HomeMy WebLinkAboutTB-08/24/1982 243
SOUTHOLD TOWN BOARD
AUGUST 24, 1982
WORK SESSION
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8: 30 A.M. - The Board met with Chief H. Daniel .VI*int*ers- and discussed
the necessity for hiring 'two neW police officers . Supervisor Pell
was authorized to call for the police officer -civil.-service list .-.-
Chief 'linters advised the Board that the Water at* pbli'ce' headquarters
has been condemned and h.e has rented a water cooler and purchased
spring water for use until a determination has been made relati-ve
to placing a filter on th.e water system. ---Ch.ief Winters 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 1981 as- a result of selective enforcement for
drunk driving charges-.
9 :00 A .M. Dr'.' Sybil' 'Yi'zzi b'f Pan' Tech' Man'a;gennent' Corp. met with
the Town Board to discuss th.e 7th , 8th and 9th Street rehabilitation
project 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 five eligible applications which will use the $32 ,000
(in deferred loans-) in -th-e budget . The 7th., 8th and 9th. Street road
improvement money, $10 ;000., has been cleared and is ready- to begin.
Councilman Townsend asked that the problems between the Town and 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. -_ Mr.;.' Lyle' Meredith met with th.e Board to discuss his
report on..the possible solutions to the roof' problem at the Senior/
Youth Center. Mr. Meredith ' s- report dated July 19 , 1982, on file
in the Town Clerk ' s Office, outlines the four possible ways to get
anything from a reasonably tight roof to one that should expect to
be guaranteed leak proof. Mr. Meredith ivas asked to check with
Arthur Johnson for the cost of annual maintenance of the existing
_ roof, and to ask Mr. Johnson to check with an engineer to determine
whether the present roof would support a wood roof load. --
11 :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 of 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 North Fork' Peace G'roun
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 overwhelming endorsed a freeze on nuclear weapons;
statutory authority for the Town Board to enact regulations and
ordinances to promote the h.ealth, safety, moral and general welfare
of the people 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 such_ a resolution was
lost and would not be placed on the agenda.- -Dr. Shearin told the
Board there was no choice but to establish. a verifiable freeze while
there is a possibility 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 reconvened, and Board continued reviewing
the agenda.
2 :00 P.M. - Mr. Charles S.' Hope , President 'of' Solwin Ihdust'ri'es , _.._
Ltd, met with the Board to discuss th-e possibility of utilizing
between ten and twenty acres at the Landfill site for an electricity
generating wind farm. Such an electric generating farm would provide
low cost electricity- to other industries wishing to relocate in the
area, as well as to the photovoltaic plant Solwin Industries liar.
under consideration. Mr. Hope said his firm is willin-v to invest
over a million dollars ,to construct about 40 wind mills , solar panels ,
and wells to collect methane gas . The collection of methane gas
interested Councilman Murdock who stated this might be the 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 possibility 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 oblication 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, August 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, III
Councilman John J. Nickles
Councilman Lawrence Murdock
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond IV. 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 Southold Town Board
will be held at 7 :30 P .M . , Tuesday , September 7, 1982 at the
Southold Town Hall , Main Road, Southold, New York.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
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 Department ' 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 Lyle 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 review 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 Cablevis'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 that would be interested in 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 present 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?
COUNCILMAN TOWNSEND: Nothing, I just had a wonderful vacation-:
for the last two weeks in Oregon: There weren' t too many councilmatic
activities other than admiring all the parks in Oregon. They 've got
a state park. every mile along Route 101 which. goes several hundred
miles . If we only h.ad half of that out here we ' d be in pretty good
shape. That ' s- all.
SUPERVISOR PELL : Councilman Murdock?
COUNCILMAN MURDOCK: 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 'Fishers Island
we had a lifeguard problem and had to close 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 otherwise we ' re going to
have to 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?
245 AUGUST 24, 1982
JUSTICE EDWARDS : Nothing, just that it was a pleasure to have you
people on Fishers- Island.
SUPERVISOR 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 Arthur Siemerlin'g 'f'or Olga
Lee , .Inlet Way , Southold, Tidal Wetlands Permit to construct a 16 ft.
by 32 ft. swimming pool 25 '' lin . ft . landward of the tidal wetland
boundary. A variance is requested from the 75 ft . setback pursuant
to the Tidal Wetlands- Land Use Regulations. Project is located at
the corner of Inlet 'Tay 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.
III . COMMUNICATIONS
SUPERVISOR PELL: 1. Thank ,you to the .Town Board through Larry
Murdock from the Southold Town Youth Proj'ect'i'on for- their walk-a-
thon. It seems that the Town Board gave the 'first' prze to the
youth, as individuals. We all chipped in a few dollars and made
the first prize for somebody .
2. Complainnt' about Cablevision by George R. Young and the
complaint was sent to Albany , New York. We sent several of them
up there and we ' re working on the problems with Cablevision.
3. From George Gl'ew who would like the Town to consider
using the police radio operators up there as a central dispatch
for ambulance , fire houses in your Township . This is something
that will be referred to the police chief to review.
4. Award received by the Town from the -Automobile. Club' of.
New York for having completed the year 1981 with no' fatal accidents
in the Town of Southold. So far this year. we are going .into our
second year. If you look at the list here , some of ' these towns
have gone nine years , eight years , we' re on one year. Southampton
has 36 years without a fatal pedestrian accident . Shelter Island
has 16 . They invite somebody- from the Town to come to a. dinner
put on by the AAA Club of New York State.
5. Thank you from the Southold Soccer Club 'for the contribution
the Town makes for their youth activities .
6 . Letter from Solwin Industries President Charles.-.Hope who
was here during the Working Session of the Board to discuss the
ideas that they have, and would like to see up at the Landfill
about generating 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 Eleanor 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 to investigate and see what recommenda-
tions he would like to make.
9. Letter from Theodore James , Jr . , 'Indian Neck Lane about
traffic speeding up and *down the road. Again it has a petition
of probably 20 names on it. Again this will be referred to the
P.D. for determination, if we should ask the State to lower it .
10. & 11. Letters from the Suffolk County Department 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 they
thought of the idea.
12. Letter from Peconic Ambulance Service , Inc. 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' Island Affirmative' A'cti'on' Programs , Inc.
stating the Town has no affirmative action cases pending against
it at this time. Note I said"at this time. "
AUGUST 24, 1982 : 246
V. RESOLUTIONS ` F,
SUPERVISOR PELL: Number 1 we are going to hold 'at this time , we
are not ready to move, we have some sections we could.-not answer
today . (Agreement between the Town and Ho'lzmacher, McLendon and
MurrellyP. 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' Communi'catiions for
the telephone equipment in Town Hall. )
3. Moved by Councilman Murdock, seconded by Justice Edwards., 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. effect on th.e'..enyironment .
Description of Action : Application of Paul Bi'rman for a Wetland
Permit to resheath in-kind approximately 40 ft . of bulkhead directly
in ront of 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 indicated
that no significant adverse effect to the environment are likely to
occur should the project 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
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
4. 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 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:s8i'gn'ifT.cant _ef feet . 6h -th'e enyi'rohirient . .
Description of Action -" 'Application of Costello Marine Contracting
Corp. on behalf' o'f Anthony Prisco for a Wetland Permit to resheath
in-kind approximately 90 ft, of timber bulkhead directly in front
of existing bulkhead and fill the space between with clean , trucked-
in sand, at- Suns-et- Way, on Canoe Inlet off Cedar Beach. Creek, Southold,
New York .
Vote of the Town Board: Ayes.: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
5 . Moved by Justice Edwards , seconded by Councilman Murdock., it was
RESOLVED that Supervisor William R. Pell, III be--and.-h.e- h.ereby ._
is authorized. and directed to enter into..a main'te'nan'ce. 'agre'etnent
with Mavdav Coininunications for the 'communications' equipment at . the
Southold Town Police' Headquarters- for the period September 1, 1982
through August 31 , 1983 at a cost of $1,286 .00 .
Vote of the Town Board: , Ayes-: Justice Edwards ,_ Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was- declared duly ADOPTED.
SUPERVISOR PELL: ' Number 6 we 'do not have tb act upon. at all so it
will be crossed off your agenda. (Modification of zone designation
of the flood having 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 to wait on 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
8. 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 conjunction with the Grant
Administrator and the Board of Southold Town Trustees, and hereby
authorizes Supervisor William R. Pell , III to apply to the Suffolk
County Civil Service Department for the current Clerk-Typist list.
COUNCILMAN NICKLES : Discussion. I apologize, I wasn 't here when
you discussed this , but you definitely feel 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 to six weeks to get the list and we ' ll evaluate it then.
COUNCILMAN NICKLES : Because I 'm not convinced that---
SUPERVISOR PELL: By then you still have got time.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
9 . . 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
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
10. Moved by Councilman Murdock, seconded by Supervisor Pell, it was
RESOLVED that the Town Board of the Town of Southold hereby approves
the reduction of the bond on subdivision known as Bayview -F:,rms: at
Orient , owned by Peter Blank, from $140 ,000 . 00 to $25,000. 00 to
cover the cost of 'planting trees , as recommended by the Southold
Town Planning Board, Superintendent of Highways Dean , and Planning
Board Inspector Davis.
TOWN ATTORNEY TASKER: All this Board does is approve of the Planning
Board' s reduction. You don ' t reduce it. Th.e Planning Board has (to
hold a hearing on it , and I think they should be advised .of that .
Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
SUPERVISOR 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 to address the Board from the floor?
MRS . MARGARET L. CONWAY, Southold: I ' d like to submit a petition 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.
SUPERVISOR 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 Pell, seconded by Councilman Nickles , it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment was called at 3':22 P.M.
Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
Judith T. Terr
Southold Town7srk
AUGUST 24, 1982 248
WORK SESSION
3: 30 P.M. - Th.e Board met with: Youth Coordinator' Jaines'.McMahon to
discuss the .possibi.li.t.y . of his assuming the additional' duties of
part-time grants-man for' the Town. . Mr. McMahon duties as Youth
Coordinator have been reduced somewhat by the appointment o.f Police
Officer Edward Sidor as Juvenile Officer.--Mr. McMahon felt he
could combine both. jobs:. Supervisor Pell will check with civil
service as to the status of such. a position.
3 :45 P.M. Several members of the Moratorium Committee met with
the Board; Frank Bear was spokesman. The Committee presented a
prepared agenda (;on file with the Town Clerk) outling the issues
to be answered before South.old Town can allow further large-scale
development economics, population density , farming, water and
waste . Town Attorney Task.er told the Committee that a moratorium
on development 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 Committee
is mainly concerned with a moratorium on the filing of new sub-
division maps. The Committee asked the Town Board to search for
a way to declare a legal moratorium.---Supervisor Pell will 'invit-e
East Hampton Supervisor Mary 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.
York Session adjourned at 5 : 00 P.M.
Judith T. !�er`rySouthold Tn Cl