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HomeMy WebLinkAboutTB-02/09/1982sOUTHOLD TOWN BOARD FEBRUARY 9, 1982 FEBRUARY 8, 1982 - WORK SESSION- 3:00 P.M. Present: Supervisor Pell, Justice Edwards, Councilmen Townsend, Murphy, Murdock, Nickles. Town Clerk Terry, TOwn Attorney TaSker, Highway Superintendent Dean. Topic Of discussion - proposedResolution No. 7 :on February 9th regular meeting agenda concerning a proposal that Robins Island be acquired by the County of Suffolk as a limited access nature~ pr eserve. 'Councilman Nicktes advised the members present that since the last Town Board meeting on January t9th he had the Town Clerk copy all of the material allUded to au that meeting, i.e.-Town Board minutes over the past two years, correspondence, estuarine sanctuary data, and hopes' the Ju~tice Edwards and'~.Councilman Townsend have had ample time'to study it.-LJustid~i-~WEdwa~rds said · he had read over the material 'and spoken tO invidu~ls DIl opposition to the Save Robins Island. Committee's proposal, and now ~has a board~-~ knowledge. Of the project thY°Ired.--CoUncilman MUrphy ~aid he will sponsor ~he resolution at the regular meeting.--Supervi'~or ~elt invited the following individuals to address the Board:-- Harold Cart, Superintendent of.the New Suffolk School District spoke for the district and himself stating that the purchase of Robins Island by the County of Suffolk would cause a substantial increase in New Suffolk School District taxes. Furthermore, Mr. Carr~stated that maintenance of the Island has been highly under- estimated. Mr. Carr feels the matter should come before the voters in the form of a referendum.--Councilman Murdock asked how much New Suffolk pays to the Southold School District and Mr. C~rr replied approximately $2800.00 per student; there are about 40 students. Robert Pike, attorney for the Save Robins Island Committee, stressed that the proposed acquisition does not involve Town tax money. He said the resolution proposed is no different than the one which the Town adopted previously. Douglas Shawaddressed the Board concerning the financial impact of acquisition by the County. He estimates that the cost to.the average counmy homeowner would~be $2.52 based on a $2,000.000.0~0 purchase price, and $2.68 if the pr±~e were $7,000,000.00. He estimates that there would be~ a I5½% increase in the New Suffolk School District taxes which he finds is one o~ the lowest taxed districts in Southold Town. Henry A. Berger, Deputy Commissioner, Suffolk County Department of Parks,-Recreation and Conservation appeared before the Board to restate County ExecutiVe Cohalan's positio~ favorin~ the acquisition of Robins Island and preservation in its natural state as a County Nature Preserve.--Councilman Murdock asked why there is no property in the County Nature Preserve?--Mr. Berger said no one in the~County has ever taken the initiative of making legislation to take the necessary action.--CoUncilman Nickles asked Mr. Berger why Peconic Dunes is no to~ger going to be operated by the County?~-Mr. Berger stated that Peconic Dunes has always cost the County money and they are now proposing to go out FEBRUARY 9, 1982 -35 tO bid for its operation. He said they are not p~opos~ng, tO operate Robins Island, .alth~.h~hey ~o.utd if the Town so desired. They just propose'to condemn it, purchase it and work out an agree- ment with the Town of Southold for management of it, which he does noz feel will cost a lot of money.--Councilman Townsend asked about the historical buildings on the Island, could they be dedicated to the County's historic trust?--Mr. Berger Said the County would be willing to negotiate that prior to condemnation. Robert Pike, in reply to,the question of why money is not in the County capital Budget, replied that the County won't put it there until the proposed home rule resolution of the Town Board is adopted. M~ke Laspia, Manager of Nashomack Preserve, Shelter ISland said the acquisition of Mashomack by Nature Conservancy received fantastic public approval. There was a 7% tax increase to the taxpayers on Shelter Island, but they were not permitted to enter on this property which had been private and was now open to the public. About 5,000 people a~.year visit the 2,000 acre preserve, with the majority visit- ing the front portion and bona-fide researchers going into the far reaches of the property. He feels Shelter Island benefited financially from the acquisition of Mashomack by Nature Conservancy. His base annual operating budget is $55,000.00 for the site. This year it was $138,000.00 because of building repair and building a parking 10t. They are planning to institute a small user fee of 50~ to $1.00.--Councilman Murd0ck asked about vandalism or fire.--Mr. Laspia said 'the threat of vandalism is minor. For fire protection he purchased a used fire truck from the Shelter Island Fire District. He has a speedboat which he uses in the summertime and a 4-wheel drive vehicle. Martha J. Paul was asked by Councilman Nicklesthe total amount of funds they have committedkfrom various foundations and individuals toward the purchase of Robins Island. Mrs. Paul replied that they didn't try to raise funds. Until they enter into an option agree- ment with the owners and know the amount to be raised, they could not approach the various foundations. The Save Robins Island Committee wrote to the owners offering to purchase the Island, but has not received a reply. She is under the distinct impression that Robins Island is not for sale, particularly to the S.R.I.C.-- Councilman Nickles said that from what he was told about the letter, it was couched in such terms as to elicit such a response. Scott Sutctiffe, Director of The Nature Conservancy, Long Island Chapter, said he has worked closely with the S.R.I.C. and there is a tremendous amount of wildlife on the Island. In his opinion it can be managed for people and for wildlife. Councilman Nickles stated that the Town Board should stand on its last resolution, preservation through private funding. He is not satisfied with County acquisition. He is not fully satisfied all avenues have been exhausted by the S.R.I.C. for acquiring funding. Terry SChreiner, Manager of the Morton National Wildlife Refuge, Jessup Neck said approximately 22,000 people visited the 187 acre refuse last year. These visitors posed no threat to the wildlife since barriers were erected in the critical areas~ W. S. Gardiner, Cutchogue, stated that he favors preservation and would pledge $500.00 toward the purchase of Robins Island with private funds. He opposes County acquisition whick he doubts will actually happen. He thinks the Island will be ultimately sold for $10,000,000.00 and doubts countywide taxpayers will want to expend those funds. Frank Bear, SOuthold, briefly stated the urgency of adopting the proposed resolution so the matter can be put bAfore the county and negotiated. He strongly favors local control~ Virginia Moore, Southold, thanked the Board for their forward looking approach. 5:00 P.M. - Sybil Mizzi, Paul Fink and Ernest Pontez of Pan Tech ManagemenE met with the Board to discuss the Housing Rehabilitation ~rog~am, 7th, 8th ~nd 9th S~reet neighborhood - $40,000.00 Community 36 FEBRUARY 9, 1982 Development Funds budget.--Mrs~ Mizzi announced to the Board that the Town will receive $239,000.00 u~der the Year VIII Commun~t~ Development Program. As part of-the process-they would like to set a public hearing within the next sixt weeks to get pUblic input. ~ Supervisor Pell set 7:30 P.M;, Tuesday,. March's9, t982 f~r this hearing~ The Town Board meeting will start au 7:45 that evening. With reference to the Housing Rehabilitation~ Program, the Town Board made the on the 1980 income levels. · (2) Only property owners would be eligib'le for loans-. (3) The types of financial assistance year deferred loans in the amount of $5,000.00. (b) guaranteed loans. The Board:will not approve grants,. The will be no special provision for handicap, projects, and federal government minimum standards will be adhered to as far as housing quality standards. 0 Work session adjourned at 6:0 P.M~ WORK SESSION - FEBRUARY 9~ 1982 9:00 A.M. - The Board audited the outstanding bills for January. 9:45 A.M. - Met with Chief Winters to discuss the police 6.ar bids. Supervisor Petl reco~.,ended purchasing six cars this year and only five next year. The Councilmen agreed.--Chief Winters discussed cases recently solved by the Detective Squad.--The Board decided to go to bid for tI5HP outboard motors and 150HP outboard motors for the Privateer and made a decision after the bids ~re opened.-- Justice Edwards discussed the communications system o~ the constables on Fishers Island with Chief Winters. Chief Winters has an extra radio that he can spare for.use on Fishers .Island. 10:15 A.M. - The Board began reviewing.the agenda. When Communication III,4 was discussed, proposal~ by Henry~Raynor, Chairman of the Planning Board, to update the Master Pliant, $:hirley B.achrach of the League of Women Voters and Ruth Oliva Fork Environmental Council voiced their support of Mr. Raynor's proposal.i Discussion concerning the bids for gasoline a~ dj'es:el fu~l. The Board considered discarding the bids and rebidding. Co~hCilman Murphy said he will talk to Northville Industries to find out whether they will sell to some of the local ~mall dealers and perhaps go to bid on.that basis. Application of E. M. Kontok6Sta for Jem Realty Co. for a soil removal permit w~s discussed. Board is unwilling to waive the provisions asked for by Mr. Kontokosta. Set a hearing fore,arch 9th~at 3~00 P.M. Recess for lunch at 12:t0 P.M. Work session reconvened at 1:45 P.M. Board resumed reviewing the agenda. 2:30 P.M. Trustee's P~ul Stoutenburgh, President, and Frank Kujawski met with the Board to discuss their reques:t'~O attend the Association of Towns in New York City on February 14, 15, 16 and ~7. ~hey have~ found several items on the agenda of interest to them and: ~ince the~ are interested in expanding their knowledge so they can ~bet'ter hand~ the problems of the Town waters, they~feel these s~minars will be benefit to them.~.. When questioned by Councilmen Nickles and ~U~r_~ock at~ending the Association of Towns is used. A resolution will be on the regular meeting agenda permitting them to go. · Highway Superintendent Dean advised the Board that he is running ou~ of fill at the Disposal Area.. He advises purchase of additional land. Mr. Dean was asked to come back to the Board with a recommenda- tion on which parcel of property would be best suited for his needs. FEBRUARY 9, 1982 Work session adjourned at .3:20.~.~. ~ * * * 3? REGULAR MEETING A regular meeting of the Southold Town Board was held at 7:30 P.M., Tuesday, February 9, 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. NickIes Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVEDthat the following audited bills be and hereby are approved for payment: General Fund W~ole Town bills in the amount of' $43,354.05; General Fund Part Town bills in the amount of $16,326.33; Highway Department bills in the amount of $10,593.01; Fishers Island Ferry District bills in the amounz of $20,822.54; Fishers Island Capital Project bills in the amount of $2700.00; Federal Revenue Sharing bills in the amount of $1,186,00; Delinquency Diversion and Prevention Program bills in the amount of $360.61. Vote of the Town Board: Ayes: Justice Edwards., Councilman Townsend, Councilman Murphy, Councilman Murdock, Coucilman Nicktes, Supervisor Pell. This resolution was declared duty ADOPTED. On motion of Councilman Nicktes, seconded by Councilman Murphy, it was RESOLVED that the minutes of the regular meezing of the Southold Town Board held on January 19, 1982, and the minutes of the special meeting of the Southold Town Board held on February 2, 1982 be and herebyare approved. Vo~e of the Town Board: Ayes: Justice Edwards, Councilman Townsend; Councilman Murphy, Councilman Murdock Councilman Nigkles, Supervisor pell. ' This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board wilI' be held at 3:00 P.M., Tuesday, February 23, 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. REPORTS SUPERVISOR PELL: These reports are placed on file with {he Town 'Clerk if anybody wishes to review them they can do so at the Town Clerk's Office. 1. Building Department's annual (1981) report. I would comment on that. There were 111 new homes constructed 1981. 26 more than in the year 1980. The total estimated construction cos~ of all buildings in Southold Town for 198t was $8,977~745.00-- new construction permits given out by our Building Department last 2. SuperVisor's annual (1981) report. 3. Supervisor's monthly (January 1982) report. 4. Town Clerk's monthly (January-1982) report. 38-r FEBRUARY 9, 1982 5: TOwn Trustee's monthly (January 1982) report. 6. Highway Department's monthly (January 198'2) report~ 7. Fishers Island Ferry District's monthly (January:X982) report. 8. Building Department!s monthly (January 1982)report. 9~ Board of AsSessor's monthly (January 1982) report: lOG Police Department's monthly (January 1982) report~ . All these reports are placed on file with the Town Clerk and can be reviewed in. detail at her office. I1. -Councilmen's reports. Any Councilman wish to report? Mr. Townsend. COUNCILMAN TOWNSEND: AllI have to report is. ~ am a new Counc ilman~ On the Board and I find myself on the i{ighway Committee So I got ex~ensive and graci0us tour by Ray Dean o.f the facilities of the Highway Department and was most impressed at the way the department is run. SUPERVISOR FELL: Councilman Nurdock, anything? (Not at this time, thank your Bill.) Councilman Nickles? (Not now.) Councdtman Murphy? (No.)Justice Edwards? The Supervisor would like to comment and make an appointment at this, time. Councilman Townsend will serve on the Building, Zoning, Planning and Code Enforcement Town Board Committee for 1982. He will serve with Councilman Murdock who chairs that committee. Also, one other thing I would like to bring up and just follow~ through with what Joe said, in the last snow storms we have had out here, many people come in the'Town Hall saying they visited the west end of Long Island, other townships and when they got back to Southold Town our roads, our secondary roads, our Town roads~ were i~ the bes~ shape of any in the County. Mr. Townsend brought out a very good point. We have a dedicated highway record of'keeping the roads ~oes a fantastic job. Tf you read the press When it comes will find out Police Department again has been doing a picked up a couple of drug arrests the other The was picked up last night. Our police force is working. Squad deserves a lot of credit for their dedication and .I commend our Chief Winters enough. II. PUBLIC NOTICES COUNCILMAN MURPHY: t. Application of Neil Simon, 5 Lucille Lane, Old Bethpage for a timber bulkhead and backfill, Shelter Island Sound, Town of Southotd, Suffolk County--Corps of Army Engineers notice. Any criticisms or protests should be prepared in writing and~ mailed to the Corps of Engineers prior to 26 February 1982. The_application is at.Dug Lagoon, off SouthoId Bay, Shelter Island Sound and it concerns approximately 475 yards of clean fill will be used in the backfilling of this:bulkhead. All of these public notices are posted on the Town Clerk's Bulletin Board. 2~ Application of Walter Silbernagel of 164 N. Nurray Avenue, Ridgewood, New Jersey to the Corps of Engineers for a catwalk, ramp and float on Br0adwater Cove, Gr~at Peconic Bay, Town of Southold. Any criticisms or protests in writing to the Corps of Engineers prior to 28 February 1982. This is for a mooring of a private boat in Broadwater Cove. Again, this is posted. 3~ Application of William LaMorte, North Bayview Road, Southold to the Corps of Engineers for digging upland disposal and ten year maintenance on the waterway of Shelter Island Sound, ~t Southold Bay, Jockey Creek, Bayview Road, Southold. AnY criticisms ! il or comments on this by 2 March of 1982 sent to the Corps Of Engineer~, This is in Jockey Creek. 4. Application of Strong~s kYarine Center, 5~in Road, Mattituck to the Corps of Engineers to maintenance dredge and bulkhead~with backfill in James Creek, Grea~ Peconic Bay, Southold Town. Criticisms or protests by 2 March 1982 to the Corps of Engineers. They're dredging approximately 350 cubic yards of material. Again, this is posted in the Town Clerk's Office. 5. Application of Wunneweta Lagoon Association, c/o.George Burrell, Nkssau Point Road, CUtchogu~ for dredging with beaah nourishmen~ and ten year maintenance, Great~Peconic Bay, Wunnewe~ Lagoon, Nassau Point, Cutchogue. Comments to the Corps of Engineers by .March 2nd. This Lagoon is proposed to be dredged to a depth of four feet below the mean low wa~er. Again, this is posted on the [erin Board'. FEBRUARY 9, 1982 39 6. Notice of~a Comple~i~io~tiQn~.of.Anna Zan'ghetti by Mar~o Zanbhett~, Fishers Island~ Comments no later than February 24th to the New York State D.E.C. in Stony Brook. SUPERVISOR PELL: Thank you very much. As Councilman-Murphy said these are on file with the Town Clerk if anyone cares to review them, III . COMMUNICATIONS SUPERVISOR PELL: The following communications have'come in. 1. Resource Recovery Report that is put out. The Town will be applying for it to keep us up to date on what is going on around the country. 2. United States Department of the Interior letter and contains information on the coastal barrier. There is a piece of land on Fishers Island that will be*in this. Justice Edwards will go over it. Comments are due by March 15th. He will report back to the Board on the 23rd on anythihg he wishes to say. 3. Letter from New Suffolk School Board of Trustees signed by Mr. Andrew E. Goodale and Mel Baris'ic in reference to Robins Island. 4. Letter from Henry Raynor, Chairman of the Planning Board. He has sent a two page letter to the Town Board. Basically he recommends that the Town set money aside for the study of updating and putting into effec~ a Southold Town Master Plan and he ask for a Councilman to serve on the committee to help with this project. As I said, there is a request for money to do this. The Board has not ruled on it at this time. 5. Letter from the Mattituck-Cutchogue School District thank- ing the Town Board and ali concerned in the way the tax money was given out to them this year and also under a new state law it says any interest earned by the Town on their money should be returned to the school district. 6. Request from the Baymen's Association, Southold Town, in reference to a development that might take place in Arshamomaque area opposite Southold Town Beach. 7. Letter from the Southold Town Board of Trustees recommending that a $3.00 family resident non-commercial permit be established for the residents of Southold Town to dig clams. It will be put back on the agenda in March, the Board wants to review it and take time to study all aspects of it. 8. -An invitation from the Suffolk County School Executives Association to sit down and work out with them the cash flow of tax money due the school districts. I guess I will have to go to this meeting in the near future when it is called. We do collect the money for the schools and distribute it to the schools, approx.~ imately $1t,000,000.00 we distribute throughout the Town. 9. Letter from Fishers Island School District, Superintendent Haase, again saying as Mattituck did, if any interest earned under the new state law that was just passed, belongs to their school district and we will receive a few more of these I think in the near future. 10. Letter from the Zoning Board of Appeals asking the Board to consider giving them a private office somewhere in Town Hall for their staff to-work in. NOw they share an office with the Building Department. It will be taken under advisement. IV. HEARINGS SUPERVISOR PELL: There are no hearings tonight so we move along to resolutions. V. RESOLUTIONS MOved by Councilman Murdock, seconded by Justice Edwards, WHEREAS, Enconsuttants, Inc. on behalf of Strong's Marine Center applied to the Southold Town Board for a permit under the provisions. of the Wetland Ordinance of the Town of Southoid~ application da~ed October 27, 1981, and WHEREAS, said application was referred to the Southold~ Town Trustees and SouthoId Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board~with respect to said ~pplication on the_i9th day of January, 1982, at which time all FEBRUARY 9~ 1982 interested persons were given-an opportunity to be~heard, now, there- fore, be it RESOLVED that Enconsul:tants; Inc-, on behalf of Stro'ng"s Marine center be and hereby is granted permission under the provisions 9f the Wet~and Ordinance Of th'e ~own~f' SoUthold to construct a,~90. section of bulk~ad in tine wi'th and connected to partiaily~completed existing bulkhead and backfill with approximately 40 cubic ~ards of clean fill to be truckedin from upland source. This bul.khead will be in inner portion of marina. Construct a maximum.-of 80~ ft. of timber bulkhead ~o connect ~o .existing bulkhead at outer portion of marina to control scou~ing o£ backfill from existing bulkhead. Property located on james Creek~ off Camp Mineol~ Road, Mattituck, New York ' ' ' wnsen Vote of the Town Board: Ayes:- Justice Edwards, Councilman To Councilman Murphy, Councilman~ Murdock; CounCilman Nickles, Supervis~ Pell. This resolution was declared duly ADOPTED. 2. Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, Enconsultants, Inc. On behalf of Sal McCarthy applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated November 4, 198t, and WHEREAS,_said application was referred to the Southold Town TruStees and SOuthold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on ~he I9th day of January 1982, a~ which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on behalf of' Sa~l~ McCarthy!be and hereby is granted permission under the~prbviSiOn~?O'f t~e Wetland Ordinknce ~f the Town of SouthOld tO'c0nst~Ct~48~ ft. by' ~ ft. fiXed elevated (3 ft. above grade) c~tWalk-iii~t~6'f~';' by 4 ft. hinged ramp and 6 ft. by 40 ft. floating dock secured bY 2 pile's at 40'Fox Hollow Road, on Mattituck Creek; Mattituck,.New York'. Vote of~ the Town Board: Ayes:- Justice EdW~rdS;~ Counci~tmani T~wasen~--~ · This resolution was declared duly ADOPTED. 3. -Moved by JusticeEdwards, seconded by Councilman Murphy, WHEREAS, Stephen Shilowitz, by app!ication dated October 2~, 1981 petitioned the TOwn Board of the Town of'iS6uthotd for a change of zone on certain property situated at Greenport, ~ew York, from "C" Light Industrial District to "M" Light Multiple Residence District, and WHEREAS, the said petition was referred to the Southold Town Plan~ing Board and the Suffolk County Department of Planning for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 5th day of January; 1982, at 8:00 at which time all,interested Persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Stephen Shilowitz be and hereby is granted the relief demanded in said petition on the following described plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York: BEGINNING at a point on the ordinary high wa~er mark of Pipes Cove distant on a course North 46 degrees 30 minutes 00 seconds West 355.53 feet to the southwesterly corner of land now or formerly of'Harvey (said point being the~soUtherly point of upland conveyed by the J & J W. Etsworth Company Franklin C. Ashby by a deed dated 1/3/56, recorded 1/9/56 in Suffolk County Clerk's Office in Liber 4051 cp. 255); running thence along land of "community Beach" North 47 degrees 13 minute~ 20 seconds East 130.38 feet to land now or formerly of Braun; thence along said last mentioned land South 82 degrees 41 minutes 20 seconds East to a point marking the northwester:l~ corner, of lands of Village of Greenport; thence along the wester y line of lands of Village of Greenpo~t, South 6 degrees 58 ~inutes 35 seconds West 176.72 feet to a point at the southwesterI~ corner of the lands of Village of Greenport; thence along the southerly line: of lands of Village of Greenport, South 3Z degrees 35 minutes 40 seconds East 18~.59 feet to the northwesterly line of Ia~d now FEBRUARY 9, 1982 qr, formerly of Harvey; thence along the~northwesterly line of said !~n~ now or formerly of H~/~;~:;~,e~th?29~,~degrees 5 minutes 40 seconds West 0.39'~feet to ~h~ "~di~ary high water mark of PiPes Cove; thence along the ordinary high water mark of Pipes Cove in a general northwesterly direction to the point or place of BEGINNING, the last course being described by a ti~ on'ly las' North 46 degrees 30 minutes O0 seconds West 355.53 feet to the point or place of' BEGINNING. Shown on Suffolk County Tax Map No. 1001-007- 1-16 & 1000-049-1-2.O, 25 & p/o 19. Vote of the Town Board: -Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. Abstain: Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murphy, seconded by Supervisor PeI1, it was RESOLVED that S. upervisor William R. Pell, III be and he hereby is authorized and directed to execute an agreement between the Town of Southold and Compu-Pressure of New York, Inc. for the lease of one Vita-Stat gutomatic BloodLPressure Computer for a term of one year from the 1st day of February, 1982 through the 31st day of January, 1983, ~t the sum of $250.00 per month. Vote of the Town Board: Ayes: Justice Edwards-, Councilman Townsend, Councilman ~urphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. COUNCILMAN MURPHY: I'd like to ask John to make a comment on this at this time to the People, on the number of people that have used this in the Town Hall. It's a blood pressure machine right over here on the side and it's been doing a fantastic job. COUNCILMAN NICKLES: Well, we i~stalled this machine a year ago, February 1st, 1981 and last week we read the machine and we had 13,000 blood pressure screenings in one year. I don't know what that divides out to the cost of $3,000.00 or so for the year, but it's down to pennies and we hope that people are~ getting, use out of it and obviously after the first year it appears that certainly 13,000 screenings is a substantial number of blood pressure read- ings. You should all go over and have your blood pressure checked after the meeting. SUPERVISOR PELL: Number 5 and Number 6 the Board is going to table at this time. We are not ready to award the bid. It will be put back on the agenda for the next Town Board meeting on the 23rd. (Award bids for gasoline and diesel fuel for the calendar year 1982.) SUPERVISOR PELL: Number 7. JUSTICE EDWARDS: Mr. Supervisor, I WOuld like to put this Number 7 at the end of the agenda in order that we can ge~ the res~ of these done. Number 7 is going to be long and I'd like to make that suggestion. ('Number 7 - resolution concerning Robins Island.) SUPERVISOR PELL: Gentlemen of the Board, how do you feel? COUNCILMAN NICKLES: It's all right with me. It all depends whether you are going to allow public comment at this time or at the end of the meeting. SUPERVISOR PELL:' Lay it aside, do it at the end. Number 8. On motion of Justice EdwardS, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold register their objection with the Suffolk County Legislature to the adoption of Resolution ~127-82 calling for the amendment of the Suffolk County 1982 Capital Budget and Program for the expenditure of $50,000.00 for Project Nol 6414 - surveying~and mapping of lands underwater of Gardiners and:Peconic Bays. Vote of the Town Board: Ayes: Justice Edward, Councilman Townsend, Councilman Nurphy~ Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Townsend, seconded by Councilman Murdock, it wa~ RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6N-fCRR Part 617, section~6IT.IO and Chapter 44 of the Code of the Town of Southold, FEBRUARY 9, 1982 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 :the. environment. Description of Action: Application of EnconsultantS, Inc. for Matt-a-Mart ~rina for a wetland permit. ApproVal is re. Led for a 35 ft. by 5 ft. section of floating dock plus moorin extending from the southwest corner of property located off west side of Wickham Avenue at Mattituck Creek, Mattituck, 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 o3 Environmental Conservation, it is assued that there is no Objection nor comments by tha~ 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. 10. On motion of Councilman Nickles, seconded by Councilman Murphy, it was' RESOLVED that pursuant to Article 8 of the Environmental Conserva-- tion Law State Environmental Quality Review and. 6NYCRR Dart' 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 Pro~ect, which is unlisted, will not have a significant effect on the environment. Inc. on to maintenance dredge two contiguous rectangular areas 70 ft. by 20 ft. and 200 ft. by 20 ft. to a depth of 4 ft. below MLW.~App~oximately 350 cu. ~d.-~ill be removed and placed on adjacent upland where it will be prevented from reentering the waterway. Location-of prDperty: south of Camp Mineola Road, on James Creek, Mattituck, ~k~ew york. The project has been determined not to havea 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-NewYork State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that ~gency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared~duly ADOPTED. 11. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6NYCRRPart 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 2he project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Enconsultants, Inc. on behalf of Walter Silbernagel for a wetland permit to construct a timber dock, elevated~catwalk, hinge~ ramp and: fl0~ng dock secured by two pilings at Broadwaters Road, on Broadwaters :Cove, Nassau Point, Cutchogue, New York, The project has been de~ermined not to ha~e a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant ~dverse ef£ect 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 assued that there is no objection nor comments by thai ~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. FEBRUARY 9, 1982 1¸2, 14. 15.¸ On motion of CounCilman Mu ~ Edwards, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of,Southold requests the'enactment of Senate bil~ ~0. 5920, entitled, AN ACT in relai~on't~ authorizing't, he~igoverning b~'dy of the Town of SouthGld to make certain permanent appointments .for the position of police officer', and be it further ~ ESOLVED that it. is hereby declared that a necessity exists for ~he enactment of such legislation, and that the facts establishing such necessary are as follows: The Town of Southold does not have the power to enact such legislation by local law. V~te of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman ~urphy, Councilman Murdock, COuncilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests the enactment of Assembly bill No. 2388 entitled, "AN ACT in relation to authorizing the governing body of the Town of Southot~ to make certain permanent appointments for the position of pol-ice officer", and be it further RE~OLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Town of $outhold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. on motion of Councilman Townsend, seconded by Councilman Nurdock~ it wa~ RESOLVED that the Town Board~of the Town of Southold will hold a public hearin~ at the Southold Town Hall, Main Road, Southold, New York on the 23rd day of February, 1982 at '3:'30 P.M., at which time and place all interested persons will be given an opportunity to be heard upon the following matter: "A Local Law to amend the Housing Code of the Town of Southold (Chapter 52) in relation to Portable Kerosene Heaters", which reads as follows: LOCAL LAW NO. 1, 1982 A Local Law to amend the Housing Code of the Town of Southold (Chapter 52) in relation to Portable Kerosene Heaters. BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 52 of the Code of the Town of Southotd is hereby amended as follows: 1. By amending Section 52-53 (Heating) by adding thereto a new subdivision J, to read as follows: J. Approved Portable Kerosene Heaters. Notwith- standing any other provision of this Chapter, approved portable kerosene heaters, as defined in Article 7-A of the Real Property Law, are permitted provided that such heaters comply ~ with the provisions of such law. 2. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Nurdock, Councilman Nickles~ Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN MURDOCK: This Local Law that we're trying to establish has to do with the operation of the commonly known Kerosun Heaters. Probably every other person in the Town of Southold now uses a Kerosun Heater or some similar make to augment their heating bills and I would respectfully submit that as much commen~ as the public can put to this Board in relationship to'how they would like to see this issued addressed in the Town should be done and as many people as could come to this hearing to express their opinion I think would be a big help. On motion of Councilman Murphy, seconded by Justice Edwards, it~was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids fo~ the purchase of two (2) 1982 150HP outboard motors OR two (2) 1982 ll5HP outboard motors for the Privateer Police Boat, with trade-in of two (2) 1979 85HP Johnsoa outboard motors, as per specifications. Vote of the Town Board: ~yes: Justice Edwards, Councilman 44 FEBRUARY 9, 1982 Townsend, Councilman Murphy, Councilman. Murdock, Councilman Nickles, Supervisor Pell. This resolution wa.s declared duly ADOPTED. 17. 18. On motion of Councilman NiCkles, seconded by Councilman Murphy it was RESOLVED'that the Southold Town Board.declare itself leadl~gency in regard to the State Environmental Quality Review Act in~:~he matter of the application of Joseph Cavalier for a wetland permit on Certain property located at Mattituck Creek,~ Mattit~ck,i New York. Vote of'the Town Board: Ayes: Justice. Edwards, Councilman Townsend, Councilman Murphy, Councilman' Murd0ck, Councilman~ Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Justice EdWards, seconded by COuncilman Nickles, WHEREAS, BurtoH Potter Post #185, Greenport American Legion, Greenpo~, 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 that the Town Clerk be and she hereby is directed to issue a Bingo License to Burton Potter Post #185, Gree~port! American Legion, Greenport, New York. Vote of the Town Board: Ayes: Justice EdWards, CounCilman Townsend, Councilman Murphy, Councilman Murdock, Coun~ilman, Nickles, Supervisor Pell. Thisresolution w~s declared duly ADOPTED.;. On motion of Councilman Murdock~ S~conded by ( RESOLVED that the application of Zdzistaw Mikolajczyk, January 15, 1982, for permission to maintain a' Single f~mil~ trailer on his property located on the South Side of prTvate road, off east side Main Road, Mattituck, New yOrk; be ~d hereby isrenewed for a six (6) month period. Vote of the Town Board: Ayes: Justice Edwards, Council~n Towulsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Peil. This resolution was declared duly ADOPTED. , it wa.' 19. 20. On motion of Councilman Murphy, seconded~by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3:00 P.M~,~ Tuesday, March 9, 1982, Southold Town Hall, M~in Road, ~hold, New York as time and-place for hearing upon application of~E. M. Kontokosta, for Jem Realty Co. for a SOil Removal Permit on property located on the north side of Route 25, Greenport, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Mturphy, Councilman Murdock, Councilmanl Nickles,. Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Townsend, seconded hy Councilman Murdock, WHEREAS, the Town Board of the Town of Southoid bM resoIution dated October 6, 1981 advertised for bids for furnishing and' delivering luminaire type outdoor lighting fixtures to the Town of Southold, and WHEREAS bids for aforesaid lighting fixtures were received and opened on October 16, 1.981 from : Suffolk Lighting Supply, Inc. and Babylon Electrical Supply Co. Inc,, and WHEREAS, on March 22, 1977 the Southold ToWn Board adopted a resolution standardi for the Town of SouthOld by the ] E1 ompany streetlighting fixtures, now, be it RESOLVED that the bids of Suffolk Lighting Supply, Inc. an~ Babylon Electrical Supply Co., Inc. for furnishing and. del'~ver- - lng ~u~-~aire t'~-~ outdoor lighting fixtures t6 the-T~own~!~ ' SOuthotd be and hereby are re ected. Vote of the Town ! ~e EdwardS, Councilman Townsend', Councilman Murphy, Councilman Murdock, Councilm~n~' Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. FEBRUARY 9, 1982 45 21. 22. COUNCILMAN TOWNSEND: Bill, you might mention what standardization is and why this is necessary 5o reject the bids. SUPERVISOR PELL: Councilman Murphy this is your committee; go to it. ~ COUNCILMAN MURPHY: Okay, the reason behind this is back in 1977 former Supervisor and Councilman Jim Homan did a tremendous amount of research and the Town Board at that time dardize, that is, use one fixture for all the streetli Basically. making it'easy maintenance and purchasing replacements. This bid went out as~an or equal and the or equal wasn't up to the standards for the specifications that the Town Board felt after examining the different types of lights that it wasn't worthwhile to change the '~77 resolution and abandon the standardization. We felt we could do much better by being standardized. We feel that the light fixture is much better, mainly the construction of it, the sealing to keep the dust and birds out which has quite an effect on it and causes quite a loss of light, plus the life of the lamp. A lot of times when you standardize you take a chance of having bids come in that are exceptionally high. If they do come in that way the Board still has the right to reject and then go back to taking other companies light fixtures, where at the present time after examining the lights and talking to various people and factory reps we decided to stay with standardization in the Town that was established back in 1977. This why we're doing this. The next resolution is to go to bid again. On motion of Councilman Murphy, seconded by Councilman Nicktes, it was RESOLVED that the Town Board~of the Town of Southold hereby authorizes Holzmacher~ McLendon and Murrell, P.C. to prepare ~pecifications and authorizes the Town Clerk to advertise for bids for furnishing and delivering General Electric Company s-~etlighting fixtures to the Town of Southold. Vote of ~he Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. COUNCILMAN MURPHY: These specifications are prepared already~ We should be ready to go in the spring. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOL-VED that the Town Board of the Town of Southold appoint Albert Dawson, Fishers ISland, New York, as Assistant Inspector -under the Fire Prevention Code, effective February 10, 1982 through September 9, 1982. VoTe 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 Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southotd grants Frank J. McBride a renewal permit for location of a single family trailer for one farm laborer on his property located on the north side of Oregon. Road, Cutchogue, New York, for a six month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilm~n Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Councilman.Nickles, seconded by .Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town Trustees Paul Stoutenburgh and Frank Kujawski to Zttend~the annual meeting of the Association of ~o~ns to be hei'~ in New York City on February 14, 15; i~, 1?, 1982. Vote of the Town Board: Ayes: Justice Edwards~ Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor PelI. This resolution was declared duly ADOPTED. FEBRUARY 9, 1982 26. Moved by Councilman Townsend, seconded by Justice EdwardS,~it was RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6NYCRR ,P~rt 617, Section 617.10 and Chapter 44 of the C'ode of the Town of SOfithotd, notice is hereby given that the Southold Town Bo~ard, as lead agency for the action described below, has determined that the projec<, which is unlisted, will not have a significant effect on the environment. Description ~f ACtion: Application of ( wetland permit. Approval is requested float", 15 ft. by 3 ft. ramp, 20 ft. by 5. ft. catwalk and 4 mooring piles at property lOCated on Jockey Creek, of~ south side Jockey Creek Drive, Southold, New York. The project has been determined not to have a significiant effect on the environment for the following reasons: An environmentalassessment 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, CouncilmanMurphy, Councilman Murdock, Councilman Nickles, Supervisor Pelt. This resolution was declared duly ADOPTED~ Moved by Supervisor Pell, seconded by Councilman Nickles, WHEREAS, the present contract between the Town and-Civil Service Employees Association, Inc,, Suffolk Chapter, Southotd Town Unit the benefit of full-time employees in the amount, of $25.0~00 per year for each such employee in the manner provided in said Article XV, and WHEREAS, the said TruStees of said fund have increased the annual charges for participation in the benefits afforded by such fund, and WHEREAS, the members of the Southold Town Unit of the C~EA, at a meeting thereof held on January 26, 1982, agreed to e~ch contribute to said fund, an amount:which, when added to the aforesaid amount contributed by the Town, will equal the annual charges Of ~said fund~ which said employee contributions are to be made by payroll deductions, NO~, THEREFORE, IT IS RESOLVED 1~ That the Supervisor be and he hereby is authorized/ to deduct from the wages or salaries of employees whoiare participants in said fund, such amounts as such employees may specify in writing filed with the.Supervisor, for employee contributions to such fund. 2. That, subject to employee written authorization, such payroll deductions shall be made in the following manner, to wit: (a) That payrolt deductions will be made on each payroll for each covered employee prior to July 1, 1982, in such amount as Will total $75.00 to cover the additional sums due said fund for the Period from January 1, 1981~to June 30, 1982. (b) That the aforesaid deductions will be added to :the regular payments made by the Town to said fund and paid to the fund in the same manner and at the same time as the Town's contributions are paid to sa.id' fund. The Town also agrees to make deductions from the saIary or wages of presently employed covered employees whose services are terminated prior to July 1, 19'82, in such amounts as to equalize amounts owed ~o said fund~ and to transmit such deductions to the fund. (c) That the Town will make payroll deductions of $8.34~ ~ $8.33 and $8.33 on the first payroll after July 1, 1982, S~ptember !~ 1982 and November 1, t982,, respectively from each co~ered employee and add these deductions to'.regular payments made ~by the Town to the fund. (d) That payments to the Fund will continue to be'on a parity with payments made to the Fund by Suffolk County for~ their employees and the Town agrees to ~ontinue to make payroll deductions in whatever amounts are necessary to accomplish any difference · between the regular payments by the Town to the Fund and the amounts agreed tb by Suffolk County and to forward such amounts to the Fund. 4. That the Supervisor be and he hereby is authorized and 27. 28. 29. 30. 31. 32_ FEBRUARY 9, 1982 ~i directed to execute the le~ ;a~reem~nt dated January 28, 1982, between the Town of Southoi~,"~'S~ffolk County Local 852 CSEA Benefi~ Fund and the Southold Town Unit' of the CSEA. Vote of the Town Boar~: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED.· Moved by Supervisor Yell, seconded by COuncilman Murphy, it was RESOLVED that the Town Board of theTown of Southold hereb~ terminates employmentlof Custodian Ellen Nevill~ effective ~ecember 15; 198~. " Vote df the Town Board: Ayes: Justice Edwards. Councilm~n Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes, Supervisor Pell. This resolutio5 was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James N. Hubbard, Carroll Avenue, Peconic, New York, to %~e position of Custodian, effective February 16, 1982 at a salary of $8,500.0~ per annum. Vote of the-Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman MurPhy, Councilman Murdock, Councilman Nickles, Supervisor Yeti. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman Nurdock, itwas RESOLVED that the Town Board of the Town of Southold set '3:'3U Tuesday, February 23, 1982. Southold To'wn Hall, Main Road, Southold, · New York as time and place'for hearing upon application of. Eh- consultants, Inc. on behalf of Nell Simon for ~ Wetland permit to construct 190 lin. ft. of timber bulkhead generally above line of MHW, excep~ on southerly side where it will tie into ~the corner of existing bulkhead. A I0 ft. return is proposed on the northerly side. Approximately 200 cu. yds. of clean fill will be trucked in for backfill. Location of property: terminus of Harbor Lights Drive on man-made basin off Southold Bay, 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. Moved by Councilman Nurdock, seconded by Justice Edwards, it was RESOLVED that the Town B~ard of the Town of Southold .set'/~:40' P.M., Tuesday, February 23, '1982, Southold Town Hall, Main Road, 'Southold, New York as time and place for hearing upon application of En- consultants, Inc. on behalf of $illiam LaMortefor '~ Wet'l~nd permit to maintenance dredge and place resultant fill behind proposed up-' land retaining wall to be constructed on the southerly part of parceloff North Bayview Road, on Jockey Creek andmSouthold Bay, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Cguncilman Townsend, Councilman MurphY, Councilman Murdock, Councilman Nickles,-Supervisor Yell. This resolution was declared duly ADOPTED. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the ToWn Board of the Town of Southold set 3':45 P.M., Tuesday, FebrUary 23', '1'982, Southold Town Hall, Main Road, Southold New York as time and place for hearing upon application o~ Eh- ' consultants, Inc. on behalf of Walter Si'lbernagel for a wetland permit to construct a timber dock, elevated catwalk, hinged ramp and floating dock secured by two pilings at Broad~ters Road, on Broadwaters Cove, Nassau Point, Cutchogue, New York. Vote of the Town Board: Ayes: Justice EdWards, CSUncilman Townsend, Councilman Murphy, Councilman Murdock, C~uncilman Nickles, Supervisor Yell. This resolution was declared duly ADOPTED. Moved by Justice Edwards, seconded by Councilman NJckleS, it was RESOLVED that the Town Board of the Town of Southo~.d set 3:50 P.M., Tuesday, February 23, 1982~ Southold Town Hail, Main Road, SouthOl~, New York as time and place for hearing upon apptic~,tion of Eh- consultants) Inc. on behalf of Strong's Marine Cen~er for a wetland permit to maintenance dredge two contiguous rectangular areas 70 ft. by 20 ft. and 200 ft. by 20 ft. to a depth of 4 ft. below MLW. FEBRUARY 9, 1982 Approximately 350 cu. yd. will be removed and placed on adj~ce~ upland where it will be prevented from reentering the waterway. - Location of property: south of Camp Mineola Road, on James Creek, Mattituck, New York. Vote of the Town Board: Ayes: Justice EdwardS, Councitm~n Townsend, Councilman Murphy, Councilman Murdock, 'CoUncilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 33. Moved by Supervisor Pell, seconded by Councilman Nickles:, it was RESOLVED that t in regard to the State Environmental, matter of the application of Enconsultants, Inc. on behalf Of FriedriCh Krug for a Wetla'nd permit on certain propertY..located on Budd's Pond, off Budd's Pond Road, Southold, New York.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman MurPhy, CouncitmanMurdock, Councilman Nickles, Supervisor Pell. - This resolution was declaredduly ADOPTED. 34~ Moved by Councilman Murdock, seconded by Supervisor pell, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for.bids for the following, more or less, as may be needed: 15 - 3 ft. by 8 ft. Drainage Rings 10 - 4 ft. 6 in.j by 8 ft. Drainage Rings 15 - 3 ft. 6 inl by 8 ft. Drainage Rings 10 - 3 ft. 6 in; by 8 ft. Drainage Uomes Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilma~ Nickles, Supervisor Pell. This resolution was declared' duly ADOPTED.. 35. Moved by Councilman Townsend, RESOLI~D that the Town Clerk of to adver{ise for'bids for the following, needed: 500 ft. - 12 in. corrug 500 ft. - 18 in. Vote of the Town Board: Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Murdock, it waS' be authorized as may be ~ "age' p'ipe wi't~bands'%~ 36¸' Moved~by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the TownClerk:of the Town of Southold be authorized to advertise for bids for the follow~ng: Four (4) replacement tires for the Fiat-Ailis~ Model 745 C Payloader located at ,the SOuthold Town Landfill area. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilma5 Nickles, Supervisor Pell. Thisresolution was declared duly ADOPTED. COUNCILMAN MURDOCK: Bill, I think maybe a little explanation' to the members of the audience. Normally the Town doesn't go out to bid on anything that costs less than $3,000.00 and in this instance we do not expect that the bid will come at much less than $2,000.00 and substantially more. We figure it will be roughly $1,800.00 a tireand that's why~ we're advertising. SUPERVISOR PELL: $3,600.00 atire. COUNCILMAN MURDOCK: Yes, $3,600.00 a tire. That's $13,000.00, almost $14,000.00 to replace four tires on the payloader. SUPERVISOR PELL: This payloader is up in the dump. These are great big tires on the machine and the~ are filled with styrofoam so when they run over a pipe or something in the dump when it is working it does not give you a flat tire, lay the'machine up why you get the tire fi~ed. These tires have been on the machine for two: years now, they have worn out, they are very expensive. But if the machine is layed up on down time. while you are getting a tire or two fixed, and nobody'stocks them, while you are buying a new one to put on, yon can- rent a machine. Two years ~ago we rented a machine before this machi~e came in and at that time to rent a machine to replace that machine up there cost the Town $1,700.00 per week, seven days a week that machine works. So that's why we have to have t~ere special tires. FEBRUARY. 9, 1982 Justice Edv~ards, seconded by Councilman Murdock, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following, or equal: One (1) 1969 Used Self Propelled lO to :14 ton Tandem Steel Wheel Roller ~!th the trade-in of One (1) 1940 Cralio Roller'- ID.# RD25260. Vote of the Town Board: Ayes: Justice Edwards, Cottucilman Townsend, Councilman Murphy, Councilman Murdock~ Councilman Nickles, Supervisor Petl. This resolution was declared duly ADOPTED. 38. Moved by Councilman Nickles, seconded by Councilman Murphy, it was. RESOLVED that the Town Board of the Town of So~thold mr~nd their 2, 1982, by adding "and the C.S.E~A. Contract 8~% increment effectiv~ January t, I982~ Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 39. Moved by Councilman Murphy, seconded by Justice Edwards, WHEREAS, on the occasion of thecommemoration of February 1982 as American History Month by the Southold Chapter of the Daughters of the American Revolution, and WHEREAS, in the spirit ~f Americanism and the interest in history shown by said group, through its donations in the past and todays presentation of "The Patriots Index" Volumes I and II to the Town of $outhold, through the ToWn Historian, Magdaline Goodrich, now, therefore, be it RESOLVED that this Proclamation of' Appreciation, on behalf of the Town of Southold, on the occasion of Americanism Month of the Southold .Chapter of the Daughters of the American Revolution, be personally presented to the Chapter by Nagdaline Goodrich, Town Historian, Town of Southold, Long Island, New York, with sincere gratitude. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED~ 40. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to proceed with the bidding process in connection with dock repairs and ramp construction on Ferry District property in accordance with the Fishers Island Capital Project, upon receipt of approval from the Department of Transportation of the plans and specifications. Vote of the To~m Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 41. Moved by Councilman Murdock, seconded by Supervisor PelI, it was RESOLVED that the Town Board of the Town of Southold accep~, with regret, the resignation of Raymond W. Edwards, effective February 2, 1982, as a member of the Board of Commissioners of the Fisher~ Island Ferry District. 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. SUPERVISOR PELL: We h~ve researched this to Albany andMr. Edwards cannot wear the two hats because of a conflict of interest, so he gave up the Ferry District Commission to serve all the people of Southold Town as an elected official. 42. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Joseph J. Lizewski for a change of zone from "A~' Re · · s~dent~al and Agricultural D~strzct to "B" Light Business District on certain property situated at Cutchogue, New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Main FEBRUARY 9, 1982 (State) Road (N.Y.S. Route 25) where said northerly line o:f Mai~ (State) Road intersects with th~ easterly line of Depot Lane, and from said point of beginning, running North 39 degrees 39 minutes 50 seconds West 406.83 feet'to lands now or formerly-of Fogarty;. runnfng thence along lafids, of Fogar~y North'43 degrees 38.. minutes Road; running thence along the northerly line of Main (State) Road South 31 degrees 20 minutes 10 seconds West 264.12 feet to 43. and p/o Lot 012. NOW, THEREFORE, BE IT RESOLVED'that a het~ by the Southotd Town Board at 8:00 I982 at the S0uthold Town Hall, Main Road, Southold, New York, a~hich time any person desiring to be heard on the above pro- posed petition should appear at the time and place above so, specified, and be ir further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing to be published in the official newspaper-pursuant to the requirements of law. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, CouncilmanMurphy, Councilman Murdock, Councilman' Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Supervisor PetI, it was RESOLVED that the Town'Board of the ToWn of Southotd~Q~ePtl the bid of. Multen Motors, Inc. for supplying the Town of S~uthoitd with six (6) new 1982 Special Police Type four door PiYmouthGram Fury sedans with factory installed AM radios at,a ~et Cost of $'56,500.00. ($~,500.00, less trade-in of.$13,000,00 for foun:~ehicles.) Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, CouncilmanMurdock, Councilman Nic'~tes, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: We will go back new to Resolution No. 7. 'I am going to have the resolution introduced, read, seconded and then I will open it up to the Board for comment. COUNCILMAN MURDOCK: I onlyhave one problem with that, Bill. That's that I certainly would like to give the audience an opportunity to participate in the ~iscussion but I respectfully am going to request the Town Board not to act on this resol'Ution. ~een deliberating in my mind and there'was one gentleman-at the work session yesterday,, representative of CountyBxecutive, and he said the County ExecutiVe was prepared to help with ihe placement of this parcel in a Nature Preserve. At that rime I asked the gentleman why nobody had ever established any lands in a Nature Preserve and the net result was that I' siill feel, and Ive come to feel stronger and stronger about It as I delmherated during the day with myself, that maybe some more time should be put into developing a line of communications with this ~entleman to see what we can effect in terms of guarantees and I would respectfully ask the Board to consider that~before it is put to a vote. SUPERVISOR PELL: Gentlemen of the Board, I would tike, as I said before, have it introduced, have it read, open it up for discussion with the Board and the public, then if any Councilman wishes to mak~--] a motion to table it, it takes four qotes to iabte. Follow those l 'l guidelines. Agreed? (Ail '~greed.) Councilman MurPhy will introdu~_j the resolution. Moved by Councilman Murphy, seconded by Councilman Townsend~ WHEREAS, the Southold Town Board supports the preservation of Robins Island in its natural state/ and WHEREAS, the private efforts of~th~ Save Robins Island Committee to preserve the Island have been obstructedbY the Island's owners, The Southold Development Corporation, and WHEREAS, while the SOuthotd Town Board has local jurisdiction over the future~of Robins Island, and has the power tO acquire the Island on its own, the Board believes that the preservation Of the Island is a regional concern and that the Island's preser- entire re,ion, and FEBRUARY 9, 1982 WHEREAS, the. Coun~ of Surf established a Nature Preserve for the specific pUrpose of 'prS~ing lknd like R~bins Islahd, which has not yet been utilized on behalf of the People of Suffolk County, now, therefore, be it RESOLVED that the Tpwn Board shall-and hereby does go on record as favoring and giving tis consent to'the acquisition of Robin~ Island by the exe'~cise of Eminent Do~ain, an~ the permanent ' preservation of the Island through, a limited access Nature Preserve. SUPERVISOR PELL: Gentlemen of the Board, do you want to comment at this time before we open it up zo the public? Any Board member? Mr. Townsend. COUNCILS~N TOWNSEND: Even though I just seconded the motion, it's become apparent to me that if it is voted on tonight it's not going to pass. The Board is deadlocked and I really don't know what Larry.has in mind as far as input is from the County bu~ in review- ing voluminous minutes and listening to a lot'of the testimony recently and talking with Board members many times I've heard the conmnent that if it came to referendum it might affect some of those Councilmen who are in the negative. We've also been advised by our Attorney that we cannot because it is not an issue of bonding or one-that commits money of'Southold Town. We cannot put it to referendum. There has been a suggestion that perhaps that one of the considerations being that if the voters knew the real cost, the condemnation cost and the cost to the taxpayer they might feel differently and if you put it on a yes and no basis as opposed to an are you in favor of basis so that people had t0 express opinions one way or another it might come out that the populous was opposed to Robins Island acquisition--public acquisition by the County. This was an idea that was expressed to me that I thought m~y be worthy consideration, that being that the Board do two things, that we contact a condemnation attorney to determine what perimeters condemuation of such a piece of property, how you go about evaluating the value of such a piece of property. Determining within rather broad perimeters what that value, might be; hire an independent polling agency and get a sample of what the--an accurate sample, an impartial sample of what the Town's opinion is on the matter. Now, whether that would affect any of the BOard member's opinions or not I have no idea. I submit it as a suggestion as a way of resolving what public opinion really is on it. Not that it's going to affect some vozes, but it's just a suggestion. Rather than let it be voted on-now. SUPERVISOR PELL: Thank you. Any other Councilman wish to comment at this time before we open it up to the public? Nit. Edwards. JUSTICE EDWARDS: I do agree with Joe Townsend in this. I'm very concerned about it. It's been dragging along for a long time, and it's been a couple of years already. Of course I'm new with the idea of Robins Island, only a couple of months but I think a couple more weeks won't hurt it a bit and I wilt go along with Joe on that. SUPERVISOR PELL: Councilman Nickles. COUNCILMAN NICKLES: I'd just like to review with the audience.and wi~h the Board the last two years. I believe we started this in January of 1980 when our Supervisor submitted ~ resolution not unlike this and at that time it was tabled and it came up a month later or so--two weeks later, at which time it was voted down and that started a Iong bumpy road with the previous Town Board of which I was a member and I'm sure for the members of the Save Robins Island Committee. Along the way a Advisory Committee, a Town Board Advisory Committee was established. I believe they commenced in September of 1980 and they rendered their report in April or Nay of 1981. Follow- ing that the Town Board met with the Save Robins Island A~visory Committee and some members of the Save Robins Island Committee and we hammered out a resolution which I kind of thought put this thing, the situation as in Mr. Edwards' words,: was no longer dragging out but was resolved. Now for someone that spen~ a good deal of 1980 advocating the position of limited development as a means of preservation and then arriving--I co-sponsored a resolution with Mr. Murphy that the Town favored preservation so long as no taxpayers' money was used for acquisition or maintenance. It is my impression at the time that the Save Robins Island Committee and many members of the Advisory Board felt this was a step in theright direction. They claimed that with this resolution they would now have the 52 FEBRUARY 9, 1982 credentials necessary To go,forward and meet with Variouspriv~te , foundations who supposedly have money available foracquisition and preservation of lands such as this. As I understand it, ember a letter was sent to the owners offering them ~ 2~1 million dollars, the Save RObins Island:Committee- has never heard a response t~ ~xpressed yesterd~y-~we had a special Work. Session yester ~ the way at 3:00 o'clocks-my opinion as to how that offer was--in the terms it was couched and that to some extent it:might have been presented in such an insulting manner that the owners did not feel. it warranted a response.. Sub- sequently the Save Robins Island~Con~nittee has made no~follow~up to their initial offer. They have not had a response,, they~have not followed-up to see why they did not get a response. I~asked a question yesterday, what kind of funds were available and how much money were they able to raise? I never did really get~an answel~ even though we were told when,we ha~m,,ered out this resolution in June of 1981 that there would be funds available to them. We don't know whether there's 2 million~ dollars available, 7 million dollars or 100 million dollars. BuL at any rate it is my opinion that this Town Board took a position favoring~ preservation. The Save~Robins Island Committee had the ball and to my way of thinking they have not exhausted all the avenues open to them and-in a sense I~m not certain that they followed this line with any due diligence and for that reason at this point in time I still do not favor going for public acquisition when there still may be a chance for acquisition through private foundation money. Consequently'I won't vote for this. I would like to make a comment. One of the other Councilmen mentioned having a,poll. It seems all we do lately is one group runs a~poll on this, somebody else runs that. Maybe you could find some pollster who would come out here run the Town Board for you and you can run a polt every six months and decide what should go on in this Town. It seems, to me that's all that we're doing, having pollS. SUPERVISOR PELL:- Thank you. ,Any other Counci toaddr~ss the, topic before we open it up to the floor? (No response.) Any- body wish to address the Board on this? Counsel Pike. ROBERT PIKE, Attorney for the Save Robins Island~Committee:~ We'll, it would appear that the tong bumpy road is. getting longer and bumpier from the start. I do have to just briefly discuss With Mr. Nickles his discussion about our offer. First of all, he knows very well that ii was an Option. An offer for an option. In an option we can't raise money unless we know exactly how much money'you have to raise. And so when he asked us how much money have we raised,~ I say we don't have an option. -There's nothing to raise any money for. So why would we go for the door and we have opened the door. I disagree with your conclusion that we have not diligently and faithfully and persistently tried to get the Southold Development Corporation, which is a wholly owned subsidiary of a Switzerland holding corporation to negotiate with-us in good faith. They have failed to do so. They have failed to communicate and that failure is not ours. Three weeks ago we were in this meeting room and there was some great concern that we were trying to rush things and so a three week delay was discussed and agreed upon and that delay of three weeks has passed and during that time we told this Town Board.that if they would tell me exactly what it y hadn't gotten yet and that we~would explain exactly what if they didn't understand it and we agreed to come doyen here yesterday Board could come up with., there were no further questions. And now some 24- 28 - 30 hours later and there's two new questions. I really wonder where the questions come from. I don't know, try to answer them. Now, as far as an appraisal of the In terms of the decision that you gentlemen have to make he~e-~at some time you do have to make a decision--in terms of that decision, the difference between a 2 million dollar acquisition and a ~0 million dollar acquisition by the County of Suffolk means, a grand sum difference between 2 million and l0 million of twenty-five cents for the average taxpayer in:this room. The cost to these taxpayers isn't in the acquisition, that's spread out throughout the entire County of Suffolk. It's spread out through twenty_years, at least, of bonded indebtedness on the County of Suffotk, and that i~~ a' debt FEBRUARY ~:9, 1982 ~: ~ ~ that the County Of Suffolk and Peter C~haIan is willing to take at this time, or he's~ certaint~i~- 'ij~,Ti ht for it So it's that twenty-£ive cents, finding 6ut whether it's going to be $2.50 per ~erage taxDayer in the Town of Southold or $2.75 per ~verage taxpayer · n the Town of Southold, is that really going to make a difference? and polled and probed and tested on this issue. They ha~e-responded in a number of ways and I don't have ~o go over them'again, we went over them yesterday and we went over them three weeks ago and we went over them six months ago and we went over them two-years ago. The basic message doesn't change. The people of the Town of Southold are in favor of the preservation of Robins Island in its natural state, period. And if our poll, the poll of the Save Robins. Island Committee did, would show that 84.6 percent of the people of Southold are in favor of~that preservation was wrong by 20 percent--if for some reason it was off by 20 percent, it would still be 64 percent of the people in favor of the preservation that that's more than most of you were elected by. It just seems that that would be another exercise in futility and delay. Now, I will grant you that it is an important decision and I will grant you that it takes time to make a good solid well informed decision and if you need two weeks to talk about it, if you need two weeks to talk to the County Executive and find out what he thinks, and I'm quoting him, "Robins Island is one of the most valuable parcels on the entire Eastern Seaboard", fine, take the two.weeks, and I don't think his message will change. I think that you will find that he has analyzed it pretty well to know what he's talking about. But any delay beyond that would be a tragedy because five miles from here in the Town of Southold lies one of the most valuable environmental and educational assets that exists on the entire Eastern Beaboard and if because of delay that is lost., not on its merits but simply because it was delayed, who will you ever convince that you were right? Now, if you need time, you need time to consider and think and make sure in your heart you know what you're doing is right, we can~under- stand two weeks, but no longer. It's time for this Board to decide. Thank you. ~ SUPERVISOR PELL: Any Councilman wish to address Mr. Pike wh~le he's on his feet? COUNCILMAN MURDOCK: If you would, Mr. Pike, in this-resolution, and I'll just go to the resolve part, it says that the "Town Board shall and hereby does goon record of favoring and giving its consent to the acquisition of Robins Island by the exercise of Eminent Domain, and the permanen~ preservation of the Island through a limited access Nature Preserve". No where in there does it talk about management of that preserve and I had believed that that would be an~important and integral part of the future of the Island, as to how it's to be managed, under whose agency, and I thought there was quite a Lit of discussion yesterday about management and there was no definitive discussion about how it would be managed or by who. There was some vague suggestion. I would respectfully say to you. Mr. Pike, that management is as much a part, or should be as much a part of this resolution and consideration as just the acquisition. Just to acquire it, to destroy a tax base to have it because it's pretty and then have improper management, have-it go down the drain, I would say is as much a travesty of justice as inactivity would be. And again I'll have to go back to thinking over our conversation with Mr. Berger and it appears that it was he who suggested that ~-~e County aft~ the part of acquisition would-~i~e to sit down and discuss management and management options. I'm quite prepared to vote as I feel this resolution calls for a vote but I feel that there is something that is left out seriously that might even change my opinion in terms of it and I think that (a) I would like the time to have you and the Countysit down and discuss management operations. Your committee is certainly much more versed than I am and I would not propose to take over at this point and come in and say oh, how easy this is, it is not easy and it would not be easy and I would not want to go into a discussion with Mr. Berger or his office without the help and guidance of the Robins Island Committee. If you feel this is the wrong position to want to know and want to delineate exactly what our responsibilities are, I will accept'being wrong but I say to you again that management should be part of this resolution, The people of the Town of Southold should know in what direction the property that they will give up should be handled, if they ar.e willing to five it up. 54 FEBRUARY 9, t98~ MR. PIKE: Well, let me respon~'i First of alt the managemen~ of the Island is clearly defined by one thing. (1) The resolution before you is a home rule message about putting the IslaAd into a nature preserve and whethe~ the County manages, the nature preserve or the Town manages the nature preserve or the Save Robins Island"Conmuittee manages the nature preserve or NAture Conservancy manages the nature preserve there are certain Principles that none of those parties can cross, can chaIIange or can defeat in their activities without defying the basic public trust that they are given by law by you. What that' gives you potential to do it right have so- NOw, I'm not sure the County of ,' s going to be very in discussing it with you, if you're not even willing yourself to the basic idea that they might. Now the resolution in two weeks it will be no management probt at least two years and I would dare say it will probably be three before title is taken and until title is taken there is no manage- ment problem. But in those two years I can guarantee you that working with the Save Robins Island Committee and the Town Board and the County Nature Preserve Committee you could come Up with a heck of a lot better management program, team and guidelines than you could in the two or four or six weeks that you're proposing to develop that in now and so there is nothing inconsistent about passing this~now with establishing the best possible management team for the Island. And I would point ,out that even at t. he County level on the Nature Preserve Committee you already have Paul Stoutenburgh who will give yo~ good strong local input and it's just not essential, L~rry, that you decide Chat. They're not-going to turn around and turn this thing into Coney Island, they can't, they don't have a homo rule message which would allow them even to turn it into a park, and so, sure we' ll work with you, prerequiSite to this particular resolution, of this resolution enables these exact kind of ne tha~ you're trying ro accomplish. SUPERVISOR PELL: Any other~Councilmen have. anything for ~lr. Pike while he's on his feet? COUNCILMAN NICKLES: You know, Rob, we keep hearing that the County Executive is going ~to--if we pass this~r tha~ Robins Island is secured but in Open Space Plan I see he has eleven sites in here. He has 363 acres Baiting Hollow/Roanoke Point, he has Barcelona Neck in East Hampton 355 acres, Carrls River in the Town of Babylon 29 acres, Carmans River 430 acres, Town of Brookhaven~ Dwarf Pine Forest, 190 acres, Southampton, Gardiners Island 3380 acres in the Town of East Hampton~ Long Pont Greenbelt 800 acreS, Town of Southamp~on~ Maple Swamp-Birch Creek 2000 acres Tow~ of Southampton, NisSequogue River 50 acres Town of Smithtown, number, lC, Peconic River 1250 acres ToWn of Riverhead and Broo.khaven and finally our own Robins Island 460 acres. Now, I'm wondering if he's waiting.for home rule messages from all these other towns where these properties are because from what I understand I don't know that any of these have been put into any kind of acquisition program or indeed, it,s my understanding'they're not even in the capital budget and I don't know where anywhere it is written in stone that if Peter Cohalan would like to acquire R0bins Island or any'of these places he can't move forward with the legislature~ I realize he doesn't have a vote in the legislature but nothing seems to be happening with these things. MR. PIKE: John, what's the date on that? COUNCILMAN NICKLES: February 1980.. t don't know that he's.come out with a new Open Space Program, but if he has I haven't seen it. MR. PIKE: The gentleman who was here yesterday, Mr. Berger~ .came as a representative 0f the County Executive Peter Cohalan. He had spoke to CountyExecutive Peter ~ohalan two weeks, prior the meeting yesterday.. If you doubt at all that Mr..Coha[ dedicated .to this project, irregardless of whatever problems beset the other ones, if you doubt that, call him. COUNCILMAN NICKLES: What I am asking you is out of these ten Which one has he set the highest priority? FEBRUARY ~9 ,1982 55 MR. PIKE: Ask him:k- d ,i,'~i'~,'"'~ ..... ~ , ' I ar~..,~{~he~}~wo~ld~ find Robins Island at or very near the top. COUNCILMAN NICKLES: But in the meantime why hasn't he moved ahead on any of the other projects? Quite frankly just talking as a politician and not as these folk's representative, it seems to me he's espousing open space preservation and he's saying, I'm not going to act until those people out in Souzhold Town on the Town Board act, but mean while he isn't doing anYthing, He's putting the onus on us but there's nothing anywhere that says that if the County Executive desires to move ahead that he. instituze proceedings in the legislature to do the sam~whether it be with the blessings of this Town Board or without this blessing. One other point before I shut up, and that is I'd like to remind us ali like I did yesterday, we're not talking about is the Town Board opting for development as we were two years ago or limited development we're talking about two forms of preservation. We're talking about acquisition by the public entity or we're talking about acquisition by the Nature Conservancy or any other private group. Now I 'still feel one letter is all I am aware of that was sent to the Southold Development Corporation is not a diligent effort. I suggest that if the Save Robins Island Committee has worked as hard trying to contact those people or coming up with an offer as they have with this Town Board the~ would already have the title to it. MR. PIKE: Nay I suggest, John, that first of all there is nothing inconsistent with what we are doing here with the County and us continuing to negotiate with them privately if they would bother to answer their mail. I would also suggest that the next.time we write a letter I'll ask you to proof read it and lend your. suggestions if you would. COUNCILMAN NICKLES: I'll be happy to. Like I told you last night, if you ask a girl to dance and she says no to you I'm sure you don't take that lying down, you try again. SUPERVISOR PELL: ;ny other Councilmen have anything they; would like to ask Mr. Pike? Mr. Edwards. JUSTICE EDWARDS: Rob, one question. You did send a letter off to Southold Development on the proposal to buy the Island? MR. PIKE: Absolutely. JUSTICE EDWARDS: You did not receive any reply from they, did you not? MR. PIKE: We have no-- well, I have spoken to Armand Lessor several times since then, twice since then. He indicated that we would be getting a formal reponse from them, that is the Southold Development Corporation. He indicated we would be getting a response in writing that basically it would say that they were not interested, but we have never received such a doctunent. JUSTICE EDWARDS: When did you sesd the letter to them? MR. PIKE: September 25, 1981. JUSTICE EDWARDS: We're talking five months and you haven't gotten back to them to get something in writing? MR. PIKE: I have several times, twice. JUSTICE EDWARDS: You b~ve talked to them since that time? MR. PIKE: That's right. JUSTICE EDWARDS: But he has not come back with anything? MR. PIKE: Correct. SUPERVISOR PELL: Any other Councilmen have anything for Mr. Pike? (No response.) Thank you Mr. Pike. Anybody else wish to address the Board on this subject?-Mr. Frank Bear. FEBRUARY 9, 1982 MR. FRANK BEAR: John, you said that if you asked a girl'~to dance once and she turned you down you wouldn't quite with one attempt. I think that depends a lot on the girl wouldn.'t you say So? COUNCILMAN NICKLES: Apparently this girl's worthwhile so you ought to asktwice. MR. BEAR: Well, we have. We have asked a number of times~ Rob Pike has been on the telephone a number of times trying to get some kind of an answer and he has been promised one and it~never -~came through and so we feel that this is a necessary-step for us to take. I'd like to talk just a little bit if I-may about this management business because it seems to be bothering a lot of peopl We have prepared to move ahead at the proper time to raise the .1 money for a trust fund for the management of this island. I'm talking about the Save Robins Island Committee. We have already taken steps in that direction. Most importantly~the preparation of the arrangement with the fund raising consultant to raise the money for Mashomack, she's raised the money for lots of other places. I'm talking about Marjorie Bond who is sitting right over here. Marjorie Bond is confident that we can do this. We have contacted various sources of funds but we haven't asked them for any money until we have something for them to put money into. We have no reason to doubt that we can do it. That doesn't mean that we start this fund raising tomorrow and the day after tomorrow we'll have the money. Maybe we'll have to work at it but we are sure we can do it. We have every confidence that this can be accomplished. We're willing to go ahead to try to raise the money and raise it for acquisition, but you can!t raise the ~ money for acquisition until we a deal with of the property and they refuse to dea ~is is not the proper time and place t¢ but I'm going to read you by the Methodist Publishing this is germane to this issue. It's cal Earth. "In the beginning, Lord, you gave us this~garde] Out of its deep watercame life. Then you provided air, and life 'pushed upward. It crept upon the wet land and the dry land. ~on made man in yohr own image, Lord, to stand up and to have dominion. To.watch plants grow and birds fly and streams flow. To feed upon the'life-giving goodness which you put here for our-sustenance. You placed us here to plant, cultivate, and harvest--to rule and manage. What a trust you put into our hands! We managed, we built, we used what was here. Yes, we wasted. But everything seemedto limitless, Lord. Air without bounds, water cl~ar and everflowing, forests primeval, richness in Earthls bowels to be exploited for our comfort and our progress. With what you put into our hands, Lord, we have built skyscrapers andmonnments and automobiles. And tombstones. We fly in the skies, even thrust to the moon and beyond to satisfy curiosity and prove what man can do. We thought there would always be enough for future generations. What little thought we gave it as we mined and manufactured and engineered! Wastes ooze into precious waters: i - ..... Why do your rains nor wash the rivers clean? Murky clouds hover over our cities, obscuring skylines: Ar~e your winds not strong enough to take away the jet exhaust, the auto fumes, the stack smoke? We scrape mountainsides away: Will not the lush green return next spring? Your~ prophets told us to be fruitful and multiply,~to fill the earth and have dominion. But now there are so many of us! And getting to be more. What shall we do now, Lord?" COUNCILMAN NICEI,ES: Amen. Very nice prayer, Frank. SUPERVISOR-PELL: Anyone else wish to address the Board On this topic? MR. WILLIAM SMITH: ~ I was a member of the Robins Island Advisory Committee and as you know we spent many meetings. I am a real~ estate broker and I'm sure I won't make any money on Robins Island but I wonder at the perseverance of the Save Robins Island Committee. In a tittle over six months they have given up and they want.public funds. I have spent two years trying to make a deal in real estate and sometime I ye been asked how-I it and I say perseverance and I think the perseverance of the Save Robins Island Committee is very low and I don't know why to give up in six months. FEBRUAR~ .9. 1982 SUPERVISOR PELL: ? ~hank ..... ~ ~::~:i-~-.~ ~_~-..~ :-~: Y~'~'~'~i~" Anybody else wish to address the Board? MR. DAVE HORTON: I'm from New Suffolk and first of all I'd to say that I believe it will cost us far more than twenty-fi~e cents. Also, I'd like to say that based on past observations. I think the last entity that should get this island is SUffolk County seeing what they, ve done with their sewer districts everything else that they've maintained. Thank you. SUPERVISOR PELL: Anybody else wish to address the Board? MR. JOHN CRYAN: I'm from Smithtown, and Irve traveled a long distance. I'm representing a group called the Long Island Pine Barrens Society. We have a letter addressed to the Board that I will give to ~ou after I'm done. The reason I came out here was primariI~ to assert that there is a lot of concern about Robins Island down in western Suffolk and a lot of the people out there do feel concern about the few important environmen~aI areas left in~ the east end and it is well known there that Robins Island is perhaps the best remaining example of a whole range of ecosystems in Southold Town and for that reason mainly we do support its acquisition and I believe that may be one reason why acqusition of Robins Island was proposed in the County Open Space Plan. I just wanted to make a few other points. One. of them is that we seem to have a Catch 22 situation going on. No one governmental agency or elected body of governmental officials want to take a firm stand before another one does. I just want to remind the Board tha~ traditionally home rule messages from town boards has been the way that many parcels of land have been preserved. We are working extensively on the Long Island Pine Barrens and we are attempting to get home. rule messages from the difference towns that have pine barrens within their boundaries. We feel this is the most important way to get land preserved. So I think that is an important consideration. It's not so important to consider how much backbone or how much concern does County Executive Cohalan have in this matter or any other government official as it is to get a strong statement on the record for the town in support of preservation . I would also like to.address the issue of management of the property. It would seem to me that with any environmentally pristine area like Robins Island management would mostly~be minimal. I think what you're talking-moreabout is security. How would you maintain the integrity of the property, keep interlopers off and I would submit to you that the. County could do it, the State could do it, the Town could do it, even a private entity could do it. And I also believe that security could be addressed in the interim period between the plans to go forth with acquisition and the actual acquisition of the property. I'd just like to leave you with the thought that we do care in western Suffolk about Robins Island. SUPERVISOR PELL: Thank you. Leave your report with the Town Clerk, please. Anybody else wish to address the Board on this topic? Mrs. M. J. Paul. MRS. M. J. PAUL: I just wanted to clear up one point about the negotiations with the owners which might help. I don't want anyone to leave here with the impression that the Save Robins Island Committee has no~ been diligent and working hard. I have worked since March 2, 1980 every single day doing something about trying to save Robins Island in some way, and I don"t regret one moment. I think it's a noble cause and I think at the moment I'd like to thank the Board for their consideration and their courteousness toward the Save Robins Island Committee . Especially I'd like to thank Bill Pelt, our Supervisor, for giving encouragement. He happens to believe in what we're trying, we're still trying, I want everyone to know that. Now, to answer my friend Bill Smith, our first idea and the one that we went with first is private acquisition. That's our first choice. We offered what we felt was a fair market value and haven't heard. Rob has tried to get a letter out of them, and it says here that you all should know that the Save Robins Island Committee is still ready, willing and able to enter into an option agreement should the negotiations begin. However as the agents of the owners are apparently unwilling to negotiate with us at this time we're proceeding with the next viable option for preserving Robins Island in its natural state. It isn't our first. This is our second. I had a call from a 58 FEBRUARY 9, 1982 local realtor the other day--a few weeks ago and he-:said, ,Mrs. Paul the reason that the Southold Development Corporation is not accepting your offer is that I happen to know that they have been offered 4 million dollars in cash for the island and they h~.ve refused that". Where does that leave Us? How ~an we negOtiate with them if it's fudged like that? Now here we have the County coming in and offering a plum to us of acquisition, They're offer- ing this to us because after all I know we're out here on this mud flat but we still are part. 6f Suffolk COunty. They're saying to us that we will work with the County Legislators to acquire th's island for you people out~ here in Southold.Town andwe will.work with you if you would like to raise money to manage it. We'll work with that, we'll work with anything that you would like to dos So here we have a combination of we, the people .of Sout~hold Town to go out and raise money for the management. I assume we have local people managing the island and so forth and the acquisition money would be pr¢ided by everyone in Southotd Town plus the County and I think Doug, right at this moment could, for the public record, state exactly how much if Robins Island were acquired, let's put a figure of 4 million, 5 million, and this is what your taxes would go up. And Doug is ~ genius. SUPERVISOR PELL: Thank you, ~s. M. J. Paul. Anybody else wish to address the Board on 'this?' Any questions for Mrs. Paul? Mr. TOWnsend. COUNCILMAN TOWNSEND: It's not really a form of question. What I'm trying to do is isolate, I don't want it to come to a vote and have it defeated because I'm for it. What I'm trying to do is isolate it with a polling questiOn which apparently has ~pset some of the Robins Island do is isolate:~what it is My mind is made up. In Only question that I've not seen. that say it. You have a lot of thi~ the majority of the people are for it to for it. that been ~ pure objective poll, yes or no, where everybody that i~!'contaoted could say yes or no. What you have is people who::say if ~e!y're interested in it they send it in and the~ I'm i~t.e~ested question. Maybe it's a moot point. What I would tike to do is find out ~if it has any affect on the voting'of the Town Board. I'd like to isolate those issues that' effect the voting. We're going back and forth and'saying well, I'm afraid, of the management, that's why I'm going to vot~ against it. So the management is no problem. Is there any issue that has not been brought up that would affect the voting of this thing? That we could determine in any way? Thatwould change their vote from negative to positive? SUPERVISOR PELL: You are asking that of the Councilmen. Councilmen, Mr. TOwnsend put a question to you. Anyone care to respond to it at this time? COUNCILMAN N. URDOCK: 'I already expressed my opinion,: Joe, there's no reason why I should repeat it again. COUNCILMAN NICKLES: I'm ready to Vote; SUPERVISOR PELL: Does anybody else wish to address the Board before I call for the movement of the resolution? Mr~ Dave Kapel!. MR. DAVID' KAPELL: I would like to SUpport the idea. But it's difficult to go into and~I think it's ridiculous to ask the County to ~Ek:'-~B~ County to enter into an acqusition in the absepce of some. professionally arrived, at figure as to the coSt-or'this property, what it would represent in a condemnation proceeding.. I~ really don't understand how it can go--I hear 2 million dollars, the paper says 10 million dollars and somebody else 4 million dollars. The fact is I think it's very important for somebody in a professional capacity, I don t know whether ~t ~s the County Real Estate Depart- ment Who is more familiar with.County real estate values than anybody else, to be asked to give us some guidance as to exactly what the cost would be in a condemnation proceeding and that would give yo~ your answers with regard'to the taxes. It would also give this Board some feeling o~ what the magnitude of this project is. FEBRUARY 9~ 1982 59 SUPERVISOR PELL: Councilman Nickles will respond to that. COUNCILMAN NICEI~S: I think your point is well taken, because in a condemnation proceedingyou take the property and then the price is discussed or arbitrated at a later date. Once the decision is made for condemnation that's it. We talk about how much it's going to cost later. I just want to say you have a good point, we don't know whether it's 2 million or l0 mitIion and maybe to some of the people in the room iq it's 2 million or l0 million or 20 million. I think ~ Board would have to look into whether or not the Suffolk County Real Estate Department would offer some indication of value. MR. KAPET,T,: It would seem to me that if the County Executive in fact does support this project that he would lend the services of the County Real Estate Department and I think they're qualified. SUPERVISOR PELL: There is an answer coming from Attorney Pike. We discussed' it yesterday with Mr. Berger who was here. MR~ PIKE: Clearly the County of Suffolk doesn't buy it until it has an appraisal. As a matter of fact it won't buy it until it has two. Now in talking about a two year process, that doesn't even start until this resolution, is passed. Let's assume that it is passed, what you have is initially two resolutions of the County Legislature that Mr. Cohalan would have to work with his team and I think you would find that it is a bipartisan effort to get the resolutions through, One, to amend the capital budget to provide for an estimated acquisition figure, and two, to authorize~appraisals, two appraisals of the island and t would caution you that the professionaI~appraisal, the truly professional appraisal of Robins Island is going to be an unusually expensive proposition simply because there isn't anything comparable to it that has been sold recently. Nothing, it is an island. MR. KAPELL: It itself has been sold a couple of times in the past few years. MR. PIKE: That would result in two appraisals done by professionals and the reason I mention it is because it would be very very expensive to get an accurate appraisal for a small amoun~ of money. Some of the critical questions about the value of Robins Island have to do with the business aspects of developing it and those pend on questions of how many homes the island could actually support and you can't have a home unless you have water and nobody really knows how much water is under that island. And in order to find that ou~ you have to do a very very expensive study and monitoring of the water table. Now, I don't think that Mr. Townsend or any of these gentlemen are proposing that the Town pay for a 25 thousand dollar appraisal. Now, the County is equipped to do that but they're not going to do it until thev get a resolution out of the County Legislature authorizing teem to spend their money on such an appraisal and they're not going to pass that resolution until this resolution is passed. SUPERVISOR PELL: Thank you, Mr. Pike. I'd like to draw this to a close and turn it over once mere to the Town Board and ask if there is anything they would like to add before we call for a vo~e on the proposed resolution. Gentlemen of the Town Board is there anything you would like to add? Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the proposed resolution on Robins Island introduced by Councilman Murphy and seconded by Councilman TOwnsend (Resolution No. 7) be tabled. Vote of the Town Board: Ayes: Justice Edwards, Councilman Murdock. Abstain: Councilman Townsend. No: Councilman Murphy, Councilman Nickles, Supervisor Pett. This resolution was declared LOST. SUPERVISOR PELL: Back to' the Resolution~ (No. 7) that was introduced by Mr. Murphy and seconded by Mr. Townsend k Poll the Board. 7. VOTE:Vote of the Town Board: Ayes: Councilman To~msend, Councilman Murphy, Supervisor Pell. No: Justice Edwards, Councilman Murdock, Councilman Nickles. This resolutiOn was declared LOST. 60 FEBRUARY 9, 1982 SUPERVISOR PELL: Anybody else wish to address the Board on any other topic? (No response.) On motion of Supervisor Pelt, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 9:30 P.M, Vote of the Town Board: Ayes: Justice Edwards, Councilnm~. Townsend~ Councilman Murdock, Councilman NickleS, Supervisor Pell. This resolution..was declared duty ADOPTED; Judith--T. Terry TOWn Clerk