--this is year around starting July lst--will leave Riverhead at 5:54 A.M. and arrive in New York 8:26. One will leave Greenport 6:01 in the morning and arrive 9:01 and the return service at night also comes back, there are two trains at night that come out. I have the program here which was released today. 24~ JUNE 23, 1981 It will be advertised by the MTA in the trains and all around in week or two. It is a good effort on how Riverhead, Southold, County all went to work and made a request in good faith on MTA on how they did listen to us and it only took fifteen )nths but they did come around to see things to help us out. The other report is the sales tax meeting in which the Super- visors asked the County Legislature to share with us some Of the sales tax. After a couple months of give and take the County Legislature, looks like, will give each township fifty cents per head, per capita. Whatit means is Southold Town, next year we might get just under $10,000.00 from the sales tax revenue which is not any great amount but it is nothing to pass up. On a county level it means about a hal~ a million dollars ~o give up and give out to the townships. II. PUBLIC NOTICES - COUNCILMAN NICKLES: We have one notice today from the New York State Department of Enviro~tal Conservation. Notice of Complete Application by Barney A~ Evans, Suffolk County Department of Public Works to remove and construct two bridges on New Suffolk Avenue, one over Mud Creek and one over Downs Creek. Comments as it is reflected on your agenda, have to be in by July 15th and the Town Clerk has a copy of the notice in her office. III. COMMUNICATIONS - SUPERVISOR PELL: 1. Street light request (Anastasia Donahue) which will be turned over To the Street Light Committee. 2. Notice that October 6th the Town Hall witl be used for registration day on a county wide thing. They have used the Town Hall before and they want to use it again on October 6th. 3. Opening of an office in Riverhead of the Consumer Affairs Department. It will have a full staff office there. This is office is nothing to be passed up with. During the past year I think I hate applied to it on behalf of Southold Town residents three or four times. Ken Rosenblum who is the Commissioner, in all cases we asked for help, he go~ us help and people in our Town has got refunds from what they paid for and s~outdn't have had to pay for. It's a big asset to have somebody up here so close to us, but the opening was postponed and is supposed to be tomorrow morning, June 24th at lO:O0 A.M., but our county exec is taking a couple of weeks off and going away so ft has been postponed ~o I was informed t6day. 4. From County Attorney David Gilmarti~. The Town Board directed me at the last meeting to write to-him to see if we could be part of the county suit against LILCO. The Town has been involved since 1976 in fighting LILCO. The TownBoard directed me to write to see if we could become a party on the county behalf along with them and the answer ~hat we got back was yes, they would love to have us and we will support with them to the best of our ability to help them fight LILC©. IV. HEARINGS AND DECISIONS SUPERVISOR PELL: There are hearings scheduled at 3:30 P.M. which is a few minutes from now.--3:25 which is a couple of minutes from now. We had three hearings this morning which the Board will render decisions on at a later date. At this'time I would call for a recess for the amount of time it takes to conduct the two hearings at 3:25 and 3:30. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that a recess be called at 3:25 P.M. for the purpose of conducting a pub~ring a~ 3:25' p.m. upon the application of Marino Faraguna ~'or a wetla~d permit, and at 3:30 P.M. in the matter of a "Local Law to amend Chapter 32 of the Code of rhe Town of Southold in relation to enforcement of the provisions thereof" Vote of the Town Board: AyeS:- Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Dream, Supervisor Pell. This resolution was declared duly adopted. Justice Doyen. Meeting reconvened at 3:33 P.M. JUNE 23, 1981 V. RESOLUTIONS 24i On motion of Councilman Murphy, seconded by Councilman Ni~kles, it was RESOLVED that the Town Board of the Town of Southold approves PaY- ment of $80.00 to Ut'iCa Mutual Insurance company for~'iasUr'ance coverage on the following structures owned by the Town of Southold: Bathhouse - Southold Town Beach $4,000.00 Bathhouse - Norman E. Klipp Marine Park -. $4,000.00 Bathhouse - McCabes Beach $4,000.00 Bathhouse - Kenney's Beach - $4,000.00 Bathhouse - Goose Creek Beach - $4,000.00 Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. o On motion of Councilman Nickles,' seconded by Councilman Drum, it was RESOLVED thatpursuant 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 B6ard, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significan~ effect on the environment. Description of Action: Application of Marino Faraguna for permission to construct an aluminum alloy bulkhead at property on the west side of Skunk Lane, on Mud Creek, Cutchogue, 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 indicated that no significant adverse effect to the environment are likely to occur should the project be imnlemented 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: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman D~um, it was RESOLVED that the Town Board of the Town of Southold grants per- mission to the Southold Senior Citizens Club to contract~for three (3) 49 passenger buses at a total cost of $885.00 to transport them to the Island Squire, Middle Island, New York, for luncheon and show on July 30, 1981. ~ Vote of the Town Board: Ayes: Councilman.Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum,~Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED thatthe Town Board of the Town of Southold grants per- mission to The Seniors Club of Southold-Peconic, Inc. to contract for two buses at a total cost of $700.00 to transport them to New York for a sightseeing tour on the Circle Line around New York Harbor on September 23, 1981. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED thatthe Kwianis Club of Southold Town, Peconic, New York be and hereby is granted nermission to use the town beach and parking facilities at Goose Creek Beach, off North Bayview Road, Southold. New York for purpose of holding "The Great North Fork Sunfish Race" from 11:00 A.M..unTil 4:00 P.M., Saturday, August 1, 1981, rain date August 2, 1981, providing they secure the necessary insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 242 JUNE 23, 1981 o 10. On motion of Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Mr. ~Vil!iam ~ulten and Town Attorney R~bert W. Tasker to prepare the necessary specifications for Town insurance cover- age for 1982. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. ©n motion of Councilman Nickles, seconded by Councilman Murdock, it w~s RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for 10,000 feet of snow fence, more or less as may be needed, for the Southold Town Highway Department. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared d~!y adopted. On ~otion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to ad~?ertise for bids for 500 6 ft. studded steel T posts, more or less as may be needed, for the 8outhold Tow~ Highway Department. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED tha~ the Town Clerk of the Town of Southold be authorized to advertise for bi~s for 300'tons of Grade No. 1 Cayuga (or equal) Rock sal~ delivered in bulk, more or less as may be needed, for the Southold Town Highway Department. Vote of the Town Board: Ayes: Councilman Murphy, CounciIman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. SL~ERVISOR PELL: The ARLM System. I will ask Councilman Nickles to do it and also explain so everybody understands it. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town of Southold does hemeby approve the sum of $12,100.00, which includes the cost of paper for 1981, to be in- cluded in the Assessor's 1982 budget, for the Town of Southotd to enter into an agreement with the New York State Division Of Equal- ization and Assessment to ad6pt the Assessmenm Roll a'nd Levy Module (ARLM). and be it further RESOLVED tha~ the Town Board of the Town of Southold does hereby authorize the Board of ~'ssessors to proceed with the necessary steps for conversion to the ARLM system. This will generate the assessment rolls, tax rolls and billings, annual reports, AAR 1, 2 and 3 reports, summaries of all exemptions, assessment notices, along with total summary of reports of school, town county and special districts. This approach will result in a substantial savings to the Town plus a reimbursement to the Town of $2.00 per parcel ~s per 15B of the Real Property Tax Law. COUNCILMAN NICKLES: I think the resolution pretty much explains it b~ for those who want further explanation£-the Town, for the last few years, has entered into private contracts with various prmvate contractors, one being the North Fork Bank, last year and this year with Sandsport and they have been doing th~ computerization, of our ~ax roll. This goes one step beyond that where it indicates the reports tha~ are required by the Departmen~ of Equalization, AAR 1, 2 and 3 and the various exemption rolls which the State Department of Equalization now requires. The $2.00 reimbursement is par~ of the original $10.00 that was to be given out to the Towns if they participated in the 100% real property reassessment program. The Town Board has looked into this. We were very hesitant about going into 100% because of problems in the legislature coming up with legislation as to an overall assessment program~ So we were concerned tha~ by participating in the KRLM system we wouldn't be putting one foot in the bucket so to speak. This does not commit us to the 100%. All in all I think I have to go along with the Assessors. This will modernize our assessment procedure and it has to be done and is mandated now by the Department of Equalization. JUNE 23, 1981 ~ 243 11. 12. (a) 12. (b) 14. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On mozion of Councilman Drum, seconded by Councilman ~urdock, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to sign a service agreement with Simplex Time Recorder for a fire alarm system at the Town Hall, at a cost of $671.85 for the period July 1, 1981 through July 1, 1982; subject to the approval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED thatthe Town Board of the Town of Southold transfer from General Fund Whole Town A1320.4 - Independent Auditing, the sum of 2950.00 into a new line item A3020.4 - Public Safety Communications Systems, in order to help defray the cost of equipment-for the Town of Sothold Fire Coordinators. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold authorizes the purchase of three light b~rs and three eleczric sirens for the Southold Town Fire Coordinators, at a sum not to exceed $950.00. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock,Councilman Nickles, Councilman Drum, Juszice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOL¥~D that the Southold Town Board goes on record as favoring the preservation of Robins Island in its natural state, providing no taxpayers money is used for land acquisition or maintenance. Vote of the Town Board: Ayes: Counc~Iman Murphy-, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds the following resolution which was adopted at a regular meeting held on May 5. 1981: kESOLVED that the Town Board of ~he Town of Southold advance $754.00 from the General Fund Whole Town Account to the Town of Southold Nutrition Program to pay the salary of a bus driver UP zo July 1, 1981. Vote of the Town Board: Ayes: Councilmkn Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold accept, with regret, the resign'ation of' John A. Drosk0ski, polfce Officer, Southold Town Police Department, effedtive June 30, 1981, and be it further RESOLVED that a letter be seht to John A. Droskoski expressing the Board's appreciation for his dedication to his job since his employment on October 27, 1970, and his constant concern for the besz interests of the Town of Southold, and wishing him every success and happiness in the future. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 244 16. JUNE 23, 1981 On motion of Councilman Murphy , seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold will hold a public hearing at the Southoid Town Hall, Main Road, Southold, New York on Tuesday, July 7, 1981 at 3:00 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: A l~ocal [xtw to amend Chapter 92 ofthe Codes ofthe Town of Southold in relation to frail'lc regulations. BE IT RNA(. I IuD hS' the Town Board of [he Town of Southold as follows: Chapter 92 of the Code of the To~vn of Southold is hereby Artich, IV of amen(lcd :ts l'~dl~ws: 17. I. 1~¥ :mu'nding Section 92-41 thereof by adding thereto the following: NalT1C of .'~tl'pp! Side Location South At Southold from extension south- erly of the eas't curb line of Hobart Road, easterly for a distance of 127 feet. Terry Lane North At Southold from the easterly curb line of Hobart Road, east- erly for a distance of 142 feet. ltobart l{uad East At Southold from the northerly curb line of Terry Lane, northerly for a distance of 98 feet. II. ];.5' a,nt:nding Section 92-42 thereof by adding thereto the following: Name of .C. trm?t Side North Terry L&Bt~ Bet~veen the Hours of 10:00 p. m. & 7:00 a. m. Location In Sbuthold from the west curb linb of Hobart Road westerly to Town Creek. III. l~y addin~ a new Section thereto, to be Section 92-43A, to read as follows: §92-43A - Public Parking Lots, The parl<ing of vehicles in the Public Parking Lot located in Southold on the south side ef Route 25 approximately 170 feet east of Wells Road is hereby pro- hibitcd for a longer period than two (2) hours. IV. This I.ocal Law shall take effect immediately. Vote of the Town hoard: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hereby auth- orizes Supervisor William R. Pell, III to execute any and all contracts on behalf of the Town Board with Muirfield Contracting, Inc., 16 Heath Place, Garden C'itv, New York, for furnishing and placing base course asphalt concrete type IA (approximately 925 tons) on New Suffolk Avenue~ .Mattituck, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 245 JUNE 23, 1981 18. On motion of Councilman Nickles, seconded by Councilman ~urphy, it was RESOLVED that the Town Clerk of the Town of Southold be and hereby is authorized and directed to advertise for bids for the Southold Town Highway Department for one (1) new-1981 Removable Gooseneck Trailer with trade-in of the followin~ items: one (1) 1860 P & H Crane, one (1) 1964 Pettibone, one (1) 1967 Wisconsin Trailer, one (1) 3/8 yd. clamshell bucket, one (1) 1/2 yd. rehandling bucket, one (1) 3/8 yd. dragline bucket, and one (1) 1/2 yd. dragline bucket. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution ~s declared duly adopted. 19. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED thatSupervisor Wil. liam R. Pell, III be and he hereby is authorized and directed to sign a maintenance agreement with Savin Corporation for one copy machine for the Southold Town Highway Department, at a cost of $295.00 for one year, machine No. 2600305734: subject to the ~proval of the Town Attorney. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Dru~, Justice Doyen, Supervisor Pell. f This resolution was declared duly adopted. 20. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, Knights of Columbu's ~4ar'ian Council #385~, Cutchogue, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, and 'it is further RESOLVED tha~ the Town Clerk be and she hereby is directed to issue aBingo License to Knights of Columbus Marian Council #3852, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 21. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review A~t in the matter of the application of Howard Petersen for a wetland permit on certain property located at right-of-way off Naugles Drive, Mattituck Creek, Mattituck, New York, for permission to construct ramps and catwalk. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 22. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold amend their resolution adopted on May 12, 1981 wherein the Town Board authorized a Community Service Sentencing Program by adding thereto, before the word "probation"--"conditional discharge and/or probation". COUNCILMAN MURPHY: This is a resolution which was made on May '12th, resolution #17 to be amended. All we're adding is where an individual who has been sentenced to probation, we're adding, "sentenced to conditional discharge and/or/probation,,. It is to give the justice more leaway in assigning people to this diversion program that we instituted in the Town. Vote of the Town Board: Ayes': Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Number 23 you do not have on your agenda. Councilman Murdock will introduce it. 246 23. JUNE 23, 1981 On motion of Councilman Murdock, seconded by:Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold does hereby authorize Energy Development Corp. to attend a scoping meeting suggested by the New York' State Department of Environmental Conservation in order to define more specifically the major issues in each application and the Environmental Impact State- ment as proposed by Energy Development Corp. on behalf of MSW- Southold NY Ltd. for disposing of Southold's municipal solid waste, and authorizing Supervisor Pell to sign a letter to this effect. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, JustiCe Doyen, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN ~RDOCK: I think I Should read the letter to Mr. Traugott. "The Town Board desires to have the proposed services from MSW-Southold NY Ltd. for disposing of Southold's municipal solid waste available by June 1983. It is willing to actively support your efforts in achieving this goal. While this commitment authorizes actions leading to a Contractual agreement, the Board cannot sign such an agreement unless the following issues are resolved to the satisfaction of the Board: 1. An indication from NYDEC that they forsee no impediments to preclude the issuance of a construction permit. 2. A solution for the source of cooling water. 3. Intergrating the seven acres of line landfill needed for incinerator waste into the overall approach'for handling the current landfill. 4. Although it can be added later, as a separate item with- out influencing current negotiation with NYDEC, we should decide on whetheror no~ the septage should be processed by MSW-Southold, _NY., Ldt. 5. Corsple~ng and formulation of an agreemenz between the Town and MSW-Southold, NY. 6. Preparation for a public hearing. ~-- 7. A public hearing. The intent of the Board is to move as rapidly as we can without sacrificing thoroughness." me authorize the Supervisor to sign that letter to Mr. Traugott. SUPERVISOR PELL: That concludes the prepared agenda that was prepared and discussed at the working session of the Tow~ Board. At this time I would like to ask the Councilmen if I have left anything out or anything they would like to add. COUNCILMAN MURDOCK: I have something I would like to add, Bill. I am very pleased at the outcome of the Robins Island issue. It has caused me a great deal of consternation and a great deal of thought. I didn't know quite how to handle my own feelings about this issue in reference to what is bothering me a great deal abou~ the Town of Southold and this morning at 5:30 I started working with some numbers that I would like to put forth to the assembled people here in reference to what was deeply upsetting me with Robins Island. We have a pr~oposition from the Section 201 facility plan from H2M deati~g with sewage and sludge. It involves a potential sewering Qf Conklins Point, Pipes Cove, Stifling Basin and North Greenport. The total was $2,741,000.00 with an annual operating cost of $330,800.00. ~ Potential sewering of Mattituck. There were eleven alternatives discussed from $1,881,000.00 to $3,848,000.00, with an annual cost of $235,300.00 to $452,800.00. There was the septic tank alternative of processing the-changing ~he Greenport plant--the septic sewage from the honeywagons $1,669,O00.00 with annual cost of $213,200.00. ~{unicipal solid'waste. The only program we had at the present time was the Five Town Program recommended by Holzmacher and McLendon ahd New York DEC. Southold Town's share was $15,000,000.00 with an operating cost, if we participated, of $3,000,000.00 per year. Capping of the Cutchogue Landfill - approximately $1,500,000.00.. These issues are very very important to the future of Southold Town. While we were talking about the niceties of preserving an island, and it certainly--as I say, I'm very happy the way the issue turned out--I'm in favor of preservation, I think what the Town of Southold has to reaIize is that we have to preserve Southold Town. The amount of money involved that we are considering in the future would seriously impact many things that we may want to do. Now that we are going into a private funding JUNE 23, 1981 247 and we all agree that this is t~e~way to go, it frees my mind because realistically my proble~s~.~'I~'l~ng the future of the Town of Southold, and I'm sure all the members of this Board also, as we've all been working at different levels of it, is to try and pro~ec~ our Town. There are items that we turned down in the past. The Mattituck-Cutchogue water district. We turned down the funding of that through referendum. The Town's people did not want to pay for that. It was impacted on us very sharply by the effect of Temik on our water district. All of a sudden we were faced--to ge~ the extact numbers I was reading the other day in the Temik report, I think there were a total of 2500~2600' wells that were contaminated with Temik in the Mattituck-Cutchogue area. The Suffolk County Health Department is working a proposal ~o bring water in for an estimated cost of $25,000,000.00--to bring water into the North Fork. It is their opinion that we will not be able to drink our water on the North Fork in the conceivable--I think they are talking maybe five years~ Along the lines of that we have the Pine Barrens. There is a public law proposed for the Pine Barrens. Congressman Carney is trying to put it through. We had a public hearing on that application in Southampton. There was nobody there from the North Fork. That Pine Barrens is probably going to be our only source of pure wa~er in the forseeable future for the North Fork. I think we should all be deeply involved in that Pine Barrens' situation and we are talking there again of an acquisition totaling some thirty-odd million dollars. We have the coal fired plant at Jamesport with the total affect that will have on our groundwater, as well as our air quality. The potential for acid rain. The potential ~o our shorelines. The damage that was done by them building jetties to bring in the coal barges. Probably two and half or three million dollars will be spend to try and~:fight that type of a project if it's allowed to continue. We have the Mattituck Inlet study. The Mattituck Inlet is in ~anger of being contaminated throughout the whole length from the Sound to the dual highway. That would impact the property values as well as the recreational values by millions of dollars and I have been working on these projects and thinking about these projects. I'm not the only person working, but I have to tell you my thoughts and what my worries were and realistically I was saying to myself, how can the Town go forward with all of these financial problems coming. With all of the impact, that these financia~ drains are going to have on us? And also preserve Robins Island. I sincerely hope that we do find private funding that will be avai~- able for Robins Island because it will enable us to preserve.'it. Realistically the future for Southold Town as well as the entire North Fork--I think if we do not solve these problems we will be back to a pristine areas because we will not be able to support life on the North Fork. I don't say that lightly and I don't say it to scare anybody, but if we don't have drinking water available and we continue ~o contaminate it, the one thing that drives me completely crazy when I go up to the Disposal Area is two ope~ pits that we dump sewage in. I wouldn't do that in my hqme. I'm very proud of the fact that I consider myself civilized and here I am on the Town Board and I have to oversee The total dumping in two open pits, contaminate our groundwater, of pure raw sewage and I can't wait for the day that I can come before this Town Board and come before the people of this Town and show them that I have an alternative. That I can close that foolish situation up forever. It has really upset me and really bothered me and I felt that at one point somebody should bring forth the total projects that are facing this Town and try and ge~ the people as well as they were organized ~o preserve Robins Island, I'd like to see the same people be just as well organized to preserve the entire North Fork. Thank you, Bill. SUPERVISOR PELL: Thank you. Councilman Drum? COUNCILMAN DRUM: I have no comment. SUPERVISOR PELL: Councilman Nicktes? COUNCILMAN NICKLES: May I read a nice little letter? Last February the To~ Board put a blood pressure machine in the building and I didn't gev this in time to give it to the Supervisor so he could get it on the agenda, but I would like to read it to you. It is one of the few pleasant things we get now and then. SUPERVISOR PELL: What's the date of ~he letter, John? 248 JUNE 23, 1981 COUNCILMAN NICKLES: June 8th, but it was in the Town Hall before it was given to me. "Dear Sirs: Your altruistic thoughtfulness in installing the blood pressure machine is greatly appreciated by myself and all those who are aware of it. It is so convenient to us Southold residents and a great savings of time and cost of getting to a doctor for check-ups." Signed Lillian Jacobson. SUPERVISOR PELL: Thank you. Anything else? Councilman Murphy. COUNCILMAN MURPHY: Nothing. SUPERVISOR PELL: Justice Doyen. JUSTICE DOYEN: Nothing to add. SUPERVISOR PELL: The floor is open to the public. Does anybody wish to address the Town Board? FRANK BEAR: I would just like to say in regard to the Robins Island issue that I'm very pleased that Councilman Murphy initiated this resolution that was passed and John Nickles seconded it, and the Town Board voted unanimously for this. I feel that this gives the Save Robins Island Committee an opportunity now to move forward and bring about the total preservation of this island in its natural state. I can assure you thatwe will go to work, as a matter of fact we already have. Thank you very much. SUPERVISOR PELL: Anybody else wish to address the Town Board? ~RTHA J. PAUL: I would just like to add my ditto to Frank's sta~emenv. I thank you gentlemen for being patient with us and I am very happy with the outcome. As Frank says, we have already started accumulating some seed money. You'll be hearing from us. SUPERVISOR PELL: Thank you very much. Anybody else wish to address the Town Board? (No response.) If not, the meeting will not adjourn today. I'm going to ask for a recess. As I said before, we hsd hearings this morning. I would like to dispose of it today but the Board does have to discuss it in Executive Session. At this time I will ask for a recess. On motia of Councilman Nickles, seconded by Councilman Murdock, it ms RESOLVED that a'recess be called at 4:10 P.~.. Meeting to reconvene followiag Executive Session. Vote o~ the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles,'Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. EXECUTIVE SESSION - 4:20 P.M. The Board discussed the appea'l hearing of Gary Costas relative to his denial for a peddling and soliciting permit. WORK SESSION - 4:34 P.M. Discussed with Lieutenant Winters and Chief Cataldo the installation of public phones at the bathhouses at the beaches. The cost will be $263.00 so connect at three locations and a charge of $42.81 for three phones from July 1st through Labor Day. This was authorize~ by, the Board Chief Cataldo advised the Board that the Suffolk County Department of Public Works will initiate a study of the intersection of Westphalia Road and Route 48, Mattituck. Chief Cataldo objected to the police budget being charged for the haul out of bouys at Fishers 'Island. This will be corrected. Discussion o~ Police personnel. Lieutenant Winters asked for and received permission to have the rugs at Police Headquarters cleaned. JUNE 23, 1981 Chief Cataldo discussed his~pr~:$~retirement and the vacation, sick and compensatory time. he feels is due him upon retirement. Regular Town Board meeting reconvened at 6:00 P.M. Moved by Supervisor Pell, seconded by Councilman Murphy, WHEREAS, the application for a Peddling and Soliciting Permit by Gary Costas, Factory Avenue, Mattit~ck, New York, was denied by the Town Clerk of the Town of Southold upon recommendation of the Southold Town Chief of Police, and WHEREAS, upon appeal by Gary Costas, a hearing on this matter was held by the Town Board of the Town of Southold at 9:30 A.M., Tuesday, June 23, 1981, now, therefore, be it RESOLVED that the Town Board, after due consideration of the evidence and testimony az the hearing, hereby grants Gary Costas a Peddling and Soliciting Permit under the provisions of Chapter 69 of the Code of the Town of Southold. Vote of the Town Board: Ayes: Councilman Murphy, Councilman MUrdock, Councilman Drum, Supervisor Pell. Abstain: Councilman Nickles (who was not present at the hearing). This resolution was declared duly adopted. 249 On metion of Councilman Drum, seconded by Councilman Nickles, it was RESOLVED that authorization be and hereby is granted to Lieutenant Winter of the Southold Town Police Department to arrange for the installation of three telephones at the following. Town Beaches: Southold Town Beach, Route 48, Arshamomaque, McCabes Beach, North Sea Drive, Southold, and the New Suffolk Beach at the terminus of First Street, New Suffolk. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Moved by Councilman Nickles, seconded by Councilman Drum, WHEREAS, a proposed Local Law No. 3 - 1981 was introduced at a meeting of this Board on the 26th day of May, 198t, and WHEREAS, a public hearing was held thereon by the Board on the 23rd day of June, 1981, at which time all interested persons were given an opportunity to'be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No. 3 - 1981 be enacted as follows: ^ Local Law to amend Chapter 32 of the Code in relation to enforcement of the provisions thereof. Be it enacted by the Town Board of the ~own of Southold as follows: Chapter 32 ,,f~h, C~Mc of the Town of Southold is hereby amended as follow~: 1. Secti~ms :~2~1[~: 32-22 and 32-39 are hereby repealed. II. I]y addin~ a n,,w :\r~iele thereto, to be Article IV to.read as follows:_.. ARTICLE IV ADMINISTRATION AND ENFORCEMENT ~32--t0 t']u fu~'eing Oft'[cer. §32-41 It shall be the duty of the ]Bay Constable and his deputies and assistants to administer and enforce the provisions of this Chapter. N~}tice of violation. \Vhcnevt~r the Bgy'COnStable has reasonable grounds to believe that ol~.rations regulated her.eby are being conducted [n violation of the provlsions of this chapter or not in eompliane~ w~th a permit issued pursuant to this chapter, he may notify the owner of the property, or lh~, owner's agent or the peFson perl'orm[ng such operations, to sus~ p~ mi all ~tmrations, and any sttch person shall forthwit]~ cease opera- 25~ JUNE 23, 1981 ~32-42 ~uch notice shall be i.n writing, shall specify the violation and shall. stato thc conditions which must be complied with and the time within which compliance must be completed before opts'rations may be resttmed. Such notice shall also inform the pets'on to whom it is directed of his right to apply for a hearing before the Board of Trustees of the Town of Soutbold, as hereinafter provided. Suci~ n.tice shall be served upon the person to ~vhom it is directed bv deliv,.ring it to him personally or by posting the same in a eon- .~p:cuous place on the premises where operations are being conducted and mailin~ a copy thereof to such, person by certified mail to his l:,:;t l.:nowil address ..... D. ~ .~,- l~ay Constable may extend the time of compliance specified in th,. nt~tic{. ~)t' violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. In tin. ew~nt that the person upon whom a notice of violation has been served shall fail to comply ~'vith said notice within the time specified th,.re,n m- within the time specified in any extension of time issued bv lht: Bay Constable. any permit issued to such person pursuant to this chapter shall be deemed revoked. lh.aring on violation. 13. Co ..\ny person affected by a notice Of violation issued pursuant to the prccc, ding section hereof may request and shall be granted a hearing before the Board of Trustees, provided that such person shall file a written request therefor with the Town Clerk within ten (I0) days al't~2r s,rvice of the notice of violation. Such request shall have annexed thereto a copy of the notice of ~riolation upon which a hearing is m.~quested and shall set forth the reasons why such notice of vio- lation should be modified or rescinded. The Town Clerk shall present such request~lo the Board o.f Trustees at its nt~>:t regular meeting. The Board of Trustees shall set a time and place for such hearing and shall give the person requesting the same at 1east five (5) days' notice of- the time knd plae9 thereof. :\t such hearing, the person requesting the.same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or reseihded. After such hearing, the Board of Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons t h{.'refor. The notice of violation for which a hearing is requested shall continue in effect pending the he sting and determination of the Board of Trustees. ,532-43 Penalties for offenses. For every offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of the Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a wr'itten order or notice of the Bay Constable shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars ($250. 00) or imprisonment for a period not to exceed six months, or both such fine and imprison- ment. Each day,s continued offense shall constitute a separate, additional violation. JUNE 23, 1981 251 In addition to the above-provided penalties, the Town may also maintain an action or proceeding in a court of competent jurisdiction to c'~mH~el compliance with or to restrain by injunction the violation of this chapter. Section III. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Councml...an Zurphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 6:20 P.M. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilmaa Drum, Supervisor Pell. This resolutionms declared duly adopted2 ~I~i~tl~ T. Terry Town Clerk