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HomeMy WebLinkAboutTB-03/23/198288 SOUTHQLD TOWN BOARD MARCH 23, 1982 WORK SESSION - March 22, 1982 3:00 P.M. - Baymen Jarvis Verity and John Witliams met with the Board to discuss their proposal to amend the Shellfish Ordinance to include a fee of $3.00 per person for resident non-commercial per~its and establish a limit of one hundred clams per person per day. It was decided later in the day to request the Bayme~, Town Trustees, Town Board members, and Town Attorney to review the Shellfish Ordinance to determine whether there are other proposed amendments. 3:20 P,M. - The Board began reviewing off agenda items: dredging projects, Code changes, landfill, Tercentenary Celebration, Captain Kidd Water District, civil service list for lieutenant and sergeant, New Suffolk~Avenue. EXECUTIVE SESSION 4:00 P.M. - Discussed personnel, 1983 contract negotiations, possible purchase of property, 201 Study. 5:30 P.M, - Work Session adjourned. WORK SESSION - March 23, 1982 9:20 A.M. - Began reviewing agenda. 12:25 P.M.' - Lunch. 2:10 P.M. - Reconvened Work Session and discussed Councilmen reports, and the next steps to be taken in solving the municipal solid 'waste management problem. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on TueSday, March 23, 1982 at the Southold Town Hall, Main Road, Southold, New York. Deputy Supervisor Murphy opened the meeting a-t-3:00 P.M. with the Pledge of Allegiance to the Flag, Present: Councilman Francis J. ~urphy, Deputy Supervisor Councilman· John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards · * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highx~y. Superintendent Raymond C. Dean · Absent': Supervisor William R. Petl, III Following the Pledge of Allegiance to the Flag the Board remainded standing for a moment of silent prkyer in memory of former Supervisor Norman E. Klipp who died on March 20, 1982. March 23, I982 On motion of Councilman NJ s~conded by Justice Edwards, it was RESOLVED that the minutes of the March 9, 1982 meeting of the Southold Town Board be approved as submitted. Vote of the Town Board: Ayes: Justice Edwards~ Councilman~ Townsend, Councilman Murphy, Councilman Murdock~ Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next Regular Meeting of the Southold Town Board wi'll be held at 7130 P.M., Tuesday, APril 6, 1982 at the Southold TOwn Hall, Main Road, South$1d, New Y~rk. ' Vote of the To~vn Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nicktes. This resolution was declared duly ADOPTED. DEPUTY SL~ERVISOR MURPHY: Supervisor Bill Pell' is away on vacation this week so we'll take over for him. The first order of business is Reports. These reports are on record with the Town Clerk. I. REPORTS t. North Fork Animal Welfare League, Inc. (February 1982). 2. Town Justice Edwards' report (January & February 1982). 3. Councilmen's reports. Councilman Townsend? COUNCILMAN TOWNSEND: A division of the Landfill Committee' met with the ~illage of Greenport to try to iron out some differences regard- ing the use of their sewer plant in solving the problem we have with ~cavanger waste in Southold Town, getting it out of the landfill. I think we made some progress and various members are working on di£fere~t specifics of it so I think we are well on the way to ~achieving agreement. COUNCIL~N MURDOCK: t had circulated an open letter expressing my ~pinions on municipal solid waste based on a letter that was in Newsday several weeks ago and the major concern I have is in their delibemations about multi-town solid waste management. When we originally started talking to the company that was the eventual successful bidder, the original price was 64 million dollars and when the time came to close the contract it had already risen to 140 million dollars. In the body of the story it also talked about the problems that people had in that the eventually successful bidder had no experience in that there were-none of these facilities avail- able in this counzry. The debate went on about different sources of separation, eventual quantities of landfilling necessary and it struck me that this was parallel to what the Town of Southold was going through now. I .circulated this letter to impress on my fellow members of the Town Board that if there are people who want to explore other avenues that we get started with it because I am very concerned about the length of time involved going to increase the cost of our eventual solution. Also, in the same vein, I received a communications from a firm called Resource Conversion Systems Inc. and it deals with a plant. They have currently two plants in operation, one in Houston, Texas and one in Toronto, Canada that has been in operation for a considerable period of time. Apparently there is a lot of front-end separation, what they call air classification, separating the aluminum which is a lighter metal from the heavier metal. It separates glass, increases the quality.of, garbage that is put into a incinerator and we discussed it at the Town Board and there will be a resolution authorizing the Solid Waste Con~nittee to go to Toronto to view this plant after we have a discussion with the engineering firm that recommended it to us. DEPUTY SL~ERVISOR MURPHY: Councilman Nickles? (Nothing.) Justice Edwards? JUSTICE EDWARDS: We had a disaster drill for Millstone I over on Fishers Island last Friday and it wen~ extremely well. We had a government observer come down from Portland, Maine and we also had a Northeast Utility observer come in. The observer for the government, this was the seventh drill that he had attended all over the country,. and he said that the organization that we had on the Island and South- eastern Connectic ut was one of the best he has ever seen. We still have some problems regarding the evacuation route of the people on the Island which our disaster team~is going to have to take up with the State of Connecticut. One other thing I would like to mention is March 23, 1982 as a twenty-five.year ham radio operator and the grandfa~ther of the Repeaters Operation in Southeastern Connecticut, at the critique that ' ~ we had Friday night the two meter FM network that wa~ set up in S~uth-- eastern Connecticut was applauded for the work that they did, the back- up that they did and also when Northeastern Utility was realizing the~ use of it and they are going to furnish some of the local talents plus I think they are going to put a station in M~Ilstone I for direct radio con~act out of Millstone. It was a' drill that was long. It started at five in the morning and went to three in'the afternoon and supposedly they are going to have one every year, year and a half or so, but it went well. Thank you~ DEPUTY SUPERVISOR MURPHY: Thank you, Ray, I hope it never comes about that:we have to use it. I'd. like to announce that there are two expirations of lerms. One for a member of the Board of ~ppeals, a five year term that expires 'April 30, i982, for Gerald Goehringer, and one for a Planning Board member, five year term, expiring April 30, 1982 (James Wall)~ We will accepl resumes up unti~ April !5th. We will make the appoint- ' ment at zhe nex~ Town Board meeting. Resumes to go to the Tow~ Clerk. As the Supervisor's representative I went to the Suffolk County Supervisor's Meeting. On the agenda was.the relocation .or'the S~ffolk County Court complex from Riverhead. There was tremendous opposition, naturally, from the five east end towns and quite a bit of support from the supervisors of the west end towns, mainly Ken BUtterfield from the Town of Hunting~on who wanted to be sure that the east~ end towns were considered and the impact that this. would have in moving this and in deciding any new location. Another very interesting project came out of this and it's the setting up of a research center using the universities on the Island. The towns wi~ii~have to supply a little bit of-seed money ~nd SUffolk COunt~,~ noi ve~ ~mich ~o get this started, but what he will do is he wi'~!~'~s~h~/,~aten~ and' various professors from'the various univers±tie~!{~d/~d~ basic research. One of t~e big things that they wo~Id be doin~ei got ~his thing started is looking into the relocation of the~ C0~ C~mple~ "Ii - would be a very good subject, On the'East End Supervisor's Association ther~is:a ing proposal for the towns to become self insured ~%~.~ar insurance. This will be presented to the tow~. - ; - I attended a meeting for Bill on Friday night of the Auxiliary and they're requesting the use of some owns in M~ttituck down near the Old Mill', the Anchor was, and we will coopera~e with them. They will provide , a search and rescue and patrol service on the Sound-for the summer months. It's a very good and a tremendous addition ~o the safety ~f~:~h~ people here. There will be a public informational meeting, i~ will be posted in the papers and on the Town Clerk's Bulletin Board, on input concern- ing two family conversions of houses. We would like as much in,ut: It will be on zhe 13th of April at 7:30 in here~ It's not an official public hearing, it's just to receive input from people. We would like as many comments before we make a decision. We are getting to a point where the Zoning Board of Appeals really feels that something should be done soon and as I said it's a heck of a ~ot better to do it before we have the gun to our heads~ COUNCILMAN MURDOCK: I'd like to Clarify just one thing with the..Coast Guard. I think we should emphasize that it is the Coast G~d' Auxiliary flotilla that will be providing the service out of Mattituck, not the Coast Guard itself. DEPUTY SL~ERVISOR MURPHY: '~ There will be quite a bit of p~!b~icity on it. ~The Coast Guard is doing lhe controI, they will handle the operation of insurance and the mo~ey and it will be the Auxiliary members and their boats using our property. II. PUBLIC NOTICES COUNCILMAN N~CKLES: 1.~ Notice from the Corps of Engineers, application by Dr. Robert t. Kaplan for a groin extension in Southold, located over at Cedar Beach on Liitl~ Peconic Bay~ Comments to the Corps of Engineers by April 6th. 2. From the Corps of Engineers,~ an application by Fishers Island Ferry Dis~ricz to reconstruction and maintain an existing~ ty in Silver Eel Pond. ~il-5th. March 23, 1982 3. From the New York Stat~ D~p~rtmen~ of Environmental Conservation, Notice of Complete Application by Charles Cuddy for Robert C. Nelson to subdivide 2.5 acre parcel into two parcels which is located on the south side of Goose Creek. Comment-date on that is March 31, 1982. 4. Notice of a hearing which was to be held on March 18th and has been postponed to Thursday, April 29th au 1t:00 A.M. at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport and will be continued if necessary on Friday,'April 30th. Petitions are Sunrise Coach Lines, Inc. to operate a bus line from the Village of GreenpOrt to the C~ty of New yolk'and ~he second petitioner is Hampton Jitney, Inc. to.operaie a bu~ line from the Village of Greenport to the hamlet of M~norville. III. COMMUNICATIONS DEPUTY SUPERVISOR MURPHY: 1. Street light request (Nancy Litlis) which will be taken care of. This has been approved under policy of the Street Light Committee. 2. Letter from Legislator Gregory Blass asking for our commen~s on the inclusion of Suffolk County in rent stabilization. The Town Board will send a letter to him stating our feelings. 3. Petition from several people concerning Horton's Point Lighthouse property. This will be given to Superintendent of Highways Dean to look into and see what can be done, and the Police Department. 4. Some time ago the Town Board tried to get a light down at Boisseau Avenue and now we are not getting a light I guess bum they have pus some No Parking signs, No Standing signs At Any Time and it haS an effect on one of the businesses there (Southo.td Liquor Store) and we will see if we can help them, 5. Letter from the Internal Revenue Service offering tax assistance to people. We are ~oing ro make copies of this and send it to the various senior citizen's clubs to include in their projects and announcements. 6. Letter from Isabelle Doyle, Senior Citizens Club Mattituck unit thahking the Town Board and stating how nice the work went on and how good the improvements were in the Senior' Citizen/Youth Center. The heating there has been a big improvement this winter, just the 91 bills alone. 7. Letter concerning policing the shoulders of the. road (Albert A. Abersmith) will be turned over the the Superintendent of Highways. V. RESOLUTIONS 1. Moved by Councilman Townsend, seconded by Councilman ~.~.urdock, WHEREAS, E. M. KOntokosta, for Jem Realty Co. (owner) by applica- tion dated January 25, 1982 applied to the Southold Town Board a permit to excavate sand, gravel, stone or o~her mater~at~ from premises located on the northerly side of Main Road, Greenport, New York, bounded generally northerly by Long Island Sound, easterly by Brecknock Associates, southerly by Route 25, and westerly by P. Sinuta, Town of Southold and others, and WHEREAS, the Town Board held a public hearing on said application on the 9th day of March, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue a permit to E. M. Kontokosa, for Jem Realty Co. (owner) for the excavation of approximately 30,000 cubic yards' of sand, gravel, stone or other materials from the above described premises, subject, however to the following terms and conditions: 1. The land between the proposed northerly line of the proposed excavation and the Sound bluff which was previously excavated-with- ou~ a permit be restored to its original condition before any¢ excavating operations on the remainder of the property commence. 2. The excavation and rehabilitation operations take place only on those areas shown on the rehabilitation plan filed with the Town Board. 3. A performance bond in the amount of $10,000.00, or cash in the amount of $10,000.00, be posted to guarantee rehabilitation. 4. All operations be completed by May 3I, 1982, including the seeding of the site. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock. Abstain: Councilman Nickles. This resolution was declared duly ADOPTED. March 23, I982 Moved by Councilman~Murdock, seconded by Councilman l~urphy, WHEREAS, Joseph J. Lizewski, by application dated December'll~ 198~ petitioned the Town-Board of the Town of SouthOld for a change of zone on certain property situated at Cutchogue, New Yorki ~ "A" Residential and Agricultural District to "B" Light Business District, and WHEREAS, the said petition was referred to the Southold Town P~lan- ning Board and the Suffolk County Department of Planning for official-recommendations and reports, and WHEREAS, the Tow~ Board, pursuant to due notice held a public hearing thereon on the 9th day of March, 1982, at 8:00 P[M., at which 2ime all interested persons were given an opportunity to'.be heard, now~ therefore, be it RESOLVED that Joseph J. Lizewski be and hereby is granted the relief. demanded'in said petition for the following reasons: t. This is a logical extension of the business district. 2. The neighborhood .is comprised of mixed non-residential uses. 3. The uses allowed in a "B" Light Business District would not be out of character with the existing uses:in, the neighborhood.. Vote of the To~m Board: Ayes: Justice Edwards, Councilman TOwnsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 3. 'Moved by Councilman Nickles, seconded by Justice Edwards, it was (c.) RESOLVED that the Town Board of the Town of Southg~d accepts ~he proposal of Briarcliff Landscape Inc. for a "TO~tal Years Lawn:and Shrub Progr'am" at the Southold Town Hall, Mai~ Road, Southold, at a cost of $679.00. Vote of the Town Board: Ayes: Justice Edwards, CoUnci~n TOwnsend, Cotmcilman Murphy, Councilman ~urdock, Councilman Nickles. This resolution was declared duly ADOPTED~ Mo,ved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED.that the application of Martin Sidor, dated~Febr~ary :10, 1982, for permission to maintain a single fa~ity~traiIer om his property located at south side of Oregon Road, Mattituck, be and hereby is renewed for a six (6) month period. Vote of the Town Board: Ayes: Justice Edwards, C0uncilma~ Townsend, ~ouncitman'Murphy, Councilman Murdock, Councilman Nickles. "~his resolution was declared duty ADOPTED. Moved by Councilman Murdock, seconded by Councilman Townsend, it was RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined ~hat the project, which is unlisted, will not have a significant effect on the environmet~. Description of Action: Application of Enconsultants, Inc. fo~ Kathrine Fart f.or a wetland permit to construct 13 ft. and 41 ft'. sections of bulkhead, 70 ft. by 6 ft. and 40 ft. by 6 ft. floating docks, and dredge an area 40 ft. by 20 ft. to:4 ft. below MLW;at the west side of Manhanset Avenue, Sterling Creek, Greenport, New York. The project has been determined not to have a significanl effect on the environment for the following reasons: An environmenzal 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 ~ime ~rom the NeW York'State Department of Environmental Conservation, it is assumed that there is no objection nor commenZs by that agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared-duly ADOPTED. Moved by Councilman Townsend, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Board declare itself lead agency in regard ~o the State Environmental Quality Review Act in the matter of the application of Enconsultants, Inc. for Anthony E. Vallace for a wetland permit on certain:property located On .the corner of Nassau Point Road and Old Cove Road, Nassau Point, Cutchogue, New York. Vote of the To%~ Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. March 23, 1982 - ~ 93 7. Moved by Justice Edwards, seconded bY Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3:00 P.M~, Tuesday, Apri~ 6, 1982, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of Cheryl Pagnozzi for a permit under the provisions Of th~ Wetland Ordinance of the Town of Southold to construct a float, ramp, catwalk and .four mooring piles at Jockey Creek, off of the so~th s~de of JockeY:Creek Drive, Southotd, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, CoUncilman Nickles. This'resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman ~{urphy, it was RESOLVED that the Town Board of the Town of Southold set' 3:'05 P.M., Tuesday, April 6, 1982, Southold Town Hall, ~ain Road, Southold, New York as time and place for hearing upon application of Friedrich Krug for a permit under the provisions of the Wetland Ordinance ~he Town of Southold to replace timber bulk~ ~-~d backfill with clean sand fill to be trucked in from upland source at Budd's Ppnd, off Budd's Pond Road, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman ~ownsend, Councilman Murphy; Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement with the State of New York, Division of Substance Abuse'Set'Vices f'or s. Drug Abuse Prevention Council Grant in the amount of $3,000.00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 10. Moved by Justice Edwards, seconded by Councilman Nicktes, it was RESOLVED that the application of Walter an~ F~nk 'Sawicki, North Road, Southold, New York, dated March 11, 1982, for permission to locate a single trailer on their property located at the north side of Old North Road, Southotd, New York be and hereby is' Granted for six (6) month period. Vote of the Tow~ Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. ~ This resolution was declared duly ADOPTED. 11. Moved by Councilman Murdock, co-sponsored by Councilman Murphy, and seconded by Councilman Townsend, WHEREAS, by resolution dated June 3, 1981 the Southold ~mown Board indicated its support for the preservation of Robi'n's Island in its natural State, and WHEREAS, the Board believes that the preservation of the Island is a regional concern and that the Island's preservation would be a benefit to the entire region, and WHEREAS, the County of Suffolk has established a Nature Preserve for the specific purpose of preserving land like Robins Island, which has not yet been utilized on.behalf of the people of Suffolk County, and Wt{EREAS, the Long Islan~ Chapter of Nature Conservancy has by letter dated March ~, 1982 stated its willingness~to ~anage the Island, and has agreed "to undertake at its own expense, a preserve design program immediately upon passage of the home rule message by the Town of Southold", and WHEREAS-, the County Executive has indicated his willingness and desire ~to seek County acquisition of the Island and dedicate the same to the Nature Preserve, and to enter into an agreement with the Nature Conservancy for its management, now, therefore, be it RESOLVED that the Town Board does hereby go on record as favoring and hereby gives its consent to the acquisition of Robins Island by the County of Suffolk, and the permanent preservation of th~ Island through dedication to the County Nature Preserve and manage ment thereof~by the Long Island Chapter of the Nature Conservancy at no expense to the Town of Southold. Vose of the Town Board: Ayes: Justice Edwards,.Councilman Townsend, Councilman Murphy, Councilman Murdock. No: Councilman Nickles. This resolution was declared duly ADOPTED. DEPUTY SDTERVISOR MURPHY_: I would'like to say at this time I'm sorry that Bill Pell isn't here. Bill has worked very hard over the year since it really came to a head and he March 23, 1982 me to pass on the word that he hoped that it would pass today and he's very glad that it has you can be assured. I would like to wish all of those who worked so hard good luck in their future endeavors. You've got a long road aheadl COUNCILMAN MURDOCK: I would also liketo make one comment'_ I would like to thank Henry Berger for the effort that he put in co-relating the County Executive's Office and Nature Conservancy in bringing the vwo parties together and assisting me in getting the language worked out so that we could all agree on a Program tha~I hope is the optimum for the Town of Southold. I iirm.ly believe, however, that nothing pleases all people. But.'I hope history proves that this was the best method available and I again would like to thank Henry for all of his efforts. DEPUTY SL~ERVISOR i.URPHY. We will hold Resolution No. 12 and seek input from the Trustees and Baymen on other suggested amendments to the Shellfish Ordinance. 13. 14. 15. (a) Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the. Town Board of the Town of Southold gran~s permission to the Cutchogue Fire Department to-use Town Roads for formation and their 15th Annual Parade and Drill to be held on Saturday, July 17, 1982 at 6:00 P.M. (raindate Sunday, July 18, 1982 at 2:00 P.M.), provided they secure the ~ecessary insurance to hold the Town of Southold Harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 5{oved by Councilman Nickles, seconded by Councilman Murphyi it was RESOLVED that the Town Board of the.Town of Southold will hold a public hearing at the Southold Town Hall, Main Road~~ Southold, New York on Tuesday, April 20, 1982 at'3:30 P.M., at which ti~e and place all interested persons Will be. given, a~/¢PPO~tunity ~o be heard upon the following matter: "A LoCal LaTM ~-~amend Chapter 92 of the Code of the Town of Southold ~n relation'to traf:~c regulations", which reads as follows: Be it enacted by the Town Board of the Town ~.f Southold ~ follows: Article IV of Chapter 92 of the Code of the Town of Southold is hereby amended as follows: ; I. By amending Section 92-42 thereof by adding thereto the following: Name of Street Shipyard Lane Between- the Side Hours of Both t0:00 P.M. & 7:00 A.M. Location In East Marion from the guardrail at the southerly terminus northerly for distance of 160 feet. II. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Nickles, it was RESOLVED that the To%wn Board of the Town of Southold''c'r'eat'e' ~'he position of Executive Adminis'trator to the Supervisor/Town Board, who~will assist in planning coordination and perform administative studies and assignments in the management of departmental operations of the Board of Appeals, Planning Board, Building. Vote of the Town Board: A.yes: Justice Edwards~ Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolutio~ was declared.duly ADOPTED. 15. Moved by Councilman Murdock, seconded by CouncilmanNickles, it was (b) RESOLVED that the Town. Clerk be and she hereby directed to advertise for resumes' ~'or the pOsi~ Administrator to the Supervisor/Town Board, stating up to $18,000.00 and specify that resumes are to be received by the Supervisor no later than April 30, 1982.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, CouncilraanMurdock, Councilman Nickles. This resolution was declared duly AI~)PTED. March 23, 1982 95 we would like to question him fi~t~ ~n~the legality of it. But, we certainly do appreciate his e~f~.~v~tunt~erin~ to do this. 17. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town oT Southold acce'Dt' 'Letter of Credit #0182 from The North Fork Bank & Trust Co., Nattituck;~ New York in the amount of $325,000.00~ as ~ 'ONE _~VEAR performance bond by Ronald Reese, Christ'ine Reese and Harold Reese, Jr. for roads and improvements in the subdivision known as Urand~view Estates at Orient, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 19. Moved by Councilman MUrdock, seconded by Justice Edwards, WHEREAS, the tidal waters and tidal wetlands adjacent thereto are among the most valuable natural resources of the Town of Southold, and WHEREAS, it is the public policy of the Town of Southold to take such action as deeded necessary to protect and preserve its tidal wa~ers and tidal wetlands for their conservation., economic, aesthetic, recreational and other public uses and values, and WHEREAS, in the Town of Southold, in the recent past, petroleum products s~ored in petroleum storage facilities located in close proximity to tidal waters have been permitted to be discharged into the adjacent tidal waters, as a result of defective equipment and/or carelessness or mismanagement of the owners and/or operators of such facilities, and WHEREAS, the potential danger Of future discharges of such products into the tidal waters and tidal wetlands of the town will continue to exist if such facilities are permitted to be located near such tidal waters and tidal wetlands, thereby threatening the quality of such waters and wetlands, as well as endangering fish, shellfish, aquatic wildlife and beneficial marine organisms, and WHEREAS, the Town Board believes that to protect its tidal waters and tidal wetlands, and the marine life contained therein, against such future discharges that petroleum storage facilities should not be located within 1,000 feet of such waters and wetlands,~ and WHEREAS, the Town Attorney has drafted a proposed Local Law, which amends Section 100-114 of the Zoning Code to provide that petroleum storage facilities should no~ be located with 1,000 feet of tidal waters and tidal wetlands, which Local Law has been presented to the members of the Town Board at this meeting. ~ NOW, THEREFORE, ~T .IS RESOLVED AS FOLLOWS: 1. That the Town Clerk shall transmit a copy of said Proposed Local Law and a copy of this resolution to the Southold Town Planning Board, and shall, in a written request, instruct said Planning Board to prepare an official report with its recommendation pursuant to and in accordance with Section 100'150 of the Town Zoning Code. 2. That-the Town Clerk shall transmit a copy of said proposed Local Law and a copy of this resolution to the Suffolk County Planning Commission for its action pursuant to the provisions of the Suffolk County Charter. SAID PROPOSED LOCAL LAW TO READ AS FOLLOWS: A local law ~o amend Chapter 100 of the Code of the Town of Southold in relation to petroleum storage facilities. BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold is hereby amended as follows: Section 1. By amending Section 100-114 (Prohibited uses in all Districts) by adding thereto a new Subdivision J, to read as follows: J. Storage of Petroleum Products. Notwithstanding any other provisions of this Chapter, storage facilities, with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures, and accessory equipment designed, used or intended to be used for the-storage of gasoline, ~uel oil, kerosene, asphalt,, or other petroleum products shall not be located within one thousand (1,000) feet of tidal wa~ers or tidal wetlands. Section 2. This Local Law shall take effect immedialely. Vote of the To~--~r~: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southotd hereby determines, upon recommendation of the Southold Town Trustees 96 March 23, i982 20. 21. and Southold Town Conservation Advisory Council, that a permitl is not required for Wetland Application No. 82 by Enconsultants, Inc. on behalf of Matt-A-Marr Marina, and be it further RESOLVED that the filing fee of $25J00 for said Wetland.Appiication No. 82 be returned to Enconsuttants, Inc. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Council'man MurdOck, Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Councilman Nickles.. it was RESOLVED that the Southold Town Board Landfill Committee consisting of Councilman Murdock, Chairman~, COuncilman Murphy and-Councilman Townsend, and Superintendent Of Highways Dean be and hereby.are authorized to travel to Toronto,. Canada 'to view Resource Conversion Systems, Inc. municipal solid waste plant, and that the necessary e~penses for 5ravet, meals and lodging shall be a legal charge against the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, this Board has learned with deep sorrow Of the death ~of Norman E. Klipp, and WHEREAS, in his service to the people of the Town of Southold as Town Justice From 1934 through 1946, Supervisor from 1947 through 1959, and Suffolk County Clerk from 1960 through 1968, ~. Klipp distinguished himself as a dedicated and conscientious public. servant, now, therefore, be it RESOLVED that the Town Board of the Town of' Southold here~y gives formal expression of its loss in the death of Norma~ E. Kiipp, a man esteemed by his associates and respected by a~l;- and b~ it further RESOLVED~that when the Town Board adjOUrns'~hi$ day;:~it does so out of respect to the memory of Norman E. Ktipp;!~and_be~ it further RESOLV~D~ that a .copy of this resolution be spread: upon the minutes of this Town Board meeting and a copy be transmiit~d 't'o th~ family of Norman E. Klipp that we may extend to them our s~ncere ~ympathy. Vote of the T~wn Board: Ayes: Justice Edwards, c6~n~:ilm~ Councilman Murphy, Councilman Murdock, Councilman Ni~kles. This resolution was declared duly ADOPTED. DEPUTY SL~ERVIS©R MURPHY: That's the.end of the resolutioas. I'd like to ask the Councilmen if they have anything further to say, s~ar~ing With Joe Townsend? (N~, thank you.) .Larry? (After the public gets finished I would like to make one comment.) ~ohn? (Not a~ this time.) Ray? (Nothing.) I'd like to open it up,tO the floor if anyone would like to say something? Frank Bear. ~. FRANK BEAR: This is a landmark day in our effort to save Robins Island. I want to speak not only on behalf of mysetf, b~t I'm sure on behalf of all of those who have. been working on this project. A sincere thank you to the members of the Town Board~for passing this resolution today. This is an effort, as you know, that goes back more than two years. We have gone step by Step to the Robins Istand Advisory Committee, the resolution which, was proposed by Councilman Murphy for placing the Town Board on record and approving the preservation of the Island in its natural state, the resolution which was presented some time ago by Supervisor Pell for preservation of the Island, and for the consideration that has been given this by all'the members of the Town Board, Councilman Murdock, Councilman Townsend and Justice Edwards for the work that they have done. I'm sorry that that Councilman Nickles doesnlt feel that he can go along with us but he has a right to his oDinion. We intend now to proceed in our effort to bring this matter before the Legislature of the County and to raise the money necessary for the management of this Island. We're confident thai we're g~ing to succeed in this effort, although time seems to pass a lot faster than we would like. We do appreciate what has gone on here today, for the support that has been given ever since the beginning of this by the Supervisor and by Councilman Murphy an~ the support that has been given here today by the gentlemen who vo~ed for this. Thank you very much. MRS. M. J. PAUL: I certainly dittb whatever Frank said and also March. 23, 1982 that way--with Robins Island developed, I can only say, ask your grandchildren. In my chitdhoo~J~~ ~p in my grandfather"s home on ~ttituck Creek and I fished, clammed, swan in unpolluted waters and we all know what happened over the years. It's very likely with your resolution, it's courageous, historic, today that our grand- children will never have to face that pollution when they swimoff Robins Island. If you don't have any grandchildren to ask, ask someone elses. They'll thank you for it. Now I would li~e to give each one of you a Save Robins Island bumper sticker. It never hurts to advertise. I hope you'll put them on the back of your cars. Thank you very much. DEPUTY SL~ERVISOR MURPHY: Thank you, N.J. Anyone else care to comment at ~his time? Councilman ~urdock had something to say. COUNCILMAN MURDOCK: I would like to comment a little on what I consider the entire spectrum of Robins Island, but at any rate the entire spectrum of Robins Island. The connotation that I object to very strongly that has been fostered in the newspapers-- I don't know if the newspapers foster what they hear on the street or the street is hearing what is fostered in the newspapers, but I as a member of the Southold Town Republican Committee know of at no time that the Southold Town Republican Committee every expressed an opposition to the preservation of Robins Island. I will agree and I will agree wholeheartedly that individual members of the Committee did resent or worked against this effort. I also respectfully submit to every~body concerned that there were members of the Southold Town Democratic Committee, up to and includ- ing their Vice-Chairman, who were opposed to the preservation of Robins Island and worked just as diligently within their own party. I don't think an issue like Robins Island should have been labeled a political issue. I still don't feel it's a political issue and I would like at Some point, somewhere that the record show that the people of the Town of Southold labored long and hard together for a solution to the problem as opposed to a politically sponsored program because I Certainly don't feel it was politically sponsored nor were my motives--spe~king for myself--I know my motives were not politically inspired and it m~de the work harder for people involved when it was given labels tha~ were nor earned. Thank you, Frank. DEPUTY SUPERVISOR MURPHY: Anyone else care to say anything? ~ John. COUNCILMAN NICKLES: I would like to make a few comments on Robins Island. I think everybody clearly understands where I've stood on this issue for the last two years. I suppose I've been labeled a developer or something like that but I've always been ~or preserva- tion, not £or total preservation, but for limited development so that we could preserve our tax base and at the same time preserve those areas on Robins Island that are fragile. I don't think it is necessary at this point in time to resta~e my position but I would like to offer my congratulations to the Save Robins Island Committee. I know they have worked hard, but they've been persistent. They came back to the well as often as was necessary and.I hope they at this time what they want. I would add one other comment, I wish them luck with the COunty and I hope they don't have to come back to this Town Board again, because I.feel that this issue in many cases has been an emotional issue and has obscured many things that are important in this Town besides Robins Island and I hope we can get on and do the business of the Town. Thank you. DEPUTY SUPERVISOR MURPHY: Thank you, John. Anyone else care to comment?- (No response.) Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that there being no further business to come before this Town Board meeting adjournmen~ be called at 3:55 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. Terry Town Clerk