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HomeMy WebLinkAboutTB-04/08/1980SOUTHOLD TOWN BOARD April 8, 1980 WORK SESSION Chief Cataldo met with the Board to discuss the $40,000 Youth Grant he has applied for to the Department of Criminal Justice Coordinating Councili The purpose of the grant is primarily To obtain seed money to provide for youth services aimed at youth causing police Oriented problems. A youth Services Coordinator will run the program at a salary of approximately $18,000. The grant will also include a van for ~ransportatlon and money for three part-time assistants to the coordinator, as well as office equipment. Councilman Drum and Nickles have reservations about initiating a program which might end after one year and then would require Town funds to continue. Councilman Murdock concurred. Supervisor Pell stated the present $10,000 youth ~rant and the $40,000. proposed grant would dovetail very nicely. 10:00 A.M. - Mr. John Strang and Mr. Bob Sh~mick presented the Suffolk County Department of Transportation program bus improve- ment service. Phase I of the program consists of two major elements: the initiation of new feeder bus service in 25 selected communities throughout the County, and the initiation of new or improved bus service on five major line-haul routes along major roadways. The Town of Southold will be the pilot program for the entire county and should start at the end of June 1980. They expect to fund this program 30% from the fare boxes, 35% from the County budget and 30% from ½ State and ½ Federal funds. It is expected the program will cost three and one half million annually. The feeder bust.system will consist of 13-16 passenger vans which will circulate through communities and connect shopping centers, senior citizen centers and major bus lines six days a week.--Mr. Strang and Mr. Shimick will be back to the Board in the near future with firm schedules. They requested the Board to submit suggestions for the feeder lines in Southol~ Town~ 10:30 A.M. - Mr. Luke Galfano and Mr. James Dunne of Baldwin & Cornelius, Co., Consulting Engineers and L~nd Surveyors, made a presentation to the Board concer'ning the 1979 New York State Transportation Bond Act. They propose to look over the Town highway system and sift out critical problem areas and select projects that should be first put forth for the program. Super- visor Pell and Highway Superintendent Dean wlll review both their proposal and that of Holzmacher, McLendon and MUrrell before the next Board meeting and make a recommendation to the Board as to which firm should be hired (H2M made a presentation at a prior Board meeting.) Yt was emphasized that the money must be expended to substantial completion of the job before the Board receives reimbursement of approximately 75% of the expenditure. 11:30 A.M. - Mr. William Esseks, attorney for the owners of Robins Island, Mr. John J. Raynor, P.E. and architect for the development plan for Robins Island spoke to the Board concerning the proposed development of the island with 28 lots. They have filed a sketch plan with the Planning Board and provided a copy for the Town Board to view. (Mr. Henry Raynor, Chairman of the Southold Town Planning Board, Mr. Frank Bear of the North Fork Environmental Council and Mrs. M,J, Paul fo the Save Robins Island Committee were also present.) Mr. John Raynor emphasized that the enti~e march area and common areas would remain strictly open and available to scientists from the N.Y,S.-D.E~C. There are existing buildings on the Island which would be used for recreational facilities and a helicopter landing area will be constructed in that area~ Access to the i~'-wiil be by-abaat.~es~igne~ ~6-~ak~ one~iarg~.ve2LtCZe~and However, they anticipate prime ~ccess to the island to be by helicopter. Mr. Esseks stressed that the developers will grant appropriate covenants, restrictions and easements to the Town To guarantee that the common areas remai~ open. They w~nt to insure APRIL 8, 1980 that the island remains private. Mrs. Paul expressed concern about noise from helicopters and getting materials to the island for construction of homes without destroying the island. Mr. Bear cited the use of bulldozers to build homes and construct roads as a major cause of destruction of The island. He pointed out the presentation ~o the Board of approximately 2200 signatures on petitions to preserve the island and urged that the petitions not be ignored, and the Town Board go on record supportin~ county acquisition of the island for a nature preserve, all 4~4 acres. Mr~ Bear indicated that it is his opinion there might be a con-ftict of inter~st with Councilman Drum, a real,estate salesman and Councilman Nlckles, a real estate broker and president of the Eastern Suffolk Board of Realtors. Mr. Mr. Drum and Mr. Nickles said they resented the implications made by Mr. Bear and said they were elected to represent all of the people in Southold Town and act in,their best in~erests'.on each matter that comes before them. Councilman Murdock asked Mr. Esseks if the developers would consider selling the development rights to the middle common area on the island to the Town and Mr. Esseks said there would be no objection. He further stated that he would be willing to have the attorneys for the N.Y.S. - D.E.C. and the Town draw up whatever convenants they wished to protect the natural sta~e o~ the open area on the island. The Board audited the bills and reviewed the agenda. A regular meeting of the Southold Town Board was held on Tuesday, April 8, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervmsor Pell opened the meeting at 7:30 P.M. with the Pledge of Allegmance to the Flag. Present: Supervmsor William R. Pell III Councilman Henry W. Drum Councilman John J. Nickles Couacilman Lawrence Murdock, Jr. Councilman George R. Sullivan * * * Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Deputy Supervisor Marie Bauer JohnSon Absent: Justice Francis T. Doyen On motimn of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the minutes of the March 25, 1980 meeting o£ the Southold Town Board be and hereby are approved as submitted. Voteof the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Couacilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion ofCouncilman Nickles, seconded by Councilman Drum, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 3:00 P.M., Tuesday, April 22, 1980 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Oouncilman Murdock, seconded by Councilman Drum, it was RESOLVED that the following addited bills ben'and hereby are ordered paid: General Fund Whole Town bills in the amount o£ $28,792.03~; General Fund Part Town bills in the amount of $11,904.62; Highway Department bills in the amount of $12,700.51; and Fishers Island Ferry District bills in the amount of $30,256.36. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. REPORTS 1. Councilman Murdock reported on LILCO coal conversion proposal at the Northport facility. Councilman Murdock stated that since LILCO does not want to spend the two bi~lion dollars to convert they have given figures on what they consider zo be problems involving the operation of Northpor~ as a coal plant. APRIL 8, 1980 He ~ransposed the figures to assD~e ~ha~ is. wrong with operating - a coal plant in Northport wllt D~"~s'wr~ng operating a coal plant in Jamesport. The figures in the LILCO coal conversion report should translate to the usuage of the coal burning facility in Jamesport. The economic regulatory administration is ordering LILCO to s~op burning oil in the Northport Power Station. LILCO, in opposing this position, issued a report on the negative problems in operating the Northport facility burning coal. Their primary concern is the approximate two billion dollar cost in making the conversion. The following digures and estimates should apply to operating a LILCO coat burning plant in Jamesport with the same generating capacity as the LILCO plant in Northport. It is presumed both plants would have the same operating capacity. The facility would burn ten thousands tons of coal per day. This would mean a daily train, more than one mile long, 100 to 200 coal cars. Assuming it wOuld take a two day tr~p to the plant because they have to get through New York City and coincide with the heavy traffic here, a three day stay in the yard to stage and unload, a two day trip back to the loading facility, a three day stay for each staging and reloading back in Virginia means a ten day total trip for each car. That would mean they need ten thousand to twelve thousand cars, without backup cars for repairs. If the cost were $25,000~ per car., this would mean an expenditure by the railroad of $300,000,000. just for railroad cars. Since most railroads already operate in a deficit it would probably require the taxpayers to pay to fund this purchase of cars. Also, on the grounds of the facility, they would need more than three miles of railroad track and roadbed just to handle the trains for the given three days. They say an laternative to the railroads is an overhed trestle and conveyor running from the plant to an offshore loading platform two miles out in the Sound. A thrid alternative to build large jetties for barges ~o land directly at the facility. They recommend coal storage reserves at a fifty day supply on site so there would be no interruption in plant operation. This would require one half million tons of coal. The amount of coal would cover six football fields which is 300 feet long by 120 feet wide, times the six football fields which is 216,000 square feet or almost 6 acres. This would only be filled to a height of 60 feet. In addition they would need four storage silos for daily use, one silo for each furnace unit. Each silo is 150 feet kigh by 70 feet in diameter. You would need four scrubbers which is a unit to cleanse the smoke and four smoke stacks and he does not know how high. In operating the plant 13% of the dail~y coal used is returned as ash. 14% ofthe daily coal is returned as aludge fram the scrubbers, makes a total of 2700 tons a day of solid refuse, taken by truck to where they don't say. This would require 270 ten ton capacity trucks a day. Recommended by LILCO as the most practical way to dispose of the solid refuse is to dump it into the Sound. In addition to all the solid refuse, 73% or 730 tons a day of daily coal burned would be disbursed into the air. No discussion on the effect of fallout from this disbursemen~ is offered. These facts show a real threat to the environmenv of the North Fork and the Town of Southotd, -and particularly to the beautiful Sound from agricultural property in Jamesport. Some of the threats Councilman Murdock has outlined are: (1) The effect's on the air quality in the Town of Southold since the prevailing winds are westerly~ (2) the ground pollution from the leachate from the coal storage and chemical transportation. When it rains the six acres of coal will leach into the ground; (3) the erosion of the Sound front because of the jetties as was proven when Levon properties was developing the jetties in the same area. At that time there was substantial erosion and it was proved ~o the extend that the Corps of Engineers made them take those jetties down; (4) the pollutants in the Sound from a two mile overhead conveyor because the prevailing drift of the Sound is into the waters of Southold Town. It prevailingly drifts from a westward ~o an easterl.y direction. The other one is the aoise level and noise pollution in the air. What this would do to our wildlife and 7300 tons a day emitted into the atmosphere Councilman Murdock cannom begin to picture. Re looks at this as probably the most severe threa~ mo the environmenm of the Town of Southold that there has been in a long time. 2. Councilman Sullivan reported on the April 1 meeting of representatives of the North Fork Soccer Club, Inc. and Peconic Soccer League with Supervisor Pell and Councilman Murdock for the purpose of determini.ng how town funds would be allocated to both leagues. Representatives of the North Fork Soccer League included John McNulty, Dr. Joseph Lizewski and Troy Gustavson 6 APRIL 8, 1980 Representatives of the Peconic Soccer League included Hugh Gallagher, Audrey Layburn and Thomas Daly. After much discussion about the prior years' difficulty among the various soccer teams of Southold Town and the reasons why a new entity was formed, it was decided that team rosters would be submitted to the Board by July 1st and, based on the number of participants, Town funds would be contributed. Last year the Town donated $400.00 to Peconic Soccer League. This year there is a new entity involved and they are split between the two of them and the team rosters will be available by July Ist. 3. Councilman Murdock reported on the landfill. There Were two problems recently that are not usual. One was the very dry weather in the winter whereby the papers didn't get wet and during the first little blow of wind they picked up and took off. The second was one thing the Town Board had tried to correct originally in that when they bought the new peice of equipment it was ordered with a bucket and lip that ~olds down over the bucker so that as the refuse is transported from place to place in the bucket the lip holds it in the bucker. So far the bucket and lip have not been delivered and in order to save $1800 a Week in rental that the Town has been paying for a subsidary piece of equipment ~hey put the bucket from the old equipment on the new equipment so they could use the new equipment while they,_were waiting-for the new bucket and trap. That hopefully will solve maybe half of the blowing problem, The second half is probably harder in that they will always have loose paper and until they can figure out some way of keeping the wind from blowing too hard and too often they will probably have a paper problem. The major part of what they are concerned' with at~ the present time is that they are running out of space. They will have enough space To continue,the landfill operation for approximately two years and the committee would like the Town Board to consider bu~ing a peice of property adjacent to the landfill area that has been used for a sandpit. It is probably one of the few uses in existence of a hole that they have and need. If they could buy the property hopefully the State Department of Environmental Conservation will allow them To use it. The committee is asking that the Town Board start the process o~ appraising the property in question and-trying to buy additional land. 4. Receipt of the March ~1980 Highway financial report. On file with the Town Clerk. 5. Receipt of the Fishers~Island Ferry District March 1980 financial report. On file with the Town Clerk. 6. Supervisor Pell reported that there are 6 copy machines through~ut th~ To~n. Th~ le~s-e ran out ~n th~e machines last fall~ They have looked into IBM and Savin Copy mach%nea~ along width the present Xerox machines. Ail three proposals have been received and he has gone over them tentatively with ~Councllman Sullivan an at the next Town Board meeting ~hey will make a recommendation ~o the Town Board ~hethelr to rele~s~ Xerox o~ lessee another ty~e of machine. One machine would cost the To~n $4@~0&.a month/more and the others would cost $30.00 a month less. 7. Receipt of the Super~.isor's March i980 financial report. On file with the Town Clerk. 8. Receipt Of the Town~ Clerk's March 1980 financial report. 9. Supervisor Pell s%ated thgt when he firs~t stepped into his chair the £irst of th~ year he was asked to come to Fishers Island ~0r a meeting with the Civic Association. He went there and heard all of their complaSnts. He told them he would like to go back to the mainland and he would come back and try to straighten some of the problems out. There are two highway employees there on year- round employment making $12,000 each per year plus benefits. It seems the residents were very unhappy with the amount of production from the two employees for~various reasons. Highway Superintendent Dean went to the Island to set up a work schedule for them, They have time cards and they are trying ~o tighten the situation. They have set up a chain of command and are working on it with the Chief of Police and two constables. He thinks they are progressing in tightening the reins on Fishers Island. 10. Mr. Robert Muir has the lifeguards all set to go at the Town beaches. The Town Board has decided to open Gull Pond and Southold Town Beach on June 21st. On.~June 28th the rest of the Town beaches will be opened. 11. Receip~ of Justice Tedeschi's March 1980 financial report. On file with the Town Clerk. 12. Receipt of the Bay Constable,s March 1980 report. On file with the Town Clerk. APRIL 8, 1980 13. Supervisor Pell reported that the five town East End Supervisors met at Riverhead and had with them the Supervisor o£ Brookhaven township. Councilman Murdock was also in attendance. Brookhaven wanted to explore the feasibility of that township joining the move to make Peconic County six towns instead of five. They thought it was a good idea if they joined in. The east end supervisor listened to their tale of woe, thanked them very much and told them they were this far down the path as five towns together and would go on as they presently are. The Brookhaven Supervisor said he didn't blame them at all but he was sent to ask. 14. Councilman Drum reported that they were promised by Suffolk County they would have the County Dredge to commence dredging the New Suffolk Ramp area. He was down there this after- noon and the dredge hasn't arrived. Supposedly it will be done by the 15th of April.' 15. Councilman Drum said he has nothing to~:report on the Wage and Policy Committee, they did not meet. 16. Councilman Nickles reported that the Dog Pound Committee met on April 2nd. He was present, Supervisor Pell, Maria Tejo, Gladys Csajko, Superintendent of Highways Dean and Town Attorney Tasker. The purpose of this meeting was merely to provide informa- tion to the Town Attorney for a draft contract proposal betwen the Town and the North Fork Animal League/ The Town has been negotiating with the League for some time. Since the beginning of the year they have had three of four meetings and finally came to a point where they felt they were enough in agreement they could sit down with Mr. Tasker and put into a contract form, at which time they will:~ have another meeting after Mr. Tasker has it ready. Basically what they have agreed To is a Dog Pound/Shelter. There will be another meeting some time within the next month at which time he will report back to the Town Board. 17 (a). Deputy Supervisor Johnson reported that she attended the first working meeting of the County Executive's Housing Task Force. This was pretty much an organizational meeting and it was decided to set up some committees. The aim of the group will be to do something about the housing situation on the island. To try to find some way to being funds in to finance multi-family housing where it is needed. They are going to put considerable amount of e£fort also into funding reconstruction, renovations and perhaps just refitting existing housing, This probably is what we would see most of in Southotd Town. At the next meeting there is going to be a discussion of how to get some money for middle income housing. It will not all be for the low income people. 17 (.b). Deputy Supervisor Johnson then attended a meeting of the Long Island Associati6n of Town Environmental Officials. This is a group that started up a couple of years ago by the Nassau and Suffolk town Environmental Conservation Departments. These are all town officials who are involved with conservation and the environment. Their purpose being to get uniform regulations for clamming and fishing so that what brings a $25.00 fine in one ~own won't bring a $250.00 fine just a few miles down the coast~ There was another angle they had in their organization and that was it found that when the clamming and fishing in the Great South Bay area got to the point where the bottom was being damaged and juvenile fish were being taken, regulations started to be made tha~ were rather strict and prevented fishing so people just moved east to Moriches Bay and now the regulations are coming into Moriches Bay and the feeling is they are just going to keep on moving east. Therefore, these people have been very interested in trying to get east end towns involved in their association. Mrs. Johnson was welcomec royally because she was the first east end ~own representative who had ever attended one of their meetings. They also had a slide oresentation of Nassau County's sludge composting system which, hard to believe, was interesting. 17 (c) Deputy Supervisor Johnson reported on her meeting to the Suffolk County Legislature's Committee on Sa£e Drinking Water, They did not learn much more there than they had from the Town Board meeting. The only other thing that came out was some- thing that the local papers have reported on quite well, and that is if we ever do reach the point where the Town ~e~la~a~the ~re~ter ~par~o£"our drinking water undrinkable the Town can ged-five gallons apiece f~omth~ Corps Gf Engineers. However, the normal usage per person is 100 gallons so we will still have a problem. There was a discussion also at this meeting that cesspool additives which are a considerable problem and a discussion of a situation which was APRIL 8, 1980 not terribly unlike some o~ the problems in Mattituck where there were tanks that wer rusting away and there was a clean up problem. It seemed to Mrs. Johnson that in the discussion it went much more smoothly than the Mattituck Inlet problem has gone and when she discussed it she ended up having a little job of preparing a chronology of the whole Mattituck Inlet situation for the head of the committee who thinks it might be interesting to find out where the Town lacked information for knowledge of who To go to to get our problem solved. She is working on that. Another thing that came up was a discussion of the filtering systems we are seeing a great deal of ~advertising and merchandising for. Dr. Zaki of the Health Dep~tment says they have done no studies whatsoever on these. They are in the process of doing it. When they get to the point of deciding a particular water filtering system or even bottled water is not good they will advertise that. They are working on it. 18. Supervisor Pell'~reported that the Town Board for the last three Tuesday nights have met with five firemen, along with the Town Attorney to go over the New York State Fire Code page by page and they are going to come up with a Southold Town Fire Code. They have agreed amor~g themselves what it should be like. It is at~the Town Attorney's office now being drafted. Approximately the end of this month or the first of next month he will have it done and then it it is the intent of the Town Board to meet with information meetings in each fire house within the Town prior to having the required public hearing on a local fire code. This is where they stand on that. The Town Board has spent a long time, the last three weeks working on it, The Town Attorney has worked on it for man~ years, they have had many requests to work on a fire code and the Town Board has worked one out that they feel will be suitable to our Township. When everything is worked out a date will be posted at the different fire houses for public meetings. 19. Receipt of the Building Inspector's March 1980 financial report. On,file in the Town Clerk's Office. 20. Councilman Nickles reported that the Parks and Beach Committee met on April 2nd at 2:00 P.M. This was a meeting set up by Supervisor Pell with various park district commissioners on the north fork in ~he Town of Southold. They discussed the follow- lng items: Vandalism and littering at their parks, the Chief of Police was also present and it is very difficult to get people to stop throwing bottles out of windows and the Chief advised that when they hire the summer patrolmen he will increase surveilance in those areas. They also brought up reciprocal beach stickers idea, possibly inter-town and intra-to~vn which was not resolved. They also have a full-time employee in the Mattituck Park District which they inquired as to whether or not that person could be incorporated in the Town's group health insurance. When Councilman'Pell investigated this the Town Attorney advised it was not possible, but they could very well make application to the State which he suggested to them. The commissioners also inquired as to the possibility of working with the Highway Superintendent in setting up a cooperative type buying if they were buying equipment or ropes for the beaches they might get together and buy it cheaper. PUBLIC NOTICES 1. Supervisor Pell reported that on April 14th at 8:00 A.M. there will be a bus leaving the Town Hall for Albany, New York. They are asking a donation of $5.00 per person. There are six buses going from the five east end towns. Each town was asked to have one bus, to go and lobby for Peconic County. Assemnlyman Behan has arranged the entire day for the six bus loads of people. One-bus wilt--be the~Mili~aBand- f~om the south side. The bus will take the people to talk to the different people in Albany during the day time and a cocktail hour from 6:00 to 8:00 PM and return home approximately 1:00 to 2:00 AM. He hopes the bus from Southold will be full. If anyoen would like ~o go they should call his office and leave their name. Presently 15 people have signed up to go. It is a 49 passenger bus. The $5.00 donation is not mandatory. The cocktail party and buses are being paid for by-the Peconic County Committee. 2. NotiCe from-~he New York State Departmen~ of Environmental Conservation upon application of William Thompson to cons~ruc~ a catwalkLand floating dock in Mattituck Creek at the southeast end of Canoe Path, Mattituck. Comments to the DEC at Stony Brook before April 16th. Copy on file in the Town Clerk's Office. 3. Notice from the NYS DEC upon complete application of Bernard J. Pelgrim to construct a one family ~welling. Response APRIL 8, 1980 date is April 16th. Located on the north shore of Corey Creek, south side of Corey Creek Lane, Lot 17 of Section 78 Block 4. 4. Notice from the NYS.DEC of complete application of Baxter Properties, Inc. to create a four lot subdivision on 8.4 acres. Response date April 16th. Project site is on Long Island Sound north side of Oregon Road at intersection of Bridge Lane, Cutchogue. 5. Notification from the Department of the Army, Corps of Engineers upon applicationof William C. Thompson to construct a pile supported timber catwalk, ramp and attached floating pier for private recreational use at Mattituck Creek. Response date is March 21st. 6. Resumes will be accepted for the Planning Board and Board of Appeals. The term of Frederick E. Gordon on the Planning Board expires April 30, 1980 and Terry R. TuthilI on the Board of appeals expires April 19, 1980. Resumes will be accepted until April 18th. COMMUNICATIONS 1. In Mattituck between the Anchor Inn and old Mill Inn the Town has a 50 ft. bulkhead which needs repairs. The Board has asked for estimates. Costello Marine Constrcting Corp. has sub- mitted one estimate. It is in serious condition and might lead to a washout. 2. The Chamber of Commerce building near the Lutheran C~rch has requested permission of the Town Board to add to their building. They have a lot of cars stopping there and they would like to add on to it. The Town Board discussed it and said they would consider it subject to Town Board approval. The Board would like to see what they are going to do_be£ore approving it. 3~ Complaint about cablevision from Mrs. Mrytle J. Cart, New Su£folk which will be forwarded to the Long Island Cablevision Corporation. 4. Notification from the Association of Towns conoerning a bill which would provide that a refund of school district taxes due to a reduction in assessment as a result of a certiorari pro- ceeding will be a town charge and not a school district charge. This will be researched to see what the Board wants to do about it. 5. Letter from Huntington Town Supervisor Kenneth C. Butterfield relative ~o county sales tax. There are 500 towns in the State of New York that get ~eimbursed from part of the county sales tax. Mr. Butterfield requested that the legislature consider giving the ten towns in Suffolk County part of the sales tax. back. Supervisor PelI will respond that the Town of Southold is in favor. 6. Complaint relative to Captain Kidd Water Company. This does not apply to the Town Board. 7. Letter from the New Suffolk School Board expressing their thoughts on Robins Island. They are opposed to taking the land off of the tax rolls and making it a sanctuary. 8. Letter from County Legislator John J. Foley asking the Town Board's feelings about the County Executive's Open Space Program. This was discussed at the work session and basically what the Board feels is that the Town of Southold should control only the open space in this township. Supervisor Pell will so advise Mr. Foley. 9. Notificiation from Long Island Cableivision of a rate increase from $8.95 per month to $9.95 per month beginning May 1, 1980 for their luxury optional movie service. HEARINGS & DECISIONS Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, Diane Gazza applied to the Southo~d Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 20, 1980 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 the 25th day of March, 1980, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BEFIT RESOLVED that Diane Gazza, 2850 Cedar Beach Road, Southold, New York be and hereby is granted permission under the provisions of the Wetaldn Ordinance of the Town of Southold to construct a £1oating dock and catwalk of 4ft. width over the wetlands of her property at 2710 Cedar Beach Road on Dryads Basin, Southold, New York. 0 APRIL 8, 1980 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. RESOLUTIONS Supervisor Pell stated that the first two resolutions-h~ is going to offer tonight are net on the agenda. He has nov discussed them with the Town-Board at all. It is his own personal feelings on Robins Island. He has been asked by many people and asked by the Town Board what his position would be. He has drafted a resolution which will be offered. He asked Deputy Supervisor Johnson to read the resolution. Supervisor Pell said that as the County Executive ~ said when he was here some of his friends are for it and some of his friends are against it and they are all his friends. This is not the Town Board's position, it has not been discussed. He is offering it in the form o£ a resolution. RESOLUTION: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, County Acquisiton or Robins Island, Town of Southold- Resolution made by William R. Pell ~II, Supervisor Robins Island, a 400+ acre aatural island in the Town of Southold, is a unique natural rea, and it has been recommended for preservation by the Suffolk. County Planning Commission since 1960, and several recent proposals have discussed the public acquisition of Robins Island, and the Island is of prime concern to the Government and people of the Town of Southold, and the proper disposition, management, and use of th~s Island could be of great economic and envirOnmental benefit to the Town of Southold, Now Be It Therefore That the Town Board of wouthold wishes to go on record, by adopting this home rule resolution, that it is in favor of the protection and preservation od this important peice of southold real es~¥~ate, md Be ~t Further. That the Town Board of the Town of Southold wishes to inform the County Executive, the Legislature, and Legislator Blass, o£ the Town's support for the County acquisiton o~ Robins ~sland, if it is to be in accord ~ith the following: 1. That the Island be acquired by the County of Suffolk under the provisions of the Nature of the SuffOlk County Charter to insure that the Island will .remain a preservation area in perpetuity and not at any time developed for intensive park purposes. 2. That the County assign adequave rangercontrol to insure safe monitoring of the Island, and that the ranger control be under the Town jurisdiction. 3. That the management policies be assigned to the Town of southold so that the effective control of the Island be at the Town level in order to protect the interests of the people of the Town -- a policy that already is in existence whereby County Park. properties such as the County holdings at Shinnecock in the Town of Southampton, are managed by the municipality rather than the Counvy. 4. That the County phase out the tax burden to the New Suffolk school district and the Town of Southold by including within the acquisition a twenty year tax phase out program that would reduce the contribution to the district and Town by fi~e percent each year during the twnety year period. Councilman Nickles seconded the mo~ion so there can be discussion on the resolution. Supervisor Pell offered a motion to table the resolution before the foregoing resolution is voted on until the next Board meeting. He does nov expect a vote tonight, he just wanted to get it on the record. He did nov want anyone on the Board to vote on something that imporvanv without having the time ye discuss it thoroughly and review it. Councilman Drum agreed, he said a motion of this length and to present it in such a manner at this time without having had any inkling or any discussion whatsoever this afternoon will take time ye digest APRIL 8, 1980 the motion of that length and the variaus items. It would be most appropriate that they wait. Councilman Drum said Supervisor Pell was asked his feelings at the afternoon work session and he did not wish to discuss it. Councilman Nickles stated he seconded Supervisor's Pell motion so it could come on the floor and there would be discussion. Councilman Nickles seconded Supervisor Pell's motion rel'ative to Robins Island. Town Attorney Tasker stated that there are not two motions and he felt the first motion should be withdrawn. They have a motion to pass the resolution and on top of that before that has been acted on they now have a motion to table it. He believes the first motion should be withdrawn. Supervisor Pell stated he check with Robert's Rules and---Town Attorney stated it is his rulin§ and he does not know that the Town Board is guided by Robert's Rules--Councilman Drum said he feels Supervisor Pell has made his point and therefore could withdraw the motion.--Supervisor Pell agreed. He said it would be put on the agenda for the next Town Board meeting and he s~ated he will sit next Tuesday, April 15th from 1:00 P.M. to 7:00 P.M. at the Town Hall to speak to anyone who wants to come in and go over his proposal for Robins Island in detail. Supervisor Pell withdrew his motion previously offered relative to the County acquisition of Robins Island. Councilman Nickles withdrew his second to the motion. A member of the audience said he wishes to hear the Board's discussion on Mr. Pell's motion.---Supervisor Pell said that he thought ouz of courtesy to the Board, that he would like to give the Board time to study the resolution, talk it over with him and research it so they will be familiar with it. That is one of the reasons why he does not feel it is justifiable to his colleagues to discuss the proposed resolution tonight. They asked him at 4:00 in the afternoon what his feelings were on Robins Island and he did not feel he had sufficient time to go over it point by point with them. It is part of the public record now, they all heard it for the first time, they do not have copies of it. He will put in on the agenda in two weeks when they meet again and it will be discussed at that time publicly. RESOLUTIONS 1. On motion of Councilman Sullivan, seconded by Councilman Nickles, it was RESOLVED that the maintenance bond in the amount of $16,770.00 posted by Rolands Electric Inc. for electrical work £or the Town Hall Addition to guarantee the sal~ ~Qrk against disintergration due to ~aulty workmanship and material for one year beginning Jannary 1, 1979, be and hereby is releas~ed upon recommendation of Greenman~Pedersen AssociaTes, P.C., consulting engineers for the addltlQn. Vote of the Town Board: Ayes: Councilman Sullivan Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 2. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approves the action of the Board of commissioners of the Fishers Island Ferry District in awarding the bid for the drydocking of the M/V Munnatawket to Hitchcock Gas Engine Co., Bridgeport, Connecticut at the iow bid of $11,560.00 plus $37.50 per zinc and $240.00 labor for installation of zincs; plus S640.00 to inspect and renew strut bearings, if required, $1,650.00 to pull both shafts for inspection and gauging, and platework at $0.85/lb., $20.00/hr. labor, materials (oxygen, acetylene, welding rods) cost +15%, and BE IT FURTHER RESOLVED that the Board of Commissioners of the Fishers Island Ferry District be and hereby are granted permission to enter into a contract with Hitchcock Gas. Engine Co. for the aforesaid work. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 3. On motion o£ Councilman Sullivan, seconded by Councilman Nickles, it was RESOLVED that the Griswold-Terry-Glover Post No. 803, American Legion, Southold, New York be and hereby are granted permission to use the following Town roads as staging areas for the annual Memorial Day Parade to be held on Monday, May 26, 1980 at 10:00 A.M.: Hobart Avenue and Boisseau Avenue, Southold, providing they secure the necessary insurance to hold the Town of Southold harmless. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Cutchogue Fire Department be and hereby are granted permission to use Town toads as staging areas for their 13th Annual Fireman's Parade and Drill to be held on SaturdaY, July 19, 1980 at 6:00 P.M. (rain date July 20, 1980, 2:00 providing they secure the necessary insurance to hold-~he Town of Southold harmless. Votetof the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum,. Supervisor Pell. This resolution was declared duly adopted. (a) On motion of Councilman Nickles, seconded by Supervisor Pell, it was RESOLVED that pursuant to Article 8 of Environmental Conservation Law State Environmental Quali~y Review and 6NYCRR Park 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION Application~of Richard A. Schlump- fo~-a wetland permit to construct a catwalk and flaoting dock for the purpose of mooring a boat at Howard's Creek, Home Pike Road, Lot #1, Map of "Point Pleasant", Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reason: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment are likelF~to occur should the project be implemented as planned. Vote of the Town Board: A%es: Councilman Sullivan, Conncilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. (b) On motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold set 8:10 P.M., Tuesday, May 6, 1980, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of' Richard A, Schlumpf for a permit under the provisions of the Wetland Ordinance of the' Town of Southold for permission to construct a catwalk and floating dock for the purpose of mooring a boat at Howard's Creek, Home Pike Road, Lot #1, Map of "Point Pleasant", Mattituck, NewYork. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 6. Moved to bottom of the agenda. (Appointment 0f Francis Doyen to various Southold Town Committees.) On motion of Councilman Sullivan seconded by Councilman Murdock, 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 the 22nd day of April, 1980 at 3:30 o'clock 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 Provide for the Appointment of Committees", which reads as follows: The Co~e of the Town of southold is hereby amended by adding a new~c~hapter thereto, to be Chapter 7, to read as follows: Section 7-1 Establishment of Committees. The Town Board, by resolution, may establish advisory commizvees for such pruposes as it may deem necessary, to assist it in the performance of its duties. Section 7-2 Committee Members. The Town Board shall determine the number of 10. 11. members to such committees, appoint the members thereto, and designate the chairman thereof. Members of the public, public officials and public employees shall be eligible to serve as members of such committees. Members shall serve without compensation, and at the pleasure of the Town Board. Section 7-3 Duties. Committees shall perform such duties and exercise such powers as may be specified by the Town Board. Committees shall have no powers other than advisory. Section 7-4 Expenses. Committees may incur such expenses in the performance of their duties as may be appropriated therefor by the Town Board. Section 7-5 Statutory Provisions Superseded. This chapter shall supersede, in its application to the Town of Southold, subdivision 17 of Section 64 of the Town Law. Section 7-6 This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Turned over to Town Attorney Tasker for reply. (The Civil Service Employees Association, Inc. be recognized as the sole bargaining agent for all the employees of the Town of Southold ex-ept emmbers of the Police Department, for the purpose of negotiating the 1981 contract with members of the Southold Town Board.) On motion of Councilman Murdock, seconded by Councilman Sullivan, it was RESOLVED that;the Town Board of the Town of Southold hereby authorizes payment of the vouchers of Holzmacher, MdLendon & Murrell, P.C. in the amount of $3992.96 for professional engineering services rendered in connection with procurement of landfill equipment at the Town Landfill. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. This resolution was not offered. (Set a public hearing date to reallocate $11,500.00~of Federal Revenue Sharing Funds.)---Super- visor Pell stated the Board discussed this today and decided to cross it out. The Town is eligible to receivestate~r~flsportation funds. An engineering firm must be hired to do the paper work. The Town will receive approximately $160,000. When the Board is ready to hire someone they must transfer the money into the proper account to pay the engineering firm. They are not qUite~feady to act upon it at this time. Moved by Councilman Nickles, seconded by Supervisor Pell, WHEREAS, in recognition of the secretary, the week of April 20-26. 1980 has been designated as Secretaries Week; and WHEREAS, in keeping with the best tradition of their profession, secretaries are accepting vital responsibilities and are perform- ing important roles in commerce, industry, and government; and WHEREAS, the efforts of these professionals and their many contri- butions to the nation's progress are significant; and ~EREAS, to recognize the secreaties now doing their~ jobs ~ili- gently and to encourage others to enter this worthy career, it is essential that rightfu~ acknowledgement be given their talents; NOW, THEREFORE, I WILLIAM R. PELL III, Supervisor of the Town of Southold, do hereby procl&im the week o~ April 20-26, 1980 Secretaries Week and ask that all business and industry join mn giving recognition ~o this group, paying special atzention to SECRETARIES DAY on April 23, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervisor Pell said there are eight ladies in the Southold Town Hall that fill the role as secretary. He came zo the Town Hall APRIL 8, 1980 on January 2nd and he is proud of those eight ladies. They ha~e cooperated, they have helped him and the Town B~ard. They are good hard workers, and do a good job for the T~wn and without them he would be lost, they keep him straight and make sure he gets to the right places on time with~the right forms £illed out and signed; he takes his hat off to them. 12. Moved by Supervisor Pell, seconded by Councilman Nickles, WHEREAS, The Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Maidstone Development, Inc. for a change of zone from "A" Residential and Agricultural District to "M-i" General Multiple Residence District on certai~ property situated near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a monument on the northerly line of the North Road at the southwesterly corner of land, now or formerly of Parlamis, formerly of ~ars~on, being the southeaterly corner of the premises herein described; from said point of beginning running along said northerly line of the North Road South 53 degrees 24 minutes 30 seconds West a dfStance of 255.26 feet; running thence along land now or formerly of Crystal on a line parallel to and 250 feet westerly from the westerly line of said land of ParlamiS North 24 degrees 56 minutes 30 ~ec~nds West a distance o£ 852.29 feet to ordinary high water mark of Long. Island Sound; running thence alon~ said high water mark of Long Island Sound North 32 degrees 09 minutes 30 seconds East a distance of 297.75 feet to said ~and of Parlamis; thence along said land of Parlamis South 24 degrees 56 minutes 30 seconds East a distance of 962.47 feet to the point or place of beginning, said premises containing 5.207 acres according to survey of Otto W. Van Tuyl & Son, dated October 31, 1961. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold Town Board at 8:15 o~clock P.M., Tuesday, May 6, 1980 at the Southold Town Hall, Main Road, Southold, New-York on the aforementioned petition, at which time any person desiring to be heard on the above proposed petition should appear at the time and place so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing ~o be published in the official newspaper pursuant to the requirements of l~v¢. Vote of the Town Board: Ayes:Councilman Sullivan, Councilman Murdock, Couacilman Nickles, Councilman Drum, Supervisor Pe~l. This resolution was declared duly adopted. 14. Moved by Councilman Nickles, seconded by Councilman Drum, WHEREAS, the Southold Town Planning Board and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Wayne Associates for a change of zone from "A" Residential and Agriclutural District ~o "M-I" General Multiple Residence District on certain property situated at Bayview in the Town of Southold, County of Suffolk, State of New York, shown on a certain map entitled "Subdivision Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office December 20, 1927, Map no. 90, more particularly bounded and described as ~llows: ~EGINNING at the corner formed by the intersection of the southerly side of Orchard Lane (private) with the easterly side of Cedar Beach Road; running thence along the southerly side of Orchard Lane south 66 degrees 52 minu~es 20 seconds east 451.63 feet to a point; running thence 60 dagrees 37 minutes 40 seconds east 63.02 feet ~o a point; running thence along the arc of a curve bear- ing to the right having a radius of ~56.20 feet a distance of 121.09 feet: running thence south 58 degrees 46 minutes- 50 seconds east 181.42 feet to a monument; running thence south 62 degrees 07 minu~es 20 seconds' east 205 feet to the ordinary high water mark or.Cedar Beach Harbor; thence southerly and southeasterly along the ordinary high water mark of Cedar Beach Harbor'426~feet more or less ~o the northerly line of lot. no. 39 on Map of Cedar Be~ch Park to aforementioned; running thence north 62 degrees 07 minutes 20 seconds west 220 feet to a point; thence north 22 degrees 07 minutes 40.seconds East 28.25 feet; running thence north 66 degrees 52 minutes 20 seconds west 754.52 APRIL 8, 1980 feet to the east&~y sid~!~{'~C~dk~4iht Drive~; running thence along the easterly side of Cedar Point Drive and along the e~sterly side of Cedar Beach Road north 23 degrees 07 minutes 40 seconds east 322.11%~et to the ~orner first above mentioned at the point or place of BEGINNING. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Southold Town Board au 8:30 o'clock P.M., Tuesday, May 6, 1980 at the Southold Town Hall, Main Raod, Southold, New York on the aforementioned petition, au which time any person desiring to be heard on the above proposed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be~.and she hereby is authorized and directed mo cause notice of said hearing to be published in the official newspaper pumsuan~ to the requirements of law. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. 15.On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold hereby releases the performance bond of Esseks, Stark and Denis posted for roads and improvements in the subdivision known as "Inlet Easn Estates". an Mattituck, in accordance with the recommendation of the Planning Board Engineer Davis, Highway Superintendent Dean and Highway Committee Councilman Nickles and Sullivan. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. (Supervisor Pell stated that last fall the Board agreed to hire Mr. Irving Miller no do an economic study on the formation of Peconic County. The bill came in and it was ~aid for out of the Councilmen's Account, as the work was performed for the Councilman. The next resolution will replace the Councilmen, s founds so they will have the money ~o be paid with.) 16. On motion of Councilman Drum, seconded by Supervisor Pell, it was RESOLVED that $3,000.00 be and hereby is transferred from Contingen~ A1990.4 to Councilman Contractual Al010.4 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 17. On motion of Councilman Drum, seconded by Councilman Murdock, it was (a) RESOLVED that the Town Board of the Town of Southold reject all bids received on April 3, 1980 for supplying the~Southold Town Highway Depar~men~ with 150,000 gallons, more or less, of asphalt road materials for use in the repair and maintenance of Town highways. Vove of the Town Board: Ayes: Councilman ~ullivan= C~uncilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. (Supervisor Pell stated that the bids for asphalt road materials were rejected because the bids did non specify that the material be delivered and applied.) 17. Resolution to rebid for asphalt road material is being held in (b) abeyance until Town Attorney Tasker can revise the bid specifications prepared by Highway Superintendent Dean. 18. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes the payment of $42,909.00 to Mullen Motors, Inc. for five marked and one unmarked police cars, subject ~o the approval of Supervisor Pell and Chief Cataldo. Vote of.the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, CounCilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervisor Pell appointed Justice Francis T. Doyen, Fishers Island, a member of the Inland Waterways Committee, Highway Committee and Taxation and Finance Committee. Councilman NIckles stated that on March 31sz the Department of State called a special meeting of east end officials and members of the Estuarine Sanctuary Steering Committee. He attended than meening and au that time made the following statement: APRIL 8, 1980 (Letter address to James Morton, Coastal Management Program, New York State Department of State) '!After three months of informational meetings, dialogues with CounTy, State, Federal, East End Officials, Town residents, and the studying of reports, I have come to the conclusion that to spend $100,000.00 ($50,000. Federal Grant and $50,000 State Match) of Taxpayers monies to conudct an Estuarine Sanctuary Study for a program that very few people want is a waste. There isn't any justification for a Peconic-Flanders Estuarine Sanctuary other than to provide a vheicle for the funding of the acquisitio~ of Robins Island and other open space areas. I share a belief with many of the people I represent that there exists at this point in time more than sufficient Town, CounTy, State and Federal regulations to preserve and protect our waterways and wetlands-including those environmentally fragile portions of Robins Island. I oppose the Peconic-Flanders Estuarine Study and Sanctuary" Councilman Nickles stated that at the March 31st meeting there were ~wn or t~velve east end officials and with the exception of Easthampton, the two steering committee members from the Town of Southold who were bound by a decision of the Town Board in January that we would go. along with the study and reserve their decision at wuch time as the study came in, were all opposed (Southampton, Riverhead and Shelter Island) to the study and the sanctuary concepT.. They spent two and a half hours and all he heard were negative commen~s about the program. The Deputy Secretary of StaTe said she was getting confused signals. If she was getting confused signals it certainly wasn~.t from that meeting. It was Councilman Nickles' understanding the meeting was held to get a final concensus before they accepted the $50,000 grant from the federal government. As he understands from the paper, s, no official notice has been received from the State to Supervisor Pell, that they have accepted the grant. The papers indicate that they accepted as a provision or condition that there be another meeting with east end officials and/or the public on either the 15th or 17th of April. · It is Councilman Ni~!es' feeling that if anyone has any appregensions about the p~bg~'am it seems to him it was conceived without and it is going~along without them and he has a feeling we are on a freight train going down hill and he would like to get off before it ~is going too fast. Councilman Nickles said if they come o~? again~and ask the opmnion of the Town of wouthold he would like ~he Town Board to change their position so there won't be anM confuse-~ signals. Councilman Nickles offered the following resolution: RESOLVED that a letter be forwarded to the Secretary of State with copies to the manager of the Coastal Management Program, Long Island Regional Planning Board, Commissioner Flacke of the N.Y.S. Department of Environmental Conservation and Mr. Anthony Taromina, N.Y.S. Department of Environmental Conservation stating that the Town Board of the Town of Southold opposes the pre- acquisition study for the Peconic/Flanders Estuarine Sanctuary and the concept of the Peconic/Flanders Estuarine Sanctuary. Councilman_Murdock stated that originally the Town Board acquiesced to the study on the hopes that they would have sufficient input on what they called the Peconic/Flanders Estuarine Sanctuary Steering Committee. The Steering Committee was supposed to be composed of 15 people. They were informedathat the Steering Committee's function would be to hope formulate the rules of the operation of the sanctuary. They were informed that the entire sanctuary would be~governed by these 15 people. At that time the Town Board voted ~o support the study it was not because they were in favor of the study, it was more because they were jockeying for position as a friend of the family as opposed to an adversary. The Town Board secured two representatives on the Steering Committee from the Town of Southold, and one from the Village of Greenport. The second part that swayed the Town Board was that they were assured hundreds of times that if one Town objected to the concept of the Peconic/Flahders Estuarine Sanctuary, it would be do.ne on a home rule basis and the Peconic /Flanders Estuarine Sanctuary would not come To be. That pledge has been violated many times. There are now three towns definitely opposed out of the five. A majority ~ule~ does not even affect them. let alone did they a~andon the premise that one town was sufficient to kill the propositlon~ now th~ majority is not sufficient. They are in the act of changing the function of APRIL 8, 1980 the Steering Committee so the ~?~.~hey have'done to secure three members of the committee, which hopefully would have given the Town of Southold strong input, now that is in danger of being disposed of. They have been led down the garden path. Mr. Murdock said he would second Mr. Nickles' motion, and since the study is already an accomplished fact, it has been accepted by the State, he feels it would be useless to object to the study, but they object to the Peconic Estuarine Sanctuary as a whole. Councilman Drum stated they attended the meeting that was called by the State Department last week and they had not quite made up their mind which way they were going, however, they went back and decided they would accept the money. There has been another motion made tonight by-Mr. Pell for the Board's consideration. He thinks this changes the whole complexion of what is before the Town Board. He thinks it changes the complexion of the Estuarine Sanctuary. Dr. Koppelman ~me out and stated some time ago the Estuarine Sanctuary had basically one purpose and that was to acquire Robins Island. Dr. Koppelman also made the statement just the other day after the State of New York decided to go ahead with the study, which has a proviso, there must be an ~nvironmental impact statement forth- coming by the 15th of May. The environmantal impact statement also includes the economical impact of the estuarine sanctuary. Dr. Koppelman has said it is impossible, it cannot be done, yet supposedly the committee is going to meet at some time. Councilman Drum very definitely feels that the Town Board and Councilman Drum as a member of the committee be relieved from being bound by the January resolution. Councilman Sullivan said that both propositions are tied in, he thinks Supervisor Pell's discussion may stand on its o~n, in ~ct they may be two different things. Councilman Sullivan said he is ready to vote on Councilman Nickles' resolution. Mr. Dan Cone, Southold said he has been listening to the Board discuss the estuarine sanctuary and the position they have taken on it and he respects and supports the desire o£ the Town Board to have a voice in what happens to the waters around the Town and Robins Island and anything else that hinges on the life of the Town. He also thinks that those who represent the voters should be interested in what their constituents feel about it. Mr Cone is verf upset ~bout the idea of seeing Robins Island commercially ~.~veloped and he knows there are other people in the Town who Yeel the_way he does. He has no way of knowing how many there are of them. It would seem to Mr. Cone that before the Town Board votes on whether ~o support it or not support it, they should make some sorz of an effort to find out how the people of the Town are divided on it. Petitions have been circulated and contain more than 2000 signatures of those people who would like ~o see the island preserved. Does the Board know how many people who would like to see it commercially developed? Councilman Nickl~s explained to Mr. Cone that his resolution does not pertain directly to Robins Island, it pertains directly to the sanctuary, the concept itself. Councilman Nickles.sai.d h~s position is that the only justification for an estuarine sanctuary is going to bind roughly 120,000 acres, 90,000 acres of shorefront and waterfront, is a vehicle to provide funds for the acquisition of Robins Isla-nd. Robins Island is an important parz o~ Southold Town and so is the Peconic/Flanders Bay area which stretches from Riverhead al-1 the way to Orient Point, over to Easthampton and back up the south shore. Councilman Nickles said he is not willing to encumber the people of the Town of Southold with another set of regulations when they already have the Town Wetlands Ordinance, Town Trustees, County control by the Planning Departmenz within 500 feet if anything occurs on the waterfront, there is the State DEC, the Corps of Engineers and in his estimation those regulations are more than sufficient to preserve and protect our waterways, and wetlands at this time. He thinks the question of whether Robins Island should be purchased should be treated as a separate question.---- Mr. ~one said the only point he was trying to make is whether the Board is representing the people of the Town. He heard Supervisor Pell's resolution introduced for the first time tonight and he has not seen a copy and he understands neither has the Board. It seemed to Mr. Cone that the Board might well posvpone action as they did on Mr. Pell's resolution until two weeks from tonight to give every- 5~8f~ APRIL 8, 1980 body a chance to look at both resolutions and possibly get some input from the voters to the various board members.---Councilman Drum has been aware and listened to p~os and cons. He realizes there are some 2200 signatures. The head of the Farm Bureau made known to Councilman Drum that there are 1500 farmers that they represent on the other side. He does not listen to any one. This has been foremost in his mind for many months now. He has attended many meetingsof both factions and there is a lot to be considered. He will give every consideration, it will not be a hasty judgement. Mr. Frank Costello pointed out that Mr. Nickles' proposal and Mr. Pell's proposal are two separate issues. Dr. Koppelman has taken Robins Island and stuck it in with the estuarine sanctuary. In Denis Hurley's report of February 20, 1980 he states that althouhg federal regulations are identified as guidelines they carry the weight of the law.- .... The primary use of the estuarine sanctuary shall be for research and educational purposes especially to provide some of the information essential for coastal zone management and decision making. They could prevent recreationa~ fishing, hunting and other related activities. (Mr. Costello read excerpts from Mr. Hurley's report.) Mr. Costello said he opposes the estuarine sanctuary as well as a tremndous amount of other people and he presented a letter sent by the Association of Marine Industries to County Executive Peter Cohalan and other officials, as well as a letter from Joseph P. Ulrich in opposition to the estuarine sanctuary. Mr. Robert Wacker asked why they could not put the vote on Councilman Nickles' resolution off for~ two. weeks, why it must be done at this meeting. He feels it does relate to Robins Island.---Supervisor Pell sadi he asked Councilman Nickles the same question and Councilman Nickles explained that they might have to attend a meeting scheduled on the 15th or the 17th of' April, another Steering Committee meeting. He wishes to have the Town in opposition before that meeting.--Mr. J.G. Dill, New Su£folk, said he faces Robins Island and he has five acres on the waterfront. He does not see why Supervisor Pell's motion was delayed until a public hearing to get the thoughts of the people but Mr. Nickles' motion cannot be delayed.----Councilman Nickles said there was a meeting with County Executive Cohalan who came out to Southold Town to hear what the people had to say and at that meeting he really concentrated on two issues, the sanctuary and/o~ the county acquisition of Robins Island. The~re have been many hearings conducted in So~thold Town and Riverhe~d and the number of meetings the Town Board members have attended. He thinks the public is well aware of what ~he sanctuary is about. It is true the study is not complete,.it may never be complete, but he does not need a study by someone who goes out amd spends $100,000. o£ our tax money to tell the Towns something they have already told them, which is, they think those areas on Peconic Bay should have a sanctuary because we have clean water.---Mr. Pell insisted that the Town of Southold never held a public meeting on the estuarine sanctuary.--Supervisor Pell stated that Southold Town was the first town of the five east end towns that held a public meeting back in January. It was held for information and Councilman Drum chaired it.- Chairman Drum stated that Dr. Koppelman, as a result of the meeting where it was determined they would go ahead with the study, said they cannot accomplish an environmental impact statement by the 15th of May, it is impossible. The Board's point is that they are faced with doing something they cannot accomplish. Dr. Koppelman said they should have started the impact study back in February if the Steering Committee was to operate.---Mr~ Frank Bear said that Councilman Nickles has said there have been a number of public meetings on the estuarine sanctuary, and that is true, but it is also true that the Steering Committee has not made the study, the Steering Committee has the responsibility for determining the rules and regulations pertaining to-the proposed sanctuary and none of that work has been done yet and now he is suggesting that the study not even be held, he is making up his mind and proposmng that the Board make up their mind on what all of it is about before theSteering Committee has an opportunity to do its job.--Councilman Nickles stated it is not a unique situation because three other!towns have unanimously voted against the study with not as much effor~ as this Toen Board has put into it to this point.---Councilman ~,~rdock sa~d there are zwo diflerent problems involved in this. It became apparent four or five weeks ago that the estuarine sanctuary proposal was in serious trouble. It became apparent To those attending the meetings that Dr. Koppelman himself was looking for other avenues APRIL 8, 1980 to approach Robins island. ~he~i~otiR~.~avenue of approach has bee~ suggested by Supervisor Pell. Because the Board does not go along with the sanctuary, he feels if the public were allowed to see a set of rules similar to those all on the Board have had; all the rules and guidelines from each of the sanctuaries, if the public, particularly Mr. Dill with five acres of waterfront property, and one of the rules in Oregon was that the purpose was for establishing a living laboratory for the processes involved in natural functions of wildlife to the exclusion of human and domesticated animals input. Anything that someone would try and do - if a dog chased a bird on lis own property within 500 feet of the waterfront - the individual could be penalized and forced to cage the dog because he is now inter- fering in the level of operation.-" The price to preserve Robins Island,~ the price that the sanctuary would impose on the entire body surrounding Peconic Bay is huge, much to huge. In no way is the Town Board prohibiting the action of the County from taking over the purchasing of Robins Island. They are merely trying to go on record that the sanctuary as it has been shown to the Board is un~enable and in the lack of getting a chance of every participating, and they try very hard to participate, and the rules are constantly being changed. Councilman Drum and Councilman Murdock are on The Steering Committee. To this day they say there may be a meeting and to this day no one has ever informed them as members of the Steering Committee o£ any activity ro action they have taken. Councilman Murdock said he would think if an individual was on a committee and the committee is being shunted aside that is a reason to disband the committee. If the committee is only a %igurehead or letterhead to the purpose of sanctifying what the people are doing then the committee should have sense enough ~o realize they are only being used for no purpose. Supervisor Pell said that the previous evening his wife went ~o a gathering where there were over 50 people. Someone prepared a paper with three things on it and asked the people present how they felt. On the question of "Do you favor the study of the marine sanctuary?" That response was 34 yes they prefer the study, 10 said no, and eight were undecided and two blanks. On Peconic County, 34 said yes, 4 said no, 15 want more information, Ob Robins Island, 16 s'aid develop it, 24 said~the County buy it and 6 said Southold Town should buy it and two said save it somehow.-- Councilman Sullivan asked what group that was.--~SUpervisor Poll declined to reveal the name of the group. Councilman Sullivan said that a great deal has been puz into the matter o£ the marine sanctuary and the Boards' intent is for the betterment of the Town. They want it to be developed._ right, they live here and want everything to be the way they want it to be and he hopes people realize they are trying zo make a decision for the best of the Town. He stated tha~ people who approach him overwhelmingly are opposed to the es~uarine sanctuary. Mrs. Beulah Gebhart said she has spen~ most of her life around this area and she thinks they should all thank the Supervisor and Board members for doing the researching and for really vrying to do the best for Southold Town. ~ouncilman Nickles' resolution, seconded by Councilman Murdock was reread as follows: RESOLVED that a letter be forwarded to the Secretary of State with copies ~o the manager of the Coastal Managemenn Program, Long Island Regional Planning Board, Commissioner Flacke o% the N.Y.S. Departmen~ of Environmental Conservat&on and Mr. Anthony Taromina, N.Y.S. Depar~men~ of Environmental Conservation stating that the Town Board of the Town of Southold opposed the pre- acquisition szudy for the Peconic/Flanders Estuarine Sanctuary and the concept of the Peconic/Flanders Estuarine Sanctuary. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum. No: Superv,isor Pell. This resolution was declared duly adopted. Mr. David Strong, Mattituck asked Supervisor Pell~why he is in favor Of~the sanctuary?---Supervisor Pell said the study, not the sanc~uary.~ He is in favor of finding the facts ou~. His resolution gives the Town of Southold control. If the s~udy comes out and says some how the Town can control it he will evaluate it, but he APRIL 8, 1980 does not want the Town Board to give up one piece of con~rol. East- hampton Town bought a piece of land, Southampton has a piece which the County bought and they control and he thinks it can work out with the County buying the property and the Town controlling it. Mr. Jerry Horton said that if there is any more Town Board discussion on Robins Island he would like to see it take_~place at evening meetings when the working people can be there. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the resolution setting 3:00 P.M., Tuesday, April 22, 1980 as the next Town Board meeting be withdrawn. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, April 22, 1980 at the SouthOld Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Mrs. M.J. Paul said they have more petitions and their exact count is 2226 signatures. She understands some of them are looking them over and finding some students.who have signed. She thinks this is a very healthy sign for it is the first time she can remember when students have been interested in something of such importance vo Southold Town and it should be encouraged. There are some out-of- Town signatures on the petitions also but they ~eel very strongly about Robins Island remaining natural.----Councilman Sullivan asked Mrs. Paul who had looked at the signatures.---Mrs. Paul said he had looked at them.---Councilman Sullivan said he had not looked at them, as did Councilman Nickles and Murdock.--Supervisor Pell said he had. (Mrs. Paul presented additional petitions.) Mr. Bear said they have been receiving signatures in the mail, they received another batch today on one petition and out of 11 signatures on that petition there were eight from New Suffolk. He also pointed out that out of the 2226 signatures he would guess that at least 1900-2000 are residents and taxpayers of Southold Town. Those people are evidence enough, it would seem To him, ~o prove To the Town Board that the sentiment for saving Robins Island is overwhleming. Mr. Bear said that number represents more than half of the number of people who were required to elect each and every one of the Town Board members. As f~r as the students are concerned, some of those are going ~o be voters next fall and he thinks they have a right ~o be on the petitions and should be considered citizens and not kids. He hopes that the Town Board will consider the evidence of support and act accordingly. Mr. Thomas Uhlinger, New Suffolk asked how many of the 2200 people have been ou~ here during the winter and are aware of what is going on? Are these absentee signatures?---Mrs. Paul said she personally put all of the petitions around and-sen~,~f~example to the winter addresses of Nassau Point residents; they would to in~o shopping centers.---Abou~ 300 were sen~ and received through the mail.---Mrs. Dill s~amed that when anything controversial comes up it always hits the winter months and it is very unfortunate. The residents that are not here in the winter months are taxpayers and have a right to express their feelings. Mr. Gary Pumillo, Cutchogue said Robins Island is a very beautiful island and he would not like ~o see the island destructed by construction. He would ~ike to see it saved for the birds and wildlife.---Mr. W.S. Gardiner said he would like to see Robins Island saved, but why hasn't someone proposed the solution that Shelter Island reached of buying it and giving it to Nature Conservancy. That wouls seem to solve everyones problem. Or, if the builders developed 28 houses on it he would want them to give the res~ of it ~o Nature Conservancy.--Councilman Drum said he feels there is a great deal to be said for private ownership and he thinks if there are 5000 or whatever, if they offered $5,000,000 the 500 people could buy it very easily. APRIL 8, 1980 Mr. Jerry Horton said there is.~.a~.~.%t~ot majority of people who work for a living and don't h~ve' ~me"to come To meetings and are not educated or intellectual enough to attend evening meetings either, buy they do have to earn a living in this Town and they were here and he does not want to go out of business.---Mr. Robert Wacker asked if the construction business is going to be saved by building 30 or 40 houses on Robins Island~ isn't there something else that can be done to keep the construction industry going? Supervisor Pell reiterated that he will be at the Town Hall on Tuesday~ April 15th from 1:00 P.M. to 7:00 P.M. to see anyone who would like to come in and talk about the resolution he proposed to the Town Board ~onight. On motion o£ Councilman Sullivan, seconded by Supervisor Pell, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 9:45 P.M. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Town Clerk