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HomeMy WebLinkAboutTB-04/22/1980.62 SOUTHOLD TOWN BOARD April 22, 1980 EXECUTIVE SESSION 10:00 A.M~. - The Town Board met in Exeuctive Session to discuss personnel matters. WORK SESSION Deputy Supervisor Johnson reported on her meeting with the Suffolk County Development Corporation. She will invite Elaine Weiss of the SCDA to come to a Town Board work session and explain their program. Councilman Murdock will report at the regular meeting on Peconic County Day in Albany. Supervisor Pell stated he and Supervisor Lang of Southampton met with all those senators and assemblymen in Opposition to Peconic County. They were very well received. Supervisor Pell will report at the regular meeting on his trip to Albany relative to gasoline allocations. He met with Congress- man Carney, Senators Javits and Moynihan and members of the Department of Energy and he was assued by Senator Javits the East End would not be hit hard again this year. The matter of decentralization and decontroll arose and Councilman Nickles suggested that the Board support the positions of Congressman Carney and Downey on this. Supervisor Pell will obtain a copy of the bill. Supervisor Pell reported that at the last meeting of the ten town supervisors they agreed unanimously to ask to have the Suffolk County Legislature abolished and return to the regular Board of Supervisors. Councilman Drum will report on the Inland Waterways Committee at the regular meeting. He hopes to getLthe committee together next week to again look at all of the inland waterways. Councilman Drum reported on his meeting with Merlon Wiggin relative to civil preparedness. The Board reviewed each item on the agenda for the regular meeting. Mrs. Mart~a J. Paul spoke to the Board relative to the preservation of Robins Island and acquisition by the County o£ Suffolk.---Mr. Frank Bear stated the adoption by the Town Board of Supervisor Pell's resolution as presented at the April 8th meeting is the first step toward acquisition.---The Board discussed Supervisor Pell's resolution. Supervisor Pell and Highway Superintendent Dean recommended hiring Holzmacher, McLendon and Murrell to prepare the engineering surveys for the highway safety improvement program. They will meet with representatives of H2M to go over a priority list. Councilman Murdock spoke about a r~%~ant~ewspaper article quoting a town official Who wished to remain unna~ad.~ Councilman Murdock feels all town officials should expect their identity to be revealed in the press. Discussion was held relative to dredging in the New Suffolk ramp. It was learned the County dredge is still being repaired and will not be available until at least May 1st. Councilman Drum recommended that the Town go ahead and hire someone to do the dredging and then bill the County. Highway Superintendent Dean estimates the cost would be approximately $300. per day. Town Attorney Tasker said that it would have to be done at Town expense as there is no guarantee the County will pay the bill. At present there is only $800. in the budget ~or dredging. 3:00 P.M. ~ Building Inspector George Fisher met with the Board to discuss yard sale permits. Mr. Fisher was advised he should handle each case on its own merits, taking into consideration whether the yard sale is a normal accessory use or a pre-existing non-conforming use. APRIL 22, 1980 6~' 3:30 P.M. the Town Board held a public hearing on proposed local liw entitled "Local Law to Provide for the Appointment of Committees". * * * * * A regular meeting of the Southold Town Board was held on Tuesday, April 22, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell I~I Councilman Henry W. Drum Councilman John J. Nickles Councilman 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 motion of Councilman Drum, seconded by CounCilman Murdock, it was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on April 8, 1980 be and hereby are approved. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman~ickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that the next regular meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, May 6, 1980 au the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman ~rdock, Councilman NIckles, Councilman~ Drum, Supervisor Pell. This resolution was declared duly adopted. REPORTS 1. Receipt of March 1980 report of Justice James H. Rich, Jr. 2. DEPUTY SUPERVISOR MARIE BAUER JOHNSON: This has to do with the Suffolk County Development Corporation which has two programs that Southold Town has been invited to take part in. I am afraid we have already lost out on one, the expiration for applying was two weeks ago and we had an extension until today. Since we haven't taken the proper action we probably will not be able to take part in it. This was the rent subsidy, program for people with limited income and housing problems. The other is a winteration project which we have until the second week of May to get involved with and I believe the Town Board's action this morning was to decide to ask the head of the corporation to come down either to give them more information about it and possibly with that we will have some action in that program. This would provide for insulation and storm windows, weather stripping, that sort of thing or other projects that concern energy. 3. Receipt of the March 1980 report from Long Island Cablevlsion Corp. '' 4. Receipt of the March 1980 report from the Town Trustees. On their filing and permit applications. It is that time of the year there are 24 permits that were required in the last month; the time of year that everybody goes to the waterfront. 5. Receipt of the March 1980 Dog Warden report. 6. COUNCILMAN LAWRENCE MURDOCK, JR.: A week ago Monday we had six bus loads go to Albany and I felt the reception was excellent. We packed the floor of the Assembly, we packed the gallery of the Assembly and when Assemblyman Behan introduced the Southampton Militia, which they r~named the Peconic Militia for the day, while I'm a novice au the Assembly I was very impressed that all the Assemblyman stood up and ga~e them a rising cheer. The elected officials spent the rest o£ the day seeing Assemblyman Fink who is the Majority Leader and who at all previous times had resisted contact by the Peconic County group, and Senator Anderson's o£fice, which at all previous times had resisted the group and we also addressed a Republican Committee in APRIL 22, 1980 charge of, I think it was the Home Rule Committee. They were in session and they asked us to address them. Then we had a cocktail party in the evening and it was very well attended. Even Senator Anderson came himself. The effect of the day I think was excellent, the people were in a good mood, the legislators up there all seemed to be friendly and.receptive and from the people at the west end and upstate said, "Well if it isn't going to cost us any money anyway why should we oppose you". I think it was a real good day. I'm not sure if we cleared all the hurdles, I ~on~t really think we have as yet but it was a real big step forward for that day. 7. SUPERVISOR WILLIAM R. PELL III: This past Wednesday I went down to Washington, D.C. Our County Executive who had done a superb job represnting the five east end towns arranged a meeting 'in Washington. D.C. in regards to gasoline. I never thought in one day that I personally would be in a congressman's office and two New York State Senator's Office. Our County Exec. Peter Cohalan arranged for us to mee~ with the Department of Energy people in the senator's offic~e and on behalf of the eas~ end, or as he said, half of Suffolk~County, plead our case for gasoline for the summer months. Plead a restriction that was brought up about no weekend boating in the summer months for recreational purposes. Last year one supervisor from the east end towns went down there all along and plead the case on gasoline. Along she said she didn't~get in the front door, but through our County Executive who arranged the meeting for us we spend 45, minutes with Senator Javits and equal time with Senator Moynihan and Department of Energy people. We were assured by our senators that the Department of Energy would be coming forth with a new all~cation system for gasoline for the northeast and particularly Long Island's east e~nd. this is supposed to take place within the next three ~o four weeks. They have a deadline. The senators want it back in their office sometime before the end of this month so they can review it before. it is announced. I think we all owe a gratitude of thanks to our County Exec. for all the work he did to arrange this. United the five of us went down with him, with Judith Hop- from the Governor's off~ce and we were assured at this meeting for the first time that our situation on the east end was unique of the rest of ~he area around us, the plans they worked under last year were ineffective and did not work and they will review them, told to review them by the senators, and come back with new plans. Ail of us came home that night feeling he accomplished something that day We had a good day. 8. SUPERVISOR PELL: Number 8 took place last Thursday up in Oakdale. Ten Supervisors of Suffolk County met for the first time all ten of us was there, before it was always seven, six, nine, never had ~en, this time we had ten there. We discussed in detail the abolishment of the Suffolk county Legislature; to replace it with what is known as a Board of Supervisors. We unanimously, the ten of us, went on record in this direction. In the ten towns probably starting tomorrow there will be petitions circulating asking the~ people ~o endorse this concept.~ They ha~e volunteers throughout~ the towns, I don't~know who the volunteers are in the different towns. They have volunteers who are going vo handle this petition drive. If you~read about it in the press I am sure you will be reading more about it. 9. COUNCILMAN HENRY W. DRUM: Very briefly, Inland Waterways Committee. The county has indicated that they would dredge some of our inlets in the Bay, one in particula~ which is closed at pres,ent is of greatest concern to us and~that's the New Suffolk ramp where we launch our police boat, emergency boat for any emergency, bum also it is used for our people low pleasure, fiShin~g, what have you. It is closed. Unfortunately the dredge is ua~er repair and I am not s~re when it is going to be ready, although it was promised to us by the county that it would be completed, the dredging would be completed by the 15th of April. We may be forced vo do it ourselves with town funds, this is the way it appears at present. I think this it t,hw only way ~o go right now, Of course,we have other projects as well tha~ need dredging. The Mattituck Inlet, this is a Corps 6f A~my-~ Engineer project and they had purchased a dredge, they are a Massachusetts company. Again this was going vo have commenced on the 15th of April, they haven't started yet, however they indicate it will be completed by the 1st of May. I can't say it is exactly good news. 10. COUNCILMAN DRUM: Our Emergency Readiness Plan and our Civil Defense, they call it, well it is no longer Civil Defense, it is really Civil Preparedness. As I am sure you are aware, we are in an area -where there is a nuclear plant in Connecticut that we also haye proximity to and a nuclear submarine base in New London. Some of the towns have a plan and I might say we are going to work on a plan. The county has provided the services of an. individual for three' week~ and he and I are going to commence working on the plan. The persons name i- Merlon Wiggin from Orient. This will require coordination of our fire departments, police department as well and we are going to work on this.---It~is interesting to note, ~ may have mentioned this before that Mr. Wiggin is going to Albany and taking one of the career development and preparedness course, he went into their civil preparedness room, emergency room, and he looked upon the map of New York State and 10w and behold Fishers Island is missing from New York State. Needless to say we are a little concerned and they assured us that we would be given mome consideration from here on out~ 11. SUPERVISOR PELL: This is the kind of report I am very pleased and proud to make ~oday. I asked our Chief of Police to make sure he was here tonight and he is here somewhere. The last two weeks out tewn police department has done one heck of a job. The Town Board discussed it today in great length, the Police Committee did a~d then the full Town Board and they want to compliment the Chief and his entire staff for the fine job they ahve done working with the volunteer firemen. The last two weeks some of the incidents that we had occur in this Town.---I'm passing praise on to the Chief and I hope he will Bass i~ ~n ~o his department men and to the firemen of our town who worked at this. Within the last two weeks we had--we lost a life in Laurel through a drowning, the police and firemen worked To recover the body; we had two bodies come up we lost last fall, duck hunters, again the police and firemen have worked together, involvement. We had an auto death a few days ago in Southold, again the police and firemen cut the car apart to get the young man out. It is the spiri~ they work in. They had a break-in in Mattituck. They caught the person and got mos~ of the merchandise back. The last two ~weeks our police have done one beck of a job. Yes, they are payed for it, but yes it's still their job to do it and when you do something they do it. The Town Board like publicly to thank them for it and thank them for working with the firemen and the firemen for working with our police department. The unit that this Town Board is proud Of. Chief, I see you standing in the back of the room, we thank you and we hope you pass it on to your men. PUBLIC NOTICES COUNCILMAN JOHN J. NICKLES: l. Application before the Department of the Army, New York District, Corps df Engineers, an application by Henry Pierce ~o construct a catwalk and floating pier. This work will occur at Richmond Creek and you have 20 days to make any comments and the date of the letter is April 4th, so that will be on the 24~h. 2. Another application involving Sterling Basin, it is also Mr. Pierce at his yacht basin where he plans to expand the marina and maintenance dredge. The response date for that to the Corps of Engineers is May 3rd. Copies of these plans and applications are in the Town Clerk'.s Office if you wish to review them. COMMUNICATIONS SUPERVISOR PELL: 1. Request for a s~reet light, turned over to the Street Light Committee. (Custodio Brandi, Moores Lane North, Greenport.) 2. Request £o~r ~ .~tr~et light, ~urned ~ver t~he ~Stree~ Light Comynittee. {JodYAda~s, ~t'n4ian-NeCk.'hane;. P~cont?~)- Co~fici-l.man D~um is'that-~omm~tee~ Corn~ittee of one,- th~ onIy-th~]-~ ne~ is '~om~ s~ree-t-li~ht~/~'_ara ai~ 0~t O~ St~ee~ ~l~h~S authorize thepurehase .... ..... , - [' ~ ~ " ~. ~h%~ wii'l a~pear later 6n'unde~ resolutions. . . · Basically the ~'up~rvisorsof the west end towns are very suppmrtive o~ th~ bottle, litter, tmash ordinance bill. Senator L~Valle and Assemblyman Behan have sponsored a bill in this regard. Later on the Town Beard will pass a resolution to suppor~ the same bill on this. This is the thrid or ~ourth time we have been asked to go along with. this and the five east end towns all are presenting it to th.elf town boards the next time they meet. Today our Town Board decided to go along with the request. 4. Request for financial support ~rom the Mattituck Women's Softball League which we did support them last year and the Boa~d is going ~o look favorably on it this year. 5. A meeting on April 24th at 1:00 P.M. in Hauppauge with Legislator Note to discuss Peconic County. The five east end supervisors will be there. It is an open meeting, anybody interested can come, come on up, Hauppauge, ~:00 P.M. APRIL 22, 1980 6. This is called a U.N. Day that is going to be held October 24th. The Town Board has been asked to appoint someone to sort of coordinate affairs of this they might want to do in Southold Town. Since we have on the Board a 30 year Navy man, today I will appoint Captain-Councilman Drum to serve in this capacity. 7. A letter about dredging Brushes Creek. Councilman Drum who is in charge of the Waterways has a reply ready to be sent back ~o the gentlemen. (Mr. Bertram Walker., Peconic Bay Blvd., Laurel.) 8. a. & b. Letters pro and opposed to Robins Island acquisiton. 9. A request for payment by Bartra Electric. It has been sent to the architect who worked on.the addition ~o the Town Hall. We go~ it in the other day and we sent it to them to look into, as to what it is all about and report back to the Board. 10. Copy of the resolution which they (Riverhead Town) passed on home rule of Peconic County. I got a telephone call from John Behan last night at half pas~ six and one today around a quarter after eight from somebody else up there (Albany) saying don't act on the bill. There is a misprint in it, it is going ~o have to be reprinted in order to act on it, so we crossed it off of our resolution sheet. Southampton Town Board meets today and the SouthoId Town Board so they stopped?the two of us, the towns didn't pass it. 11. This item doesn't belong there any way. (DEC notice re: property outside of Southold Township.) HEARINGS AND DECISIONS SUPERVISOR PELL: 1. Richard A. Schlump£ hearing to be held May 6th~at 8:10 P.M. for a catwalk and floating dock (wetland application). 2. Maidstone Development Corp., a hearing from "A" Residential and Agricultural to "M-i", that hearing will be held on May 6th at 8:15 P.M. (change of zone application) 3. ~yne Associates, a hearing from "A" Residential and Agricult- ural to "M-I" that hearing will he held on May 6th at 8:30 P.M. (change ~ zone application) RESOLUTIONS SUPERVISOR PELL: Item No. 1 under resolutions is a resolution I proposed to the Town Board the last time it met. I will redo it this time and ask my deputy to read it and I will offer it in resolution form: DEPUTY SUPERVISOR JOHNSON: RESOLUTION: County Acquisition of Robins Island, Town of Southold. Resolution made by William R. Pell III, Supervisor. WHEREAS, Robins Island, a 400+ acre natural Island in the Town of Southold, is a unique natural area, and WHEREAS, it has been recommended for preservation by the Suffolk County Planning Commission since 1960, and WHEREAS, several recent proposals have discussed the public acquisiton of Robins Island, and WHEREAS, this Island is of prime concern to the Government and ~eople of the Town of Southold, and WHEREAS, the proper disposition, management, and use of this Island could be of great economic and environmental benefit to the Town of Southold, Now Be It Therefore RESOLVED, thatLthe Town Board of Southold wishes ~o go on record by adopting this home rule. resolution, that it is in favor of the protection and preservation of this important piece o~ Southold real estate, and Be It Further RESOLVED, that the Town Board of the Town o£ Southold wishes to inform the County Executive, the Legislature, and Legislator Blass, of the Town's support £or the County acquisitio~ of Robins Island, if it be in accord with the following: 1. That the Island be acquired by the County of Suf£olk under the provisions o~ the Nature Trust of the Suf£olk 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 adequate ranger control to insure the safe monitoring o£ 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 Town level in Order to protect the interests of the people o£ 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 Q LJ the municipality rather than the County. 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 five percent each year during the twenty year period. Supervisor Pell offered the foregoing resolution, Councilman Nickles seconded the motion. Supervisor Pell opened the floor for discussion. COUNCILMAN MURDOCK: Bill, I'll start with my part of the discussion as we discussed in the work session this morning. I asked then and I will ask you again, is it understood by you that the Town of Southold is not in a financial position to undertake this project by ourselves nor to underwrite it if any part of this proposal is not accepted. The, part where to safeguard the island if the County doesn't assign the ~angers and it would probably cost six men between rotations and days off, probably be a cost of $150,000 a year just-to maintain protection. I have, as I said this morning, serious doubts that (a) nobody has offered money to acquire the island, and (b) baring anybody offering the money to acquire the island it doesn't see a proper vehicle for an elected official to just make a motion or suggestion that has no chance, in fact, or being done. You agreed this morning that the Town does not have the money and you did not propose, that the Town underwrite this program. SUPERVISOR PELL: Larry, you're right, we went through this this morning. I do not, as fiscal officer o£ the Town, I do not see where the Town could underwrite this unless we on the Town level, as the County Exeuctive has said, he will go for whatever the Town wishes. as we know in his open space program he did recommend the county acquisition of Robins Island. We on the town level would have to in my reading of the thing, would have to make the first step to ask the County Executive if he has money for it in his open space program, would he have the same money available to sponsor a resolution like this I put forth. Next question. COUNCILMAN SULLIVAN: I have some questions. First it is my belief that the-majority of the Southold Town residents are not in favor of county acquisition. Number issue of Republican versus De vid private ownership. My fe Situation in our country that government control. We are i country is in a situation - 1 is wrong. I don~t think we s two it has come down to somewhat of partisan nocratic as f~r as governing control wis-a- eling is that this kind of highlights the led to government control, too much a situation now, I think our whole et the government do it. I think this hould be looking towards them. I have some problems with the objectivity of sponsors of the resolution. In the sense of their accusations of financial benefit to members of the Town Board, this has been voiced to me several times, I think that's absolutely one hundred percent wrong. The next thing I would like ~o bring up is that the Supervisor is not aware of the contents of his resolution, since I questioned him this afternoon on the contents or understanding of a Nature Trust. I myself do not know what that is, nor did he. I am opposed to the land being taken off the tax rolls at this particular time, in times of economic hardship, and ~ question the legality of the county compensating the New Suffolk school district for school taxes. It is also my understanding that by referendum the nature trust concept could be abrogated. These are my questions on this specific proposal that has been brought up. SUPERVISOR PELL: Questions or statements, George? COUNCILMAN SULLIVAN: Either, or. SUPERVISOR PELL: Mostly statements I would say. COUNCILMAN DRUM: I'~11 make a statement after the people have had a chance to speak. COUNCILMAN NICKLES: I'll wait until the people speak. MARTHA J. PAUL, Cutchogue: I am giving the Board some more petitions. he top one i.s from the Nass:au Farms- Association, Mr. Henry Freeman, President, and this area compromises some one hundred families.-- Today i~ Earth Day. rt will be celebrated acros~s- the nation as it has been for the past ten years to acknowledge that we~ as human beings, can no longer afford to misuse, abuse and exploit our environment and APRIL 22, 1980 survive on this planet. It was proclaimed to make us alt more aware of the land, air and water which sustain us. Right now, at this moment, Southold Town is faced with a very serious water problem. Temik and nitrate levels in drinking water are dangerously high. The air we breathe_is threatened by contamination from the proposed coal burning LILCO plant at Jamesport, the Shoreham nuclear plant and the nuclear power plant in operation now at Millstone, Connecticut, within a ten mile radius of this Town. To the east a disaster at Plum Island could be reality. Our creeks and bays have not escaped pollution. Where have all the fish gone? Fish will not stay in contaminated waters. Land preservation, is no longer an option in this Town. It is necess- ary-for survival. And not only in this Town but this nation and this r-~ world. In order £or this world to survive it has to atart right here at the local level. This Board is not the first that has had to ~ ~_~j decide whether to allow development of land or not but they will be the last Board to decide whether to allow development o£ the last remaining uninhadited island of this size, some of it untouched since glacial times in the entirer~State of New York. Over two thousand years ago a proverb was written. Some scholars say that King Solomon wrote it, and it says, "Where there is no vision the people perish". It's as true now as it was then. Men of vision down through the centuries in all nations have set aside land to remain undeveloped forever. Out County Executive Cohalan has offered to acquire Robins ~sland. Our County Legislator Blass has spoken out for county acquisition. In order to preserve this special island our Supervisor has propos~d~a resolution to that effect and enough people in the Town have signed the petitions. We now have 2434 signatures to mandate its acquisiton~. It is right to preserve This island, it is wrong to develop it and the choice is up to the Town Board. Thank you. DOUG SHAW, Mattituck: I will start by saying I strongly support the preservation of Robins Island in its natural state. The.reasons which prompted me to take this stand are numerous. Economic, political, ecological, aesthetic, recreational, but most of all moral. The people who are making decisions about what happens to Robins Island are considerably older than I, and won't have to live with the consequences of their decisions for~ the hal£ century or so that I will. But more important than my petty concerns are those of our children, likew~se~i our grandchildren and their children who are going to have to live with this decision all of their lives because if our leaders chose development for Robins Island it's a one shot choice, there's no going back if the land is ripped apart. Most of us know what's been proposed for Robins Island by its current owners. Twenty-eighthouses on 242 acres, 118 acres in the middle of the island and 80 acres ~n several, other areas left undeveloped by private g~vernment. Also proposed is a heliport on the island and ferry slips on the island and in New Suffolk. All of this sounds pretty dramatic and exciting until you consider who stands to gain what and what is being lost. The gainers are the backers of the ~outhold Development Corporation represented to us only bY Mr. William esseks who'S titled Their President, but who in fact is only their lawyer. None o£ the:principals have seen fit to identify themselves. Iris pretty standard these days among the very wealthy in Europe and the Middle East. It makes is easy for them to dodge responsibility for their actions and for their mistakes. Even with the best conceived plan for a development, all of the con£usion about who we are dealing with ought to gi~e our councilmen for pause in their enthusiam for development. We don't know who we are dealing with whether or we can ~rust them to live up to their promises. Hamburg, West Germany is a long way from here and nothing is on paper yet and in the time between proposals and bulldozers promises can evaporate into this air. So what, anyway, does this proposal mean? Well I'm told the lots will sell for about $200,000 apiece so you and I won't be running out ~o buy one next week. Who will? Some pretty rich people. So Robins Island which has deeded rights running out under the wate~ so we mere peasants,who can't so much as stroll along the beach, will become an exclusive retreat for a few, a very few, very wealthy people who are trying ~o escape the real world while the rest of us are ~orced to stay. So The gainers are 28 people who can plunk down the half million or so necessary for the land and a suitable house to go on, also the mysterious owners of the Southold Development Corporation. The~rest of us are the losers. We're the ones who can't jet off to the Bahamaw when the mood strikes us. We have to stay where we are and list with what we've got. Now, private real property does have rights according to a little booklet which appeared in the bank the other day published by the National Association of Realtors. Those APRIL 22, 1980 69 rights are to use, to se~l, to-lease, ro enter, to give, or the ~i~ht to refuse or exercise any of these rights. But the booklet goes on to say that these rights are limited by several powers of government. Taxation which support local government, eminent domain which allows government to take property in the public interest upon payment of just compensation and finally.police powerk This is the right of government to regulate property for the protection of the public safety, health, morals and general welfare. Zoning codes, housing codes and subdivision controls are examples of regulations that are based on this power. None of us here tonight is interested in taking anything away from anyone without just compensation, even from wealthy foreigners. But there aren't many of us who: want to see the last piece of wilderness in Southold Town chopped up to satisfy the developers greed. We don't h~ve to permit that and if we are smart we won't. As wilderness, Robins Island doesn't cost us much. Fire and police protection aren't much in demand among birds and deer, neither are schools, roads or sanitation. Rouses and people, on the other hand, require all of that and we can rest assured that any future residents of Robins Island are going to demand something ereturn for the taxes on their haI~ million dollar estates ~mat~er what evelopers promise on their behalf before the £act, and that's only fair. Now, public acquisition of Robins Island would diminish receipts by $39,800, at current rate. Of special concern is the New Suffolk School District which receives $24,000 of that amount. But Supervisor Pell's proposal to acquire the island has specified that funds be provided on a declining basis of over twenty years to cover that cost. Under that program the average district taxpayers bill would increase by a whopping $3.72 a year or something ridiculous like 31 cents a month. That's no burden to any of us. Why do we need ~o save Robins Island. First, it's one of the last bits of our national heritage left in these parts. It came to us in one piece and like the family jewels it's up to ~s~to pass it on to posterity in good condition. There have to be such p~aces on the face of the earth where ordinary working people and not just the wealthy can go to find peace and quiet, serenity and beauty and there are some solid economic reasons too. Tourism, for example, is one of our biggest industries, that requires tourists. What attracts people to eastern Long Island? Its natural beauty. People don't want to see helicopters taking off and landing and ferries going back and forth. They can see that any day of the week in Manhattan. They come to see Osprey and Terns floating on the wind. Wood and runniag Deer. Clean water and clean air, unspoiled beaches. That's what keeps a lo~ of us in business. A lot of us own hotels or rental property or marinas or shops that do a lot of business with summer people, and some people seem to think that they sOand to make some sort of profit from this proposed development. But as John Nickles_:said to me the other evening, this thing is zoo big and exotic for local business to manage. In the case o~ his business which is real estate, it being the sort of thing that Southerby- Park-Burnett would handle, but not him. And that's no bad reflection on any o£ us, we are just geared to normal business with normal people so likely none of us will pro£it fr~m t'his development. But even if we did, those profits would be gone in five years and so would Robins Island. That leaves us with nothing, no money, no island. So there are some very good reasons to preserve Robins Island. Our obligation to ourselves adn future generations heads the list. But the fact that we don't know who we are dealing with when we talk to the developer's lawyer, and the fact that from the point, of view of taxes and our own tourist economy we could easily cut our financial throats. All of these things point to preservation. Adn we've only got one chance left. The time to save Robins Island, the last time to save Robins Island, is now and that's your job, gentlemen. Thank you very much. SUPERVISOR PELL: I!m going to have to ask any further speakers to keep it a little bit shorter, I don't want to have the Board spend the night here. We like to hear you talk, this is a very important issue to all of us. JOSEPH SAWICKI, Jr., Southold: Supervisor Pell, Councilman of the Southold Town Board and ladies and gentlemen in the audience. My name is Joseph Sawicki, Jr. and I reside on the North Road in Southold and I thank you £or the privilege of being able ~o speak before you this evening concerning the future o£ Robins Island. As a lifelong resident of Southold it is my belief that Robins Island be allowed limited private development. As representatives of Southold's residents it is the duty of the Town Boamd to insure the continuation o£ conservative fiscal government, as well as, especially in this day 70 APRIL 22, 1980 and age of Proposition 13, to keep property taxes down as low as possible. As we all know, private development of Robins Island would mean a larger tax base for the Town, which, of course, results in lower property taxes for the town residents. To continue to condemn, sterlize and confiscate property in taking land off the tax rolls is not the answer to Southold Town's future. Our country, the richest and most affluent fiation in the world has developed through the capitalistic system and this should continue to prevail. Two years ago before I was fortunate enough to be gainfully employed in the Suf£olk County Comptroller's Office it was necessary for me to live and work in Nassau County, away from my home in Southold in,order to obtain employment which followed my college education. Even today it is necessary for me to travel to Hauppauge on~ a daily basis. This private development will affect the economy of the Town and east end of the island to allow more jobs and ~o a certain point stimulate our sagging economy~ I also wholeheartedly feel that it is the responsibility of town, county, and state legislators to maintain'the unique rural character of Eastern Long Island as it now stands and through limited development and proper planning this environment that we all cherish will never be diminished or hurt. The Town Board has the wherewithall to guarantee this through their zoning procedures and this must be done for the-benefit of our Town and its taxpayers. As you know, as Mr. Pell said before, my occupation is that of Deputy County Comptroller for Suffolk, serving with our County Comptroller Mr. Joseph Caputo, and I would like to 'point our at this time that Mr. Caputo concurs with this position. Thank you. WILLIAM GOLDER, Southold: Ail IUd like to say is I would like to ask Mr. Sawicki which placed he liked better, whether he liked Suffolk County out here living or whether he would rather live in Nassau County. I lived in Nassau County where I used to shoot birds and so forth and £ish and it was wonderful when I was a kid. Then they built houses. Right after houses, adn some of those houses are ripped down, and there is nothing but big places and if you want to go out for a little fun, why you can walk around the street and get mugged or something like that. This-is development that is progress as seen from a money, standpoint. What we are goin~ to be, we are going to have the same thing out here. We can be cement from one side to the other or we can have our wonderful living as we~ve enjoyed it and our posterity has a right to enjoy it and I~m very much in favor of preserving that, just like Gardiners Is~land-and thank God they preserved Connetquot. rf anybodys ever been~tm that park.~.you~d be surprised what the government can do with a park and keep it in its natural condition. It is wonderful there and Robins Island can just as well be taken care of. The future is up to ourselves. SUPERVISOR PELL: I would like all remarks-addressed to the cha~r~ ~e will have no cross-fire, it will come to the chair up here~ please~ JOHN WICKHAM, Cutchogue; Ladies and gentlemen. It is probably there is no one more directly concerned with what happens ~o Robins Island than myself. MY FAMILY AND I' own about ~50 acres in New. Suffolk School District. I would guess that excluding Robins Island there is not more than 300 acres. Now. ~rue~. a lot of our holdings are~ wetlands but we are certainly' the most directly concerned with what the tax picture will be. There will be no question of that. It would appear to me that i£ Robins Island were developed ~n as little as ten years it would have a severe affect on our tax structure. I think that many of you don~t realize how much-it costs to maintain highways on Fishers Island, This isa responsibility of the Town. We would presumably have to maintain highways on Robins Island. I have heard it said .there wouldn't be any children so that ther would be no schools~ but I submit that the people-who own these homes would have live-in help and there would be children and I believe the State mandates transportation for as little as one child. I have already heard that the Cutchogue Fire District would expand to include Robins Island and we wonder about,- agaln~ twenty-four hour staffing of a substation or what arrangements could.be made. Frankly, if all of Robins Island were taken off the tax roils it is my personal opinion that we would be better off, not immediately, but in ten to tweutyr~±ve years, than to have it developed~ Now., there is j~s-t one more thimg, and I' m looking at Bob Taster now, I understand~that we may not engage ~contract zoning, therefore we may net enter into an agreement or a contract which says-~that :there wii1 be four or eight acre zoning or there will be only ~wnety-eight homes. In other words, ladies and APRI~ 22, 1980 gentlemen, we ha~e to f~¢e the ~"~:~t~h~i'~he~,c~rts may say you h~ve one acre zoning in the Town of Southotd, there will be three hundred and fifty homes allowed. These are the possibilities. I don't know the answer. I don't know, as t stand here today, whether the town gains or loses. I don't know whether I gain or lose but somebody needs to make some very serious studies of just what might happen. Thank you. CHUCK MEYER, Southold: I'll make my comments very very brief. There are very few Gardens of Eden left in this world. The eastern end of Long Isaldn used to be one bastion when I moved out here, it has diminshed constantly since; the concrete is growing every day Robins Island is still a Garden of Eden. If you are damed fools enough to bite on the apple and destroy it you deserve anything you get and perhaps our children and their grand children after them will hate you for doin~ it. JAMES DILL, New Suffolk: There are several things. We have waterfront property that we have had in the family for years. I know John, John knows me. But there are several things I would like to bring out. One is, I resent Councilman Sullivan's idea that it's Republican versus Democrat. I'm a long time Republican, a lifelong, and I resent, am for the preservation of Robins Island and politics should not enter this thing at all. COUNCILM~ SULLIVAN: Jim, I didn't want it to but apparently it has. MR. DILL: My other point is this, these foreigners with their cheap dollars have bought this exclusively, no a~tomobiles or anything and I'm here to ask not only zo preserve Robins Island but what is going to happe~ to the town of New. Suf£olk with its parking space. At the present time.---it's all right for people in other parts, but we have to live here in our little town. We have the town beach, we have the ramp that Mr. Drum was talking about and in the summertime, it is loaded~ with Jersey cars, no~ our own, but cars from New Jersey. Monday mornmngs along our street we pick up the beer bottles and beer cans and like that. Now, for 28 homes, and I believe ~'m right in this, you need two and a half spaces per home so that we would have to provide in New Suffolk parking space for approximately 70 cars. Now, weekends when they have guests, God knows where they're gomng to park and I think in considering this you have to consider the town itself and what it's going to do to us. If they want to buy it let them take their cars over there, but we cannot afford zo have more parking, people take up~a_whole block of parking, in New. Suffolk~ Thank you. ANDREW GOODALE, New Suffolk, President, New Suffolk School Board: Firends, this is a rather unusual audience. I think we have people who are here for preservation, we have people for private development and I think we have some people here who are here to see what is developing. I would say the general consesus is the fact that there is a gangplank syndrome, obviously, everybody that comes out to this end of the Island in a ~ew years they say, "Well, pull up the gangplank, nobody else should come out here." That may very well be, some merit, but so far I've listened ~o some conclusions and I haven't had too much in the way of facts. What I would like ~o say is I am here principally because the Town Board has a decision to~:make and I am sure they will give it the necessary study in order to come up with the correct decision. Secondly, we hear about the uniqueness of Robins Island. Y'ou would think this was the only'island on the whole Atlantic Coast but it is not. You have several islands up Off the Massachusetts coast that are privately de,eloped, privately owned, and people don't go on them for the simple reason is that is the way they pay their taxes and as such ~hey shou~.d be entitled to some privacy.. On one hand we hear all about the privacy which we are entitled to and on the other hand we are not so sure about the privacy'when someone wants to have it -- these so -called alleged foreigners. I don't know whether they are foreigners or not but I do know that we have a situation where we get a substantial return for the New Suffolk school District, and when you take all the islands that are along this coast a~d that includes Gardiners Island, includes Fishers Island, and Shelter Island which is near by and Block Island~ Nantucket, Martha'a Vineyard, they have set themselves a'farily good setup for future growth. Now, when we get to the point where the ~iberals, and I say the liberals because now there is a swing back to conservatism, we find we're a little busted in Washington, and the idea is more or less not to be in vogue to give away a billion dollars for this APRIL 22, 1980 study or a billion dollars for that or a million or whatever we are going to give away because we donrt have that kind of money any more. I know I have lived in New Suffolk for over 50 years and I've looked au Robins Island and it is a beautiful island, I will agree. But the question is, that if 28 families are going to develop it, they are going To covenant and they are going to leave a big open space_~in the middle, then I think they should be entitled to that opportunity to present To the Planning Board and get the results of that study and I think this is the democratic way to took at it. Now, when you look at what the government is going to do, and I say the government in general, a few years ago on the school board we had lottery. They were going to give us everything, you Won't ha~e to worry any more. When we have a lottery people are going ~o flock to gamble and they are going to give you back enough money so you won't have to worry about your expenses. Last year we got $300 as part of the lottery which was going To come to New Suffolk and we ~havenlt gotten any more in the way of state aid than we got in 1965 which is the hold harmless provision which is $3900. What we are saying here is that bureaucracy has a tendancy to expand an invert proportion ~o need and that is the trouble with some of this country, that we are expanding too fast and spending too much money but we don't know ehere we are going To get the money from and when you take land off the tax rolls for the reasons that have been advanced I think it's wrong. I think that we Should have that kind of income and I think it should be assured. Not only that, the StaTe of New York, when they take some of your property they will give you a grant only to the exten~ of what the tax base was at the time it was taken, Section 545 of the Real ProperTy Law. And when they have given you whatever proportion that they decide will take care of you that's the end of it and you will get no more and then it becomes a Tax situation where you are going to have rangers i£ you are going to have some kind of conservationist or whatever you are going to have that's going to'cosT money. But, if it is privately developed you are going to get the advantage of having whatever the tax rate goes up over the years . The world won't come To an end one way or the other and I can assure you of that. But if it is given to a development or a municipal purpose the school no doubt will close. I personally went to that school but that isn't going To -ce the last thing in the world as far as I am concerned, but we do have an economical school. For several ~ears we have been at the lowest point in the vax expenditures for that particular school. If ~ pass it on to the next school board or school district you are going to £ind it is going to be an added burden on everybody so everybody is going to pay eventually, there is no free iunch. What I am saying is that I had some dialogue and has been quoted that Mr. Note was in £avor of this we have a letter which came from Mr. Behan, John L. Behan in Montauk and will just quote to you, "To me the most wensible plan would be the reasonable development of Robins Island. The development proposal that has been made to me seems To be a sensible one and I do not feel that the .beauTy or the ecological balanceof Robins Island would be destroyed by this kind of limited developemnt~ Further it would become a further tax benefit ye your school district and also the Town of Southold." He said a similar situation already exists on Fishers Island which has limited developmenT. "If anything Robins Island would be less development than Fishers Island. It certainly cannot be said that Fishers Isalnd has had its beauty diminished or has had its environment spoiled by the limited develop- ment that has occured on that Island." I would just like to make one further point in connection with the development and that would be along the lines that where you have something tham we kmow is working, we know that it is bringing a substantial return to our Tax, that it will give to this.end of the island a boost in terms of further development I would, say that we should be for it~. Thank you very much. ROBERT WACKER; Cutchogue: I jus~ wan~ to make one brief comment. I think some of you may remember that A1Martocchia used ye say that there never was a real estate development yet that paid its cnw way. When a real estate developmen~ moved in it would pay the taxpayer for the Town Board to acquire that land at the speculators p~rice and convert it into a park because, when the houses come and the people come and the children come and the police needs come and development consumes more in costs than i~ pays back in taxes. Mr. Goodale and the people who seem to believe that -these Germans are Santa Claus are just being starry eyed. They're not going to pay that money and want nothing for it. It is going To cost more than it brings in. ..... ~ r v uf olk County League JEAN TIEDKE, Southot, d: ~?-I am Sp~g..,~o, ~ he _S .f of Women Voters. We supported the::study of the marine sanctuary which included Robins Island. We feel that there has been too much emotional and political pulling involved, that very few har.d facts (have been presented on either side of this discussion about Robins Island or about the value or lack of value of a marine sanctuary. If you as Town Board members do not know the answers to all of your questions and all put questions why did you turn down the $50,000 marine sanctuary study fund which included Robins Island? We deserve an explaination from each one of you. MICHAEL MATTES, Mattituck: I would like to direct a question to Mr. Sullivan. Mr. Sullivan, a little bit earlier today, stated that (I'm paraphrasing) the majority of the people in Southold don't support accquisiton. May I ask you how you arrived at that conclusion? SULLIVAN: The people that I've talked with and called me and ventee their feelings towards me, I come to that conclusion. MR. MATTES: How many people did you speak to one way or the other, Mr. Sullivan? MR. SULLIVAN: Twenty-five. MR. MATTES: Was there a petition circulated in opposition to the acquisition..of Robins Island? MR. SULLIVAN: No. MR. MATTES: Was there a petition circulated in favor of the acquisiton of Robins Island? MR. SULLIVAN: Probabl~ there was. MR. MATTES: There was, there were about 2300 signatures on that versus the zwelve people that you claim contacted you. Would you say,~ therefore, that the majority of the people as represented~b¢ those figures are opposed to the acquisition of Robins Island, Mr. Sullivan? MR. SULLIVAN.: You asked me how many people had talked to me specifically. MR. MATTES:. Now, you made a statement earlier that the majority of the people you feel in the Town of Southold-- MR. SULLIVAN: That talked to me. MR. MATTES: That's no~the way it sounded, Mr. Sullivan. Second of all you also stated it is probably illegal to reimburse the Town and school district for taxes. MR. SULLIVAN: I question the legality Of that. MR. MATTES: Well, I.might state as a matter of fact, in the case of the Rocky Point School District, the State o£ New York has been and is c~rrently reimbursing them for loss of revenue represented by the transfer of the RCA transmitting property there to the State of New York. They are being reimbursed 100% for taxes lost. I also would like ~o~make a~statement concerning the school district. feel very deeply that people should not have to suffer additional taxes. I certainly don't like paying taxes and I know none of the people here do, but it bothers me that some o£ the people in the school district would feel it is a one-way street, that they would only get tax money and they.would not have to put up any services. Also, if perhaps they feel there' would not be any school children.. coming into the distriev. Maybe the Southold Town Board could legislate birth control for the people living on zhat island, I don't know. But in any event, the szudents coming in are' definitely going to require services and with the greater number ofstudents coming in you are definitely going to have zo provide more services. It's noz a one,way street. They are going mo require more services, you undoubtedly would have a certain number of student s that require special services, disabled children, etcetera, etcetera. I would jusz like ~o bring that to the school district's attention. Thank you.very much. APRIL 22, 1980 ANDREA RIVE, New Suffolk: I think you are in receipt of my letter so you know I am in opposition to the county acquisiton. Tonight, in the interest of brevity, I would just like to ask you how you can reconcile preservation of Robins Island with 100 visitors a day traipsing all over the Island and picnicing and what provisions do you intend to make ~to transport those people there. Do these include private boat owners who would beqch their boats and pic~c~_without going through the regular channels? SUPERVISOR PELL: Yes, Article No. 3. in may plan says, "That the manage- ment policies be assigned to the Town of Southold so that ~effective control of the Island" is at the Board's level. This Board will set~th~ .~--~ number o~ people that will go on the island. This Board will control the island. 'This Board will have the say of how the people get on: it [.,~ and off. ~he control will be with your elected officials which I am one sixth. There are six members on this Board, I ha~e one sixth vote. It is the people you put in office and the elected o~ficials who will have the management control. That is how I expect to control it. Through the people who you pick to represent you. MS. RIVE: I was just calling your attention to how many people would visit the island. ARTHUR KENNIFF, Southold: Mr. Supervisor, Board members, ladies and gentlemen. I had' not intended to speak this evening. I did not come with prepared brief but I have first hand knowledge or Robins Island over the last twenty years. My very good friend John MacKay owned the island for most of that period. There has been several proposals Of uses for the island. At one time Curtis Wright had a deposit on zhe island in the amount of six million dollars. The county then released a statement to the press saying it was the county's intention to purchase the island. That was enough to kill that sale. Then when the county said they were going to purchase the island the local residents objected to the £act the island would bring more people to the area than a development would have. So we have been on both ~ides of the creek. I've heard people speak of the fact there might be children on the island. There have been children on that island several times-in the last twenty years. The town is not required to send boats or trans-~ portation for them, Mr. MacKay provided it. I would assume the same situation would prevail with anybody else who was on the island. I've heard mention o£ people with 2000 some petition signatures. There is onw very easy way you can preserve the island if you wish to and that's the purchase of it and~-keep it on the tax roll's and pay the taxes as Mr. MacKay did for almost twenty years~ I've heard people mention they won property i~ New Suffolk. I ~lso own propert.y in New Suffolk. We also run a business in New Su£folk and it has been very very di£ficult to r~n over the period of years because of ~he non-develop~ ment situation that arises. It has taken me two and a half years to get the.permits to rebuild the bulkheads that were damaged during 1977 ice capade we had in this area. I £eel the best thing ~hat can happen to this island is controleed development. If we sta~d still as the western end did we're going to be unindated with people. You cannot have a bedroom community in this area, it is not within commuting distance to New York. There is no industrial complex in the hear area that can sustain a bedroom community. The young people, my children included, have had to go elsewhere ~o ~ind employment and it will continue to be so as long as we sometimes put our heads in:the sand, I'm £or development. VANA JAHN, Greenport: For the past hour and a half most o£ the people who have stepped forward indicated that for one reason'or another they are in favor of preserving the island. I concur 100% with these people and I would l~ke to go a svep further. By allowing a group of private individuals ~o preserve the island I think the Town of Southold would be served be~ter because if you compare a well groomed privatel~y owned piece of propervy with a park in which monies have to be invested in order to achieve the same effect you will simply come to the same conclusion. Furthermore do I believe that by allowing the island to be purchased by the state or by the county ~ax money Will have to be spent and this money has to come from somewhere and usually out of our pockets and that means everybody in this room. .Whether it is federal, state o~ c~unty money it had been paid at some time or another by us. If we allow this island to be developed in~ a way that -- the way it has been proposed by 28 homes I don'm think tham ~nyone in his right mind who has children would wan~ to live on that island. If I would be faced with that APRIL 22, 1980 decision and I had children I wo~l~'~'ee~zn.l~-~sk the question, how would I get them to school? So .would anybody else. Finally, I would like to mention to the gentleman over there who spoke about the distance from Hamburg, Germany to here. It's a very short one. I've traveled that distance. I chose to live in this country because it~.s the last country, perhaps, where you can pursue a career without having to be curtailed by some form of government where you are allowed to own property. If you go to Hamburg, Germanyor further east only 60 miles you wouldn't be allowed to own property, wouldn!t be allowed to speak out because government has taken over completely. Not like here where we are allowed to step over and talk freely without fear. Those people cannot and I think it is important to preserve this and let anyone who wishes to live here, when'they are foreigners or not, to do so. Thank you very much. STEVE WICK, Cutchogue: For those that euphemistically refer to something as limited development, there is no such thing. There is development and there is no development. There is no such thing as limited development. I think if you read case law you will find that if'someone buys a plot of land he can do with it pretty much as he choses. If someone buys 12 acres of Robins Island he might sell 11 to his:ifriends and I think that any development would be wrong at this time. Thank you. ADDY SCHREIBER, Southold: I am going to make the shortest statement I have made in all those God btessed years. I am a summer resident since 26 years, I was in New Suffolk. I'm an all year round resident since seven years in Southold. Once developed I give a fiat warning to the real estate owners and home owners around NeW'Suffolk harbor that when this invasion is going to take p~ace, because 28 homes will be 280 homes in ten years and all those who are going to vote against preservation will be roasting in Hell by everything what the grand- children are going to wish for them. But those who live right out here and have real estate property, ddnlt forge~ that their property value, if that invasion takes place, will go down besides the school board president, services demanded by those people who are going to be 28 homes or 280 homes because more than the $3.70 cents. And as the last sentence, if you want to I'm going to go house by house and collect Mr. President of the School Board the $3.70 in or,er to save it. -' Thank you. CARL VAIL~ Southold: ~r. Supervisor, Town Board. I am not in the habit of making many speeches, I have been trying ~o make a little mark in the last 61 years and I think I have the dubious distinction, possibly, o.f being the only active automobile dealer left on Long Island with 61 years experience. I have been through any number of depressions and this one is entirely a different one and I!m afraid not all of you people realize the situation. In any business our insurance is way up, our labor is way up, our material is way up, our heat and light is way up and there's no way out of it and anything that we do should be in the light of whether our fellow townsmen can stand any tax increase whatsoever or whether they are going to be able .to pay the taxes that they will be faced with in the next few years. Now, as far as county owned things and park con~issions and various things, it seems to me that Long Island has more park area counting the county, the town and everything that any other part of New York State. It's some problem to know and trust. The County Park Commission has fooled us twice so far. Now, supposen this jurisdiction is turned over to the town and they start folling us. Where are we going to be at? Now, Camp Dunes was taken over by the county, ohm no, we aren't going ct have a boy's camp. Oh, no, it's going to be a park. And three ~'~ months it was opened up to a boy's camp, they put a cyclone fence around everywhere so you can't get on it and on top o£ that previous .... to that they had one man caretaker taking care of the whole thing and the net result we got three guys sitting, around there playing cards year in and year out, virtually to take care of the thing. They took over Cedar Island with a beautiful light house for ~25 year, all carpeted, red carpet up the starts with case after case o£ glass- ware and outside building with diesel motors to furnish power on that thing and three weeks the whole thing was tore to peices, the tiolet was gone out, there-isn't a window left in it. There it is. And the~ first thing they did was take the planks o££ the dock so nobody could land there. Now, who are we going to believe. Are we going to mum this thing over to the town and trust them to handle the park and keep people~out. It costs money to keep people out~. I don't know whether you realize that there's 200,000 people, automobile factory employees, walking the streets and that's one out of every four employees in the 76- APRIL 19S0 automobile factories. Now, the automobile industry and allied indust~ ties employ one out of every seven people~employed' and you take the housing situation, you add that and you find that practially one out of every seven people are employed in either housing, lumber yards, carpenters. Now, we're facing a very serious situation in this country. We ha~e a President and a Congress_dedicated to:the theory that by setting the country into a depression they can stop inflation. We've go~ a President and a Senator Javits that still believe in Salt II after Russia's performance. Somebody's crazy. FRANK BEAR, Southold: I will be very brie£. I'd just like to find out if the people.who are -- feel tha~ the New Suffolk School District is going to gain ~rom this and those who see a gain in taxes on behalf of the people who already live here. I was a member o£ the Baldwin School Board back in the 50's. A £ew years after my wife and I moved there with our ~wo children in 1946, at that time we drove through farmland ~o ge~ from Baldwin to Rockville~Centre. A £ew years a£ter that there were houses built, there were developments. I recall a~ the time, about 1952 that there was concern about what we were going ~o do with all the children that were being born there. First, nobody is going ~o be born on Robins Island, because somehow or another the people there do not ~have the same king of desire as usual. We-h~d a man in charge o£ a study who would get up in £ront of the group and say, "I'm telling you, in a few years, we're going to-have a tax rate of $5.00.~' At that time it was around $2~00, and now it's up some- where around $12.00 ot $14.00, I~m no~ quite sure what, because ~'m not there now and ~he result was at that time schools had to be built, s~reets had to be built, fire departments had to be increased in size, police services had to be increased adh the result was that we had to pay more in taxes. The schools that were built in the 50~s are still being paid for. The 30 year .bond ~ssues are sti~l running on m~st~o£ those schools, in £act~ all escept one and 'some will be going on for another t~en years or so. The experience eTerywhere has been thaz_developmenz coszs more and not less in taxes. Thank you. SHIRLEY CROCKER, Southold: Mr. Pell, I just wanted to know if you would clarify a. statement you made 'bfore that you would see ~o it that people are kep~ off the island. I£sthe counzy acquired it~ would it no~ be open ~o all county residents'and wi~t not this qualify all our local.residents, so.how can be police it and keep people off the island. SUPERVISOR PELL: ~nd~']th~am[!_pu~i~th ~the .management to manage Ro'bins Island would be assigaed to the Your elected o£ficials, under th~s program, would be the ones who set the rules and regulations and other management policies under my proposal. MRS. CROCKER: I know, but it would still be open to all the people in the Town of ~outhold. SUPERVISOR PELL: Dr. Koppelman can answer that~but under my proposal if it is going to be a limited amount o£ people allowed on'that island and who's going to be allowed on that island would be under this Town Board's management regime -- is under the Town Board under my proposal. MRS. CORCKER: That's if you acquire it. SUPERVISOR PELL; If the county acqui~es it under the proposal as put forth. MRS. CROCKER: That's something ~ don"~ understand. I~ the county acquires it we ail pay taxes to-the county, it certa±nly should be open to all ~own residents. SUPER~SOR PELL: Sure, it would be, but the managemenm p~licy --- the management policy, Mrs. Crocker, whatever' the polities would be set by your Town Beard. W~LLIAM GOLDER; I'd like to -- may i answer that question. I can answer teh question that the lady aske~. If anyone,'~probablt some o£ you here have been to connetquot. Now, Connetquot was a millionaires preserve up at Oakdale. Wonderful trout £ishing, sonderful game, it is the only place on the Island 1 know still has wild turkey, dee~, everything. Now, they have a limite~ '-- you have ~o ask, APRIL 22, 1980 you have tO request permission ~a: go..th~.e.~and-it renews your faith in government officikiS]"~he w~fi~'~:~'~Un'~r Mr. Gil Bergen who runs it. It is so efficient, it is so clean and the people who go there -- I go there trou~ fishing. Now, when I first went there I couldn'~ believe there was any place like it. There's better trou~ fishing there than there is in Canada. or any place I have been trout fishing and it's hard to believe if the planes weren't going overhead, it's hard to believe that you a~en't in the wilds of Canada or even Alaska and when I firsi went there four years ago, I said, this won't last long. It can't even last a year, it's impossible, itas just g~ing to be destroyed. But it hasn't beenm even I pick up a piece of paper if I see one and I don't even pick up my clothes. Now, the way it works, you have to telephone in, make your reservation.' Now, that is for the fishing. It also takes care of older people and for school children, school children ark there but thye have guides and everything is done. You would have to be there, I can't hardly explain it. You make an appointment. By appointment only, limited, and it is heaven on this earth and it's on LQ~g Island and any of you can go there and enjoy a day in the country that Tiffany, the President and everyhting from:;-.the past two hundred years .have-enjoyed and they were millionaires and we're not and we can enjoy it. It is wonderful and as I say, you have your choice of parks or cement from one side of the Island to the other. Now, suppose New York City didn't have Central Park and a few other things~ where would the people go? There is no place. Believe it or not it's coming here whether we like it or not. You can see every year the way the population explosion is taking care o~ things. There is just not going zo be enough land no matter how much you get. You won't have enough parks for people, but the choice'is up to your self. This is j~st my opinion. Thank you very kindly. MICHELLE KOUSOMONO, New Suffolk: I live in New Suffolk, I have three children, two of which Who have been in New Suffolk School ar various times. I also own property in New Suffolk and I would like to say something very brief about the taxes in New Suf£olk. 'We have, as far as I Know, the lowest taxes of anybody aro~und, no one can believe the amount that I pay in taxes. But the fact is-when I tell people what I pay in one year who live in western~Su£folk or Nassau, they say, that's what I pay in one month in taxes. For us to be stingy about a few more dollars to'save something which is basically the reason we all live here, is the beauty of the place is really being very silly. Thank you. SAMUEL M~RKEL; Southotd: Y really believe that this is such a hot potato in this Town perhaps we should go to a referendum, and since referendums cost money and it costs the taxpayers money, I further suggest that we take a straw vote. Now, that works very well and I know that then everybody in Town will get an equal opportunity t~ say what they want and give our Board a chance to really consider the facts according to what the people think and not just the pros and cons of people who came out here tonight. I know there's a lot of people who ~didn't get out here tonight to~ talk and I think those people would go to a straw vote or referendum. Thank you. SUPERVISOR PELL: I would like to ask Dr. Lee Koppelman to address the floor, Please. DR. LEE E. KOPPELMAN, Director Suffolk County Planning Department: Supervisor Pell, other distinguished members of the Town Beard, I do appreaciate the Supervisor's invitation to be here. The eloquence I heard tonight is unmatched in my thirty years in public life so I will not try to compeze with the citizens in your Town in any way. I heard a lot o£ commen~tary. I believe all of 'it sincere and as several spokesmen said, they were short on facts and rather than argue the case directly I would prefer to try and answer some of the questions that were implicit in the various issues. First I think everyone, pro or con, has to understand that what we are discussing here tonight, the Town Board's reselution, is only a first step. The marine sanczuary, whether you .support it or do nom support it, is dead. That has to be understood. That means 'there is only one option if Robins Island is to be saved and that is the resolution that is now before the Town Board. Now, this particular resolution was specifically dra£ted to answer the concerns df the people who spoke a~ all the previous occasions. Issue number one: would th.e.~£ederal governmen~ impose control? Under this resolution, in no way. Would vhe State of New York take away home ~ule prerogative? Under this resolution, in no way. ~ould the Town Board of the Town of Southold set a policy APRIL 22, 1980 to protect the people.of the Town? If this resolution is carried to its fruition, the answer is yes. The Supervisor even provided the question of the ~ax base an~ I think the young woman who courageously said, and honestly, that this-particular school district has the lowest taxes of virtually all the school distric~ in Suffolk County. But let us see what the issues are. If the Town Board, in my. opinion, exercises the wisdom to support this resolution, that does not guarantee that the county will follow through. That's what I mean by first step. I think the mos~ disasterous posture that could be t~aken would be ~o translate this into a partisan~issue. It is absolutely no~. At the height of the Civil War, ¥osemity ~nd the'Redwood Forest~ was se~ as a priority by President Lincoln when he was worried about having General Grant is his front parlor £or breakfast. At the time when this country's survival was at Stake President Lincoln took a step that no other p~esident had ever taken in the history of this country and that was to be concerned abouv the National Wilderness in a part of the nation he had never seen. That's fact. In 1905 President Theodore Roasevelt called the first Governor's Con£erence to establish the national policy for the creation of the National Park Service. Now, perhaps in a partisan way, Democrats are like'the Russians, they ~ry and grab the credit-£or every damn good idea that's ever come on this earth. Well, let me say, if there is partisanship ~o our God given commandment ye be shepards of the earth and protect what the good Lord has given us, then I' would think the Republican party, rightfully, could claim for credit.in this society for doing it, if it were a partisanship, but it is not. When-we voted for parks in this county in'1960 four out e~ £ive-Suffolk resident- voted for parks and if it were partisan, let me observe, sir, that since the overwhelming enrollment in this county happens ~o be Republican, then again the good sense of the honest Republicans in this county have preserved the parks that we have. I would point out at the s~ate level, to the gentlemen who said Suffolk County has more p-arks than any other part of the State of New York, I could only say would the good Lord make that a~ fact. Unfortuna'tely, it is not. About 3% of Suf£olk's real-estate is in count~-parks., 3%. On the other hand a governor by the name of Rockefeller worked very diligently ~o crea~e and preserve the Adi'rondack Wilderness which far exceeds anything we could ever achieve in Suffolk and he also initiated the svep for the Catskill Preserve. So, again gentlemen, if you're concerned abou~ party~idiology, then I would submit loyality would demand support"o£ ~ark preservation. Now let's looka~ some of the questioas unde~ that basis. Zf this~Town Board passes a resolution, the rear"battle will be before the Suf£~lk Legislamure. If ~his amount of people co~ ever be brought before the, Suffolk legislature, I think it would be ~ miracle in itself, but it would lead ~o success, because we do have a responsive form of government. In ~erms of straw votes ~ referendum, we ~re a republic. We elect ~p~ople to be responsive to us. We hold,public hearings to get the voice ~f the people. In all this deba~e on the acquisiton of Robins Island I heard from one citizen in opposition. A very respected member' of the realty profession .who is a resident ~o~ this Town, who sent me three letters,to which I responded, each letter adding on in length and we-mutually agreed that we were on.opposite sides o£ the fence. One letter of ,opposition. Well over 100, and I didn't bother counting, but well over 100 according to my log of people who catlkd in favor of the proposition from this Town, not from other parrs of the County. Now let us look at some og the other parts of the questions that were raised~ One of the distinguished members' of the Town Council was concerned that i£ th~s ~s placed in a Nature Trust that this could be abrogated. Well, in a democratic society anything can be abrogated. Le~ me tell ybu what the process is. If this property is purcha'sed, it would first be purchased and dedicated legally under the State Constitution for park purposes. In order for a park to be-disposed of and even the most p~wer£ul "~ , Mr. Moses learned to his chagrin when he ~ried to slice off a half acre d£ Central Park for~-a restaurant, that even he couldn't get around the State Coastitut~en. If you wish ~o sell dedicated park land you have ~o have two-consecutive acts of the State Legislature and i-t is subject to a permissive referendum by the peop-~e~ I can't think of any device that guaranmees that once a park is dedicated it remains. The I~ature Trust is a further proviso.' This is a proviso that elected officials should be conscious of b~ec~use it was vo~ed by referendum, for the gentlemen who is concerned~by re£erendum, by the people of Suffolk Coulnty, to create the Conservation Bill of Rights which establishes a proviso for a Nature Trust and for a Historic Trust, whoch further ties in perpetuity the protection of these la~ds, and it responds to the complaint of the people that parks are no~ necessarily i-n the best interest either of ecology or of the community if they become overrumk~ Ther~"~~i~that should be preserved. Ou~ ~our rivers in terms of river wilderness area~ This ~ype of property is similar in nature. Now, I heard a grea~ deal ~f in- consistency from people who got up and said, "Let's preserve our rural way of li£e,"which I ~pplaud, I suppor~. I didn't recommend in 1960 the preservation of £armland because I wished to see either the economy or the beauty of this area dissappea~, but if one is going ~o be logical, rational and consistent, you cannot argue for preservation of your way of li~e, you can't .argue to hold on and create a Peconic County because you what to preserve your way o£ life and ~t vhe same time encourage development im all areas. Now, with±n the land mass of Southold there is nothing to.prohibit development from one end of Southold to the other. From the Bay to the Long Island Sound it is all zoned fro development and here we'~e ~alking about 400 acres, and for the gentlemen who can cite all ~he islands on the east coast, I would submit from an ecological poinv of view, we do not live in Maine, we do not live in Massachusetts and we do not live in Carolina, we live on Long Island, and in the Town of Southold 5here is one island, not a dozen and it's a:minute island. And the choice that you are really faced with is not limited development and reap a few bucks, bu~ whether or not you are going to replicate the mistakes of ~he west. Now let us talk ~bout facts in terms of covenant. You're being sold a bill of goods if you believe for a moment when any developer tells you that they're only developer is honest and I pr their integrity. They canno by one element and that is were ~o say ~o this.,Town Boa houses and set aside 28 one each building lot with 9 act home would then have ten acr dedicated open space, it co it could be .to a homeowners im the event the homeowners automatically goes to govern you would be faced with the and 380 acres in one form or that is not what you're bein that you could bind future o covenant. I've been through properties. DJ× .Hills in Hu covenant and it worked as lo At that point in time. that t the coyenan~ went ri,~ht ou~ two acret, zoning~ millionaire about ~axes, millionaires co trustees owned most of the r changed the zoning £rom-hous acre by the. stroke o£ the 13 million dollars over aigh to benefit., the community is benefited were the ones who let me tell you what happene successful, $150,000 to $250 now have to have sewers whic Southwest Sewer District. former ~rustees who go~ the and future citizens. Now le have been several references my new colleagues in ~county set by the comptroller of th assistants.. It is set by th and the c.ounty polmcy since And the adopted com~rehensi~ Legislature includes the rec Island. The county executiv in just such a packed meetin preservation of Robins Islan exist and several speakers way that development i~ the studying this since I've bee anyone asked me why do taxes in focus, in 1960~ ladies an form of governmetn we ~d 66 a county budged.of under. $7C 1980 the population has just million. Last year's count going to do so much. Even if the asume these people are impeccable in perceive the future, they are guided ae legal zoning. Now, .i£ the developer rd, "Give us the right to build 28 acre legal building ~lots and surround as o£ open space so that in effect each es, with the 9 acres being in permanen~ mid be ~o the Town, to Nature Conservancy, 3rganization with a reverver clause that association disappears that open space ~ent. If that were to be the case, then following subdivison; 28 one acre lots another o£ permanent preservation, but g £aced with. 'And there is no2.!egal way wners of this propar.ty ~o any kind of this mill numerous times on private atington had a five acre homeowners ag as the original owners supported it. he composition of-the community changed, the window. North Hills, Nassau County, s community. They didn't have to worry mmunity. The majority of the village eal estate, vhey discovered that if they e per ~wo acres ~o ~wen~y units to the gislative pen the proper~y appreaciated t. .Well, the school 'district i~ going going to benefit. The 0nly ones who the appreciation in land val~e. Just .t Condominum builders'have come, very ,000 houses. One slight problem. They h they don't have. I won't dwell on he's going ~o pay this cost, not the appreciation in value but the curren~ t's talk about county policy. There~ me county o~£icials, including one of government. The county policy is no~ e county, nor his dep~y, now-his e legislature and the county executive 1960 is the preservation o£ certain proper~y. e plan, adopted by the Suffolk County ommendation for the preservation of Robins e of Suf£olk County appeared before this group g and initiated the suggestion for the d. Those are the facts as they now ave pointed to the fact that there is no long run assists your tax burden. In n Suffolk County Director since 1960, if constantly go up, and let me put ~his d gentlemen, when we s~arted the Charter 7,000 citizens in this counmy. We had ,000,000. That was the budget. Now in doubled, we are a little over budget was $711,000,000., a doubling . .APRIL 22, 1980 of the population and a thousand percent increase in the taxation. Now, from your point of view your lucky, because most of that increase was in the western five towns, not out here and the reason we've, had that increase is because of development. Houses do not pay their own way, and I'm not suggesting building walls, you people are not going,~to. As your population increases, your taxes are going to go up. But if you want to encourage those ~axes to go up at a faster rate, that's your choice, but you can'"t have it both ways. The late Supervisor Martocchia was absolutely right, the only thing that really pays ~the difference is if you can gem an industrial land base with all the workers living in Brookhaven, then you're~ahead of the g~me. And anyone who tells anything to the contrary is giving you' myth, not fact. Those~are-the facts. Now if there are specific questions that I could answer I would be happy to try and do so. Supervisor --- SUPERVISOR PELL: Does anybody wish to ask Dr. Koppelman any questions? MR. KENNIFF: You indicated that the developers have changed their minds. I ask you a question, didn't in the early 70's the county say they were no longer interested in Robins Island an- would never take it for condemnation? DR. KOPPEL~AN: Supervisor Kl. ein at the time was offered the island by Mr. MacKay. The Suf£olk County Ptann~g Commission reiterated its position of support at the time. We follow county policy on park acquisiton by going to the local units of government. We went to Southold as we did when Orient Point came under the block and the Town of-southold at that time was hesitant on both sides of the'issue and then finally came down negative. The same thing happened on Robins ~sland and the response that' we had received was, what do you need ye buy it for, nobody c~n build on it. I talked to two members of the Southold Town Planning Board, and they said no problem, when a developer finds out that he has to have a ferry service and when'they find out the problems and When they find out.we're not going to give them parking on the mainland there is no way they can develop it. That was the attitude~ The county executive himself was concerned about his Farmland Program. A meritorious program. He felt that parks would then be in competition. That was his posture. County policy does change, you're right, Commander. The current county executive addressing the citizens right in this meeting reiterated his policy. His policy is positive in terms of Robins Island. MR. KENNIFF: Then it ¢outd be~pessible down five or ten years from now the co.unty position might change and we mmght have the Bronx Zoo on Robins Island? DR. KOPPELMAN: If t~he property ~s pu~ in the Nature Trust~ sir, If Supervisor's Pell's resolution is held up, ~here's no conceivable way you could have ~ Bronx-Zoo but let me observe, if you ahve the amount of property and 'terrain that the Bronx Zoo has and it was the desire of the people of~Sou~hold to have a zoo there are other places within.the~Town that you could accomodate it~. I ~ave no object~on~ ct zoos, I think they're a good public purpose, but not om Robins Island. SUPERV~SOR~PELL! Councilman Sullivan has a ques-tion~ COUNCILMAN.SULLIVAN: ~ think that what we want to look at tonight is that we're only ~oting on this specific resmlution, we're no~ voting on developmen~ or anything. This is still in the Planning Board jurisdiction, okay? We're voting on a specific resolution; are we not? Supervisor Pell? SUPERVISOR PELL: My resolution is to be voted on. We are going to vote in a ~e.w minutes. COUNCILMAN SULLIVAN: l~d like to ask Dr. Koppelman, you mentioned Dix Hills. Could you equate the Dix Hills situation with Robins Island? Do you think they square with each other? o you think they square with each other as far ~s raising of taxes, raising of services? DR. KOPPELMAN: Let me observe t-hat a $60,000 home in Dix Hills, which I would assume on a parity with some of the $60,000 homes, say in Nassau Point, okay? I could let you address the question of how much the taxes are here in the Town~ of Southold, but I could tell you the average taxes there come between $4,000 and $6,000 per home, okay? Now, the specific question in that Dix Hills area was that in terms of open space preservation they had a piece of property, an estate, called the Gwynn Estate which had its own unique features, not only in terms of flora and fauna, but being the highest point of topography in western Suffolk lounty, therefore;,. being the deviding line of the glacial maraine it had water sheds of significance as well. If the county didn't step in in 1960 to acquire that as the second county park acquired by the new charter form of government those acres would now have homes on them. If they had 240 homes on it, as proposed, the tax rate in that general area would have gone up, but more significantly, the environmental values that were preserved would have disappeared. That's basically what we are talking about in Robins Island. The question is like one:canno~ be a little bit pregnant. You either preserve an environmental area or you develop it. That is the real choice, that's the essence of the resolution as I understand it. COUNCILMAN MURDOCK: I'd like to ask you, Dr. Koppelman, because this is a new field for me, as most of these people, if the Town acquires the development rights to the so-called common land, the attorney for the developer has represented that that would in effect forever remove the ability to build on any other land. I'm not talking now about the ability to change the 28 plots, the common land that the Town of Southold could acquire the development rights on. If the Town of Southold did acquire these development rights would that effectively stop the development of that area? DR. KOPP~LMAN: It would effectively stop the development only on that hundred some odd acres in the center of the island. The 280 acres in no way would be prevented from going to 28 houses to 280 houses. COUNCILMAN MURDOCK; That's what I said to you. DR. KOPPELMAN: I agree with you, you're absolutely correct~ so you may have 280 houses. That's the ultimate choice. SUPERVISOR PELL: Councilman Drum, do you have anything? COUNCILMAN DRUM: I have no questions of the doctor. DR. KOPPELMAN: I must be in trouble. When we are on good verms my friend Henry calls me Lee, now .... COUNCILMAN NICKLES:. I just thought that Lee. maybe could explain the Nature Trust. I-was looking in your --- I'm sure you prepared this for Peter Cohalan. Under Nature Preserve and .the Open Space Policy of the county executive it's described as.~follows: "Any area of land or water in public or private ownership which is formally dedicated to being mandated as nearly as possible in its natural condition; which area either retains, to some degree, its primeval character (though it need not be completely natural and undisturbed ay the time of its dedication) or-has unusual floar, fauna, geological features o£ scientific or educationa~ value, and which area is used in a manner and under limitations consistemt with its continued preservation, without impairment, disturbance or artificial development, for the public purposes of.scientific research, education, aesthetic enjoyment and providing habitat for plant and animal species and communities and other natural objects."' Is that what this resolution we ha~e before us pertains ye when the word "Nature Trust" is used? DR. KOPPELMAN: That is what the broad definition of Nature Trust is. COUNCILMAN NICKLES: Then I'd li~e ye understand then, if the Town has the management capabilities, and as Supervisor Pell was-quoted in the paper as saying, 100 people a day~ it could be 10 people or 100 people'or 10~0 people, h~w does that line'up with the purpose of the Nature Trust? DR. KOPPELMAN: This could be in accord with the Nature Trust. if any public use is~;such that it doesn't impair the natural characteristics. For example, if the local New Su~£olk School Board decided that they wanted to take a class of kind~ergarten children ye the island to learn something about the ecology ~.~ the area, .that could be in accord with the area if they are supervised and they don't burn down the zrees. Similarly audubon society or~ anyone else under permit could bird watch or do those passive things that do not change zhe nazural terrain. 82~ APRIL 22, 1980 COUNCILMAN NICKLES: In other words then, under a Nature Trust, is what you would call passive activities or passive --- DR. KOPPELMAN: As opposed to active. No ballfields or activities o£ that sort. COUNCILMAN NICKLES: How about picnic benches and places for cooking - outdoor cooking, things like that? DR. KOPPELMAN: Outdoor cooking normally ms not put in a NatUre Preserve because of the obvious question of fire controland so on. In the county parks that are limited use, not passive use, like the Nissequo- gue Park or Blydenburgh Park we have both. We have certain areas that we don't allow use in, we don't allow areas that are used for camping, for picnicing and for limited use. On a property of this sort the passive would be, in' this case, the prime policy. COUNCILMAN NICKLES: In other words, you would have to have some credentials to go there, either be an audubon member or school teacher taking a class --- DR. KOPPELM. AN: No, yOU don't have to have credentials but what presumably you would have, if the Town were managi~ngit, and I only thrbw this out as one idea, it's not the only wan of doing it, you could have a permit system. It's not merely a question of calling up and saying, we want to go to the island, but that you acquire a permit for its use, and that's'what many of the state preserves do require at the present time. MR. KENNIFF: Where do you intent to get the parking for these people and who is going to take these people to the island, would this be a commerical ferry or one of the county's? DR. KOPPELMAN; Which people are you talking about, sir. MR. KENNIFF: The people we are talking about right now, the audubon society, whoever is going to go over and watch the birds. They can't walk across the water. DR. KOPPELMAN: I won't attempt to be blasphemous or overrespond to that comment except to say that ~t would be under the rules and regulations as set up by the Town Board: If there ms no provision for parking and there is no provision for access then the ultimate passive use o£ the property for virtualt~ u.nhu~an habitation or lack of human habitation would come forth. Frem my personal observation if the island were quiet and protected as ms without trespass, that would be the ultimate gain. DR. KOPPELMAN: Priority.has laready .been established. The Gardiner Property, and I've been in direct negotiation not only with the Gillettes but with counsel for the estate holders, the people who have fiduciary responsibilities, and without betraying confidences,. I don't believe I am, I'm personally content, and several people made the observation that if private people would maintain the estate as a private estate, if Mr. MacKay were able to maintain it as he had over the previous 20 years we would not be here tonight. On Gardiners Island I am content, having seen the legal documents on Which this trust is run, that there's no danger that we will suffer the loss o£ Gardiners Island noR- or in the £orseeable future and that is why we did not indicate it for county acquisition. In terms COUNCILMAN NICKLES: Lee, I just had one more question.and~in this open space program there are 11 areas that Mr.-Cohalan ~has put down as proposed park acquisit~ons:-.and one is -- I'm sure you are familiar with them but maybe the people aren't. Site 1. is Baiting Hollow/Roanoke Point, 363 acres in Riverhead, Barcelona Neck, 355 acres tn. East Hampton, Carrls River, 29 acres in Babylon, Carmans River properties, 430 acres in Brookhaven, Dwarf Pine Forest, 190 acres in Southampton, Gardiners Island, 3,380 acres in East Hampton, you have a'note-here it is possibel to preserve Gardlners Island by means of a family trust established in perpetuity, Long Pond Greenbelt, 800 acres in Southampton, Map Swamp-Birch Creek, 2,000 acres in Southampton, Nissequogue River, 50 acres in Smithtown, Peconic River, 1,250 acres in Riverhead and Brookhaven and finally Robins Island, 460 acres in Southold. Amounting to 9,30~ acres and as I Understand it just in -~ count,y parkland we are just under 16,000 acres. Where do you place the priorities on this list? ~j APRIL 22, 1980 of the priority~list, there are tw© ~orltles that the county executive is pushing, right at the present ~ime and by pushing I mean for inclusion in the capital program. The first one is Robins Island and the second one is Maple Swamp. Those are the two ~hat are under active consideration by the county executive at the presen~ time. I might add, Councilman Nickles, that the reason that Robins Island is a top priority is because it is in imment danger of being lost whereas several of the other properties are not. COUNCILMAN MURDOCK: I would like -- I find it difficult to weigh the original version of the people who wanted to preserve the pristine nature of Robins Island in that any human habitation or any human use was going to destroy the value of the island. In my deliberations I tried ~o see if this is a valid view point. Now the same people are now saying, I~m sorry, I shouldn't say the same people are now saying, it is now being represented that 100 people a day enjoying the island is very peaceful use are coexistent with the people who say any human use destroys their interpretation of the value of that island~ DR. KOPPEI=MAN: I think you are asking a very valid question and the only way it can be answered it that we are dealing with degrees and one can get involved in fanaticism as well. The ~differe~ce between controlled environmental studies, say by bird 'watchers or-children studying ecology, who.come in for a daytime excursion and leave or part of a day or whatever it may be, does not ha~e the impact that houses have in the sense that first of all when you have even --- I don!~ know where the 100 figure came, ~ suppose f~om the Supervisor who picked it oum of the air. I think that was probably a cavalier response, sir, and I don't mean to be critical but you may determine that you may want ~o limit it to 15 people a day, that may be your decision. The di~£erence, who.ever, is that even if you had 100 people a day, the trees that were there in the morning would be there in the evening. The animals that were there in the morning would be ~here in the evening. Once you come in with say initial 28 houses on those portions you'll have destroyed whatever cover is in that area. I would also observe that in terms of wa~er usuage, if these people are as a~fluent as we presume, we're going to be talking about 75 ~o 100 gallons of potable water, per capita, per day and that is, according to Dr. Schreiber, minimum. I would accept that. That wa~er which is now pristine, due to human use, would be ~ar from pristine once it sent through a sanitary system. If these homes are right at the edge of the water, and that's my understanding of the subdivision layout, this cesspool a£~luent is going mo leach in one direction. The hydrogeology of the island is such that whatever leaches, no~ in one year,-n'ot in two years, perhaps not in five years, but eventually it is going to leach into the Bay. o~the objective of saving Robins ~sland is a duel objective. I listen to the baymen, I listen to the ~ishermen, ~ listen to the recreational users; go down to Great South Bay where Great South Bay is closed because of coliform contamination and come out'here to this bay where 'the w~ter is virtually pristine. Housing developmen~ of 28 houses will nto have a great 'impact. Councilman, you are absolutely correct, but my concern is not whether it is going to be 28 houses or as a planner I would have to say to you that as long as the legal'zoning is one acre and it is difficult to~ get the court to sustain a more restrictive zoning, excep~ in rare cases, what you really have to face, whether it happens now or ten years or you may be correct, you may only have 28 houses for the next 20 years, but u~timately the practice has been such thav density ~oIlows legal zoning .and as a planner I wou~d have to.say to you in all candor that when I look at Robins Island I don',t look at it as today, I look as it in terms of ~he future o£ this county and that future would indicate to me 280 homes and I would tell you 280 homes would no~ on2y contaminate the ground wa~er on that.island but it would contaminate a portion of the bay. And let me observe, if you are concerned about taxes, and we should be, we now have a problem on a similar island, just north of Sag Harbor, North Haven. Limited area, limited population, but they built the island, one acre zoning, in some places two acre zoning, but they covered the island fro~ shore to shore. Now they are concerned abou~ where they are going to ge~ potable wa~er, so they wen~ to the wa~er district but un£ortunately they don[t have a-water district so they had to go to Sag Harbor. Sag Harbor said, yes, we'll be happy ~o bring a pipe over there. This was three years ago. The price three years ago was $3,000,000. I would suspect the price today would probably be considerablyhigher. $3,000,000. to rbing a pipe ~o provide water. If you want ~o examine What tha~ would de to the tax base I leave it to your imagination. I would ask you, in ~erms of your responsibility, if you want to consider APRIL 22, I980 ~all ~he factors on subdivision, you would ultimately ha~e to consider sewage disposal, garbage.collection and again if this is an a£fluent ~ommunity they're going ~o.produce garbage aT an even faster rate than some of us poorer people. What are you going~o do with the garbage? Are you going to bury it on the island or are you going to ship.itt over here to the Town? These are serious questions, they've no~ light ones. So all these things I would respectfully urge that you give due consideration ~o. COUNCILMAN NICKLES: Lee, as I'm sure you are aware, the Town Board is --- although we have a resolution before us, but obviously it is apparanet that the Town Board is concisering various options that are avail.able and of course, one of the things that we ~onsidered was that being that an island is unique that you could have special zoning for an island and we could change the zoning on Robins Island or any other island that happened to be if we did have another one within the Town and-that would be enforceable. Now you're basing some of your --- laying out some of the bad things that could happen in the ~uture and of course the Town Board is trying to evaluate what is best for the Town. Not what is best for Su££olk ~oun.ty of the people o~ Long Island. Wha~ is best for Southold Town. And:of course in examining that we pretty much know that the county has this s~ated for acquisition, ti may involve state money~ it~may involve federal money, we don't know at this time. If I ~en't .lose the thread of my thought, it is our understanding that if we cam create special zoning for an island and~that would take care of the 28 lots. And as Mr. Murdock said that the developmen~ ~has offered to us to sell all of ~he developmen~ right,~ or practically give them ~o us £or a nominal sum, of those 202 acres, which would include the northwest wetlands area, the center section., an area along the northwest edge also that has environmentally fragile a~eas, ~so that the lots would be set back at that portion according ~o the preliminary map i have seen end.again at the South Race. I underst.and that they would also be wil~ing to enter into covenants with us.on the 28 lots and mak~ ~he Town a convenator. We would be joint ownership, so to speak, on those 6½ acre lots, which by the way we are ta'lking one house for every 15 acres, so it would appear we might have --- you could tell me the validity of this, we might have a.barrier, one, wiht a covenant to the Town and maybe even.the Planning Board adn even ymur office being joint co~enantors on the 2.8 tats. We would have the zoning which would say you couldn't have a lo~ less than six acres or 6~ acres on Robins Osland which is a special zoning. The developer turns over.all the development rights.which insures in perpetuity, ct until such time as the people of Southold Town~ would have a referendum, and I think would operate the same as our county --- Mr. Kleins County Acquisiton Program and Development Rights. How would that, what I described .to you, Which I~hope was I'm not quite as eloquent as you or some of the other folks ou~ here svand up? DR. KOPPELMAN: I£ you are saying, by covenant, a mutual agreemen~ vis a vis those 15 acre~lo~s as oppsoed to the developer saying, as with the interior parcel, that they would immediately turn the development rights over to the Town. I would submit for your consider- ation tha~ you are dealing with .two issue~. As I answered Councilman Murdock~ if you get the development rights then you have them, providing that the trans£er o~ the developmen~ rights is in a park trust in perpetuity. The farmland program is not ~n perpetuity'. If the Smf£olk Legislature in the future wan~s to pull the plug, based on f~ture wisdom, they can do se. COUNCILMAN NICKLES: But thye must have a referendum of the people of Su~£olk county, is my understanding. DR. KOPPELMAN: Permissive. The point is it's flexible. COUNCILMAN NICKLES: So when John Kle£n~told us that the farm p~ogr~am was only good as long as he was county executive, that's what he meant? DR. KOPPELMAN: Yes, sir, that's what he meant. Now in terms of the development rights, if you get.the development rights in perpetuity, and you can do that legal!Y~, bat you'd have mo specify that you are assigning those development rights_under a park trus~. Then it's farily inviolate. As £ar as zoning is concerned, in my judgement, and I've now been a witness in two state supreme court cases and ~n £ederal cour~ supporting the Town of Brookhaven and the Town of East Hampton on th~ tw0'.a~'~i'~/~i~/~. ~-"~cre zoning. In urban areas and suburban areas it is the maxim~m that has been sustained in the Sta~e of New York and yom h~ve zo have special cases and I would agree with you, I believe a special case could be made for'two acre zonign. Two acre zoning would then mean that if these 28:.parcels were to be subdivi~ed~at some po~int in the future, t~en the Ultimate would not be 280 houes but 140 houses. Thatwould be then the ultimate choice. COUNCILMAN NICKLES: So often I've heard that we have king of~ exclusionary zoning here in the Town of Southold of one acre and indeed with our water situation being what it is~ it's not unheard of, in-the last three years I've heard two acres and certainly that could'be considered exclusionary when there isn't any other avenues. What I'm saying is, the justification for this type of zoning --- you have to hang your hat somewhere, and where we've been hanging our hat is on our aquifier and-I would presume on an island such as Robins Island that you'd be able to hang your hat on some kin~ of water situation as a justification for that special zype zoning. DR. KOPPELMAN: You could justify that, as I said, and this has been handed down by Jude McInnery, Federal Judge Pratt, that under these conditions two acre zoning can be be upheld and made it damn clear they wouldn't go beyond two acres. The state supreme court case has been challenged on appeal and I have been informally notified by the appellate division that they're a little nervous about two acre zoning and that they would hope we could put our own house in order to avoid the situation. So we have ~o go to the courz of appeals on this one. COUNCILMAN NICKLES: I understand exactly, and I zhink everything you say is valid, but this a unique circumstance and I think if you went to court on such a case where these people, number one, voluntarily have subscribed to these size lots and then if we further reinforce what they have. voluntarily offered to us, I don't know where their case in court would be, especially in light of the water conditions there as people lead me to-believe they are somewhat marginal and would only support 28 lots. DR. KOPPELMAN: The position that citzzens on Fire Island have. On Fire Island most of the aqui£er~ due to salt water intrusion and the brackish navure of 0verwash, is partially saline. So the people on Fire Island have to bring mn water, in some cases, in these plastic containers. COUNCILMAN NICKLES: We're bringing in water now. DR. KOPPELMAN: You have to in the future, COUNCILMAN NICKLES: Robins Island has the on~y water without Temik out here.. DR. KOPPELMAN: You may have to bring in water from Brookhaven. If you bring in water you lose the zoning case entirely because the court will'say, jusz as they have when people have said, let us have four acre zoning because we don'z have p~rking for cars, and the courts invariabZy have said, it's a governmental responsibility to handle transportation.. If you let the people in, then provide the services. You'd have the same situation on the'water. I'm saying to you, that if you ask me to go to court as'an expert witness for the Town I could go in clear conscience to support two acre zoning and I'd be happy to do so. But I would not in clear conscience, knowing the case law and knowing the facts, argue to support something in increase of that. COUNCILMAN NICKLES: You could support 6½ acre lots and 9 acres on Robins Island rather than one acre lots? DR. KOPPELMAN: Oh, well, philosophically, yes, but in zerms of the jur2sprudence of it, no. You wouldn't win the case. COUNCILMAN NICKLES: I .have another thought, but I don't have any more questions. I thank D~. Koppelman for his~time and he has a great background of knowledge and this is a subject 'I know is very dear to his heart becaUse I've know Dr. Koppelman, perhaps for APRIL 22, 1980 17 years and i£ there is anybody that cares about Robins Island, I think Dr. Koppelman does. He cares about it as much as any man on this Town Board or any man in this room, or woman. My wi£e says I am chauvinistic, it comes out under pressure. I'm glad you're still here, Lee, because I was going to read a letter from Mr. William W. Esseks who is the counsel for the Southold Development group. "Dear Mr. Esseks:" This is a letter £rom the New York State Department of Environmental Conservation. "Dear Mr. Esseks: I am responding to your letter of January 4, pertaining to Robins Iland. Your letter is reassuring. As a consequence, I am willing to make the following statements for the New York State Department of Environ- mental Conservation. We find your proposal to file a subdivision with less than 36 lots upon the whole island a reasonable one, providin~ that the following conditions are met.: a) That the people of the State of New York, as adjacent and enfolding landowners to Robins Island, be provided covenants from the Southold Development Corporation ensuring the restrictions to subdivision~will be permanent and bidning to all heirs and assigns, and b) That there be a protective covenant applicable to the upland wetland area on the. northerly side o£ the island, with an appropriate buffering upland border. I believe that if the above conditions are met, there would be no need for the State to acquire any part of Robins Island in order to preserve the public interest in fish adh wildlife values, not only on the island, but also in the adjoining marine waters." That is from A.S. Taormina, Director of Marine Resources. I.would only make one other comment in closing, I heard it said here that Fishers Island costs the Town money. I've only been on the Town Board a~short time since July, but I have a de£inite impression that Fishers Island send more money, over here to the mainland than we send back in services. They have their own fire district, they have their own ferry district, t'hey have their own sewer, they have their own school district. The only thing that we pay £or over there to really any degree is their highway system. Thank you, COUNCILMAN DRUM: I'm going to address myself directly to the resolution before me and I would like to say I cannot support this resolution in its present form. I do not feel that it -- we talk about a fragile land. I think our economy today-is most fragile, e~pecially out here in Southold Town. We are close to zero growth in Southold Town today~and our economy, I am concerned about it, I am concerned abo~ut the tax. Unfortunately~Dr. Koppelman left. (Dr. Koppelman was still at the meeting.) He mentioned where our county tax has now gone to $711,000,000. the county budget. To purchase Robins Island is going to cost I don't know how many million, several million. Now, this is part of the whereas, where it states in this resolutmon it would be of great economic benefit to the Town. find this difficult in this resolution. It further states in the resolution that there would .be ranger control. Now, rnager control, i£ you are going to prozect an island that is going to be owned by a government agency, you must have someone on it. You and I all know how we feel about government properzy. We can go on it. So, now we're talking about 4 -5 families living on Robins Island. Rangers. This costs us money. They mus~ get back and forth. We talked about the 100 peopie. Now, here is our Supervsior saying 100 and we would control it. When this resolution goes be£ore the county legislature what is their opinion going to be? ~heir opinion is going to be: Southold Town Board is in favo~ o£ acquisi~on of. Robins Island. Do you think we are going to b~ able to limit the number? Look at what we are faced with today with our legislature as £ar as providing us with our maintenance costs aad what not. This is my concern and these are my reasons. I, at present, sas I say, in its present £orm, ~ cannot support this resolution, I do not feel, as a member of your Town Board,~ that I would be displaying fiscal responsibility and several years ago before I was elected one, Mr. Carl Vail said, "You'll only get my vote if you are responsible when you take the job." I don'~ know whether I got his vote or not, but I am concerned about our economy and I think it is most fragile today. At present your Plannign Board has the proposal, the owner's proposal before it. Now, the owner did o~fer these development rights, But this is before your Planning Board. Remember we've all been here since -- the Town since 1640,~1o~g before western Su£folk Counties were established, before the state was formed. But I~'.only say this, we do have this be£ore us. I do. not feel there is an~ great urgency ~onight to approve this resolution. SUPERVISOR PELL: Be£ore I ask the Clerk to poll the Board, which I wi'Il do next, we have Assistant County Attorney here, I just had a note handed to me, I don't even know your name. PATRICIA DEMPSEY: Assi~stant .~B~'i~grne~:-.'I am here on behalf of the county and the county eXecdtive; It is the county s position that they are in full support of this resolution adh they will cooperate with the Town in working out and effectuate a program of acquisition and practical management of Robins Island so that it is preserved in its natural state. 1. The following is the vote of the Southold Town Board on the motion made by Supervisor Pell, seconded by Councilman Nickles which reads as follows: WHEREAS, Robins Island, a 400+ acre natural Island in the'Town of Southold, is a unique natural area, and I ~ WHEREAS, it has been recommended for preservation by the Suffolk County Planning Commission since 1960, ane -~ WHEREAS, several recent proposals have discussed the public acquisition of RobinsIsland, and HWEREAS, this Island is of prime concern to the Government and people of the Town.col Southold, and WHEREAS, tke proper idsposition, management, and use of this Island could be of great economic and environmental benefit to the Town of Southold, Now Be It Therefore RESOLVED, that the Town Board of Southold wishes to go on record, by adopting this home rule resolution, that it is in favor of the protection and preservation of this important peice of Southold real estate, abd Be It Further RESOLVED that the Town Board of the Town of Southold wishes to inform the County Executive, the Legislature, and Legislator Blass, of the Town's support for the County acquisition of Robins Island, if it is to be in accord with the following: 1. That the Island be acquired by the County of Suffolk under the provisions of the Nature Trust of vhe 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 adequate ranger control to insure the safe monitoring of the Island, and that the ranger control be under the Town.~.uri~diction~ .- : 3. hat the management policies be assigned ~o the Town of Southold so that the effective control of the Island be at - the Town level in order to protec~ the inter:ests of the people of the Town -- a policy that already~is in existence whereby ~ounty park properties such ~s the County holdings at Shinnecock in the Town of Southampton, are managed by the municipality rather than the County. 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 five percent each year during the twenty year period. Vote of the Town Board: No, Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum. Aye: Supervsior Pell. This resolution was defeated. 2. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold accept, with regret, the resignation of Darline Salmon as part-ti-me Dog Warden effective April 16, 1980. Vote of the Town Board: Ayes: Councilman SulLivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN NICKLES: We give the thanks of the Board to Darline Salmon because she came on the scene when we were short handed. was a job well don.e It 3. SUPERVISOR PELL: Number 3, as I said before, there was an imprint in the bill. (Senave Bill 4771-A entitled "AN ACT to erect the county of Peconic £rom the territory ~ow comprised of the ~owns of East Hampton, Riverhead, Shelter Island, Southampmon and Southold, in the County of Suffolk.") 4. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Board declares itself lead agency in regard to the State Environm~nta~L Quality Review Act in the matter of the app-lication~df George W. Bornshcein for a wetland permit on APRIL 22, 1980 certain property located on the east side o£ Oak Street, on Eugene's (East) Creek, Cu~tchogue, New York. Vote o£ the Town Board: Ayes: Councilma~n Sullivan, Councilman Murdock, Councilman Nickles, Councilm~n Drum, Supervisor Petl. This resolution was declared duly adopted. Moved by Councilman Murdock, seconded by Councilman Drum, WHEREAS, Sacred-Heart R.C. Church, Cutchogue, New York has applied ~o the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and after investigation, duly made £indings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as require~ by law, and it is £urther RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to Sacred Heart R.C. Church, Cutchogue, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Council,man Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Sullivan, seconded by Councilman Murdock, 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 Southotd, notice is hereby given vhat 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 En-consultants, Inc. for William Thompson for a wetland permit. Permission is requested to construct a timber dock, catwalk, ramp and float at Canoe Path on Mattituck Creek, Mattituck, New York. The project has been determined nov to have a. significant effec~ on the environment for the following reason: An environmental assessment has been submitted which'indicated that no s~nificant adverse effect to be environment are likely to occur should the project be implemented as planned. Vote o£ the Town Board: Ayes: Councilman Sullivan, Councilmen Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion o£ Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that the Town Board o£ the Town o£ Southo~d accept the bid of Tryac Truck &~Equipment Co., Inc. for supplying the Southold Town Highway Department with one 1981 International Model 2~54 Dump Truck at $35,469.00, and authorizing Highway Superintendent De,an to enter into a contract with Tryac Truck & Equipment Co~, Inc. ~or the purchase of said truck. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murodck, Councilman Nickles, Councilman Drum, S~pervisor Pell. This resolution was declared duly adopted. Moved by Councilman Drum, seconded by Councilman Murdock, WHEREAS, Robert W. Gillispie, Jr., a most valued member of the Southold Town Board of Appeals retired from public service on June 30, 1979, and WHEREAS, Robert W. Gilliepie, Jr. has give~ generously of his time and talents in his faithful service to the Town of Southold residents as a member of the Southold Town Planning Board from May 1, 1955 through April 19, 1957 and Chairman and-'Member of the Southold Town Board of Appeals from April 19, 1957 through June 30, 1979, and WHEREAS, his record o£ fine service to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom he worked, and WHEREAS, the Town o£ Southold will be deprived of his wise counsel and judgement as a member of the Southold Town Board o£ Appeals,, now there£ore be it RESOLVED that the Town of Southold hereby expresses their most sincere appreciation to Robert W. Gilliepie, Jr., for his unselfish and wholehearted cooperation and untiring efforts on behalf of the Town and accept with sincere regret his decision to retire, and extend their best wishes for the years ahead, and befit further RESOLVED that a copy of this resolution be forwarded to Mr. Gillispie and entered in the permanent record of this Town Board meeting. APRIL 22, 1980 Vote o~ the Town Board: Ayes: Councilman Sullivan, Councilman MurdocJ, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 9. Moved by Councilman Nickles, seconded by Councilman-Murdock, WHEREAS, the Southold Town Planning Board wishes to amend the Rules and Regulations for the Subdivision of Land, and WHEREAS, the Southold Town Planning Board held a public hearing in reagrd to said amendments of the Rules and Regulations of the Sub= division of Land on April 7, 1980, now, therefore, be it RESOLVEDthat the Town Board of the Town o£ Southold approves the .--~ £ollowin~ amendments to Chapter 106 of the Code of the Town of Southold. Subdivision of Land, as follows: 1. By amending Article II, Section A106-22, Subdivision A ' (2) of said Regulations to read as follows: (2) Ail application~for plat approval for m~nor subdivisions shall be accompanied by a fee o£ ffity ($50.00) dollars, or~twenty-£ive ($25.003 dollars per lot whichever is greater. II. By amending Article II, Section A106-25 of said Regulations by adding a new subdivision thereto to be subdivision F to read as £0Ilows: F. Safeguards during construction. In order to prevent flooding, erosion or any other dangerous or hazardous condition from occuring during the progress and completion of required improvements, the Planning Board may require the developer, or his contractor, to take such action, including the construction and/or installation of temporary facilities, as the construction inspector may recommend. III. By amending Article III, Section A106-23, Subdivision B of said Regulations to read as follows: B. Improvements. Streets shall be graded and improved with pavements, curbs and gutters, sidewalks, drainage facilities, water mains, sewers, streetlighzs and street signs, street trees and fire hydrants and/or -- firewells. Firewells shall have an eight inch casing and a twenty foot stainless steel screen and shall have a pumping capacity of three hundred didty (350) gallons -~ per minute. There shall be a depth of water at least forty (40) feet. The number and location of the fire hydrants and/or firewells shall be determined by the Planning Board. In making such determination, the Planning Board may seek the recommendation of the Commissioners of the Fire District in which the proposed subdivision is located. Notwith~ standing the foregoing, upon request, the Planning Board, upon written approval of the Superintendent of Highways and the Town Board Highway Committee , may waive subject to appropriate conditions, such improvements as it considers may be omitted with jeopardy to the public health, sa£ety and general wel£are: Pedestrian easements shall be imporved as required by the Planning Board. Such grading and imp~o~e- men~s shall be approved as to design and speci£ications by the Town Superintendent of Highways and the Town Board Highway Committee. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 10. On motion of Supervsior Pell, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold approves the bond estimate for ii~provements in Long Pond Estates, Section I as presented by Lawrence M. Tuthill, TownEngineer, in the amount of $380,000.00 Vote'o£ the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. 1~. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town of Southold engage the services of Max Tejo as a part time (not more than 20 hours per week) Dog Warden at a salary of $4.75 per hour e££ective immediately. Vote o£ the Town Board: Ayes: Councilman Sullivan, Councilman ~urdock, Councilman Nickles, Councilman Drum, Supervisor Pell. 12. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold reappoint Terry APRIL 22, 1980 R. ~uthill a member of the Southold Town. Board of Appeals e££ective April ~9, 1980 through April 19, 1985. Vote o£ the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman'Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 13. On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that the Town Board o£ the Town of Southold reappoint Frederick E. Gordon a member of the Southold Town Planning Board e~fective April 30, 1980 through April 30, 1985. Vote of the Town Board: Ayes: Councilman Sullivan, Counci,lman Murdock, Councilman Nickles , Councilman Drum,~ Supervisor Pell. This resolution was declared duly adopted. 14. On motion of Councilman Sullivan, seconded by COuncilman Murdock~itwas RESOLVED that the Town Board of the ToWn of Southold support Senate Bi11~2153 and Assembly Bill 2822 entitled "AN ACT to amend the environmental conservation taw, in relation to'litter a'nd solid waste control", and be it further RESOLVED that the ~own Clerk be an~ she hereby is directed-to complete the necessary forms and submit them ~o the New York State Senate and New York State Assembly. Vote of the Town Board:Ayes~: Councilman Sullivan~, Councilman Murdock, Councilman Nickles, ~ouncilman ~rum, Supervisor Pell. This resolution was declared duly adopted. MRS. JEAN TIDEKE: Mr. Supervisor, I stayed long enough so I could commend the Board on passing that resolution pertaining ~o the bottle and litter~bill. I think it will be a great advantage ~o the town, county, and the state. 15. On motion of Councioman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Tow~ O~ Southold approves the paymen~ of $14,599.40 to Hitchcock Gas Engine Co., Bridgeport, ConnectiCut for items of repair for drydocking the M/V Oldina above the contract price previously authorized by the Southold Town Board. Vote of the Town Board: Ayes: Councilman Sullivan. Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16. On'mot~ion of Supervisor Pell, seconded~by Councilman Nickles, it was RE~OLVED that the Town Clerk be and she hereby is authorized and d~rected to advertise for bids for the purchase and application of 15~,000 gallons of asphalt road materials, more or less as may be needed, delivered and applied, for the use in the repair and maint- enance of Town Highways. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, ~uperv~sor Pell. This resolution was declared duly adopted. 17. On moiion of Councilman N~6kles 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 20th day of May., 1980, at 3:45 P.M. o'61ock 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 Removal or Repamr of Unsafe~Buildings and Collapsed Structures" which reads as follows: BE IT ENACTED by the Town Board of the Town of Southold ~S follows: The code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 90, to read as follows: Sec. 90-1 Title. This chapter shall be known as the "UnSafe BUildings and Collapsed Structures Law of the Town of Southold." Sec. 90-2 Purpose. The purpose of this~chapter is to promote the public health, safety and general welfare of the residents of the Town of SouthoId and the conservation of proparty and property values and ~o eliminate safety and health haZards. Sec. 90-3 Unsafe buildings prohibited. Ail buidlings or s~ructures which are structurally unsafe, .dangerous, Unsanitary or not provided with adeauate egress or which in relation ~o existing use constitute a hazard to safeyt or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. Ail such buildings and structures are hereby declared to be illegal and are prohibited and APRIL 22, 1980 9.I shall be abated by the repair.'and'~r~habilttation or by andremo'val in accordance with.the procedures of this chapter. Sec. 90-4 Inspection and report. When in the opinion of the Building Inspector, any structure located in the ~own shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. cc. 90-5. Service of Notice. A. When .it shall be determined by the Building Inspector that a building or structure is dangerous or unsafe to the public, he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such property or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner o£ the premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same as shown by the last completed assessment roll of the town, either personally or by certified mail, addreSsed to the person intended to be served at the last known place of residence or business.. If the notice is served at the last known place of residence or business. If the notice is served by certified mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. Sec. 90-6. Contents of notice. Thenotice referred to in Sec. 90-5 hereof shall contain the £ollowing: A. A description of the premises. B. A statement of the particulars in which the building or structure is unsafe ~r dangerous. C. An order requiring the building or structure to be made safe and secure, repaired, demolished or removed. D. A statement that the securing, repair, demolition or removal of the building or structure shall eom date of the service of the noti (30) days thereafter. The Bui complaince specified in the not comply within the time specifie immediate complaince. In gran Buidling Inspector may impose s E. A statement that in the eve person served with notice to co will be made by an inspector an notified, and in the event of t noti£ied to appoint a surveyor, TownBoard shall make the survey F. A statement that in the eve reported unsafe or dangerous un made at a special term of the an order determining the build and directing that it shall be removed. G. A statement that in the eve reported unsafe or dangerous un neglect or refusal of the perse or take down such building or or other structure is located expenses ~ncurred by the Town hence within ten (10) days from the ~e and shall be completed within thirt~ lding Inspector may extend the time of ice where there is evidence of intent to and conditions exist Which pre~ent lng any such extension of time, the ach conditions ashe mayd~eem appropriate. at of the neglect or ~e~sai of the nply with same, a survey Of the premises architect appointed by the person so he refusal or neglect of. the person so the two (2) surveyors named by the and report. nt the building or structure shall be der such survey, an application will be upreme Court, Tenth Judicial District, for ng or structure to be a~ public nuisance repaired and secured or. taken down and nt the building or structure Shall he der such survey and in the event of ~he n served with notice to repair a~d secure tructure, the land on which the building hall be assessed for all costs and n connection with the proceedings to repair and secure or take down and remove, including the cost of actually removing said buildin~ or structure. Sec. 90~7 Posting of report of survey. ~n the event of the neglect or refusal of the person service ~ provided in Sec. 90-6E hereof, signed copy of the report of th the building or s~ructure and in making their s~rvey and in Sec. 90-8 Emergency measures to determines in his inspection of actual and immediate danger of he shall promptly require the be vacated forthwith and not to repairs are completed, inspecte For this purpose he may enter which it stands:d~ adjoining la and at such e~st as may be necs structures to be ~acated and pr barricades or such othelr means order adjacent structures to be ith notice to appoint a surveyor, as the Building Inspector shall cause a e survey made for the to~n to be posted on hall provide for compensation or surveyors reparing the report thereof. vacate. I f the Building Inspector any building or structure that there is failure or collapse se as to endanger life, uilding, structure or portion thereof to be reoccupied until the specified d and approved:by the Building Inspector uch building or structure or land on nd or structures with such assistance ssary~ He may also order adjacent erect the public by appropriate as may be necessary. He may also vacated and protect the public by ~ppropriate barricades or suchlather means as may be necessary and or this purpose may close a private or public right-way-of. The Building Inspector shall cause to be posted at each entrance to such building or structure a notice_stating, "This building is unsafe and 92· APRIL 22, 1980 18. 19. its use or occupancy has been prohobited by the Building Inspect'or.'' Such notice shall remain posted until the required repairs are made or demolition is completed. It shall'be unlawful for any person, form or corporation or their~agents or other persons to remove such ~otice without written permission of the Building Inspector or for any person to enter the building except for th~purpose of making the required repairs or the demolition there of. Sec. 90-9 Costs and expenses. All .costs and expenses incurred by the Town of Southold in connection witk any proceeding or any work done to remove the danger, or in connection with the demolition and of any such building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicious place on the premises. Such assessment shall be and constitute a lien upon such land~ If the owner shall fail to pay such expenses within ten days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together With a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessors, who shall in the preparation of the next assessment rol'l, assess s~ch amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected'and enforced in the same nammer, by the same proceedings, at the same time, and under the same penalties as is provide~ by law for t'he collection and enforcement of real property taxes in the Town of Southold. Sec. 90-10 Penalties for Offenses. A. Any person who neglects, refuses or ~ails to comply with any order or notice issued hereunder shall be guilty of an offense punishable by a fine not to exceed two hundred-fifty dollars ($250.), or by imprisonment for a ~erm not to exceed fifteen (15-) days, or both such fine and imprisonment. Each week's continued violation shall constitute a seperate additional offense or violation. B. Nothing in this chapter shall be construed as depri:ving the town of any other available reme~dy relevant to a violation of this chapte~r. Sec. 90-11 Severabilit.y. The invalidity of any section, subsection or provision of this chapter shall no invalidate any other section, sub~ section or provision thereof. Sec. 90~12 When effective. This chapter shall take effect immedSately. Vote of~the Town Board: Ayes: Councilman Sull~ivan,~Councilman Murdock, Councilman Niekles, Councilman Drum, Supervisor.Pel. 1. This resolution was declared duly adopted. SUPERVISOR PELL: The hearing is May 20th at 3:45 P.M. If you want a copy of it come to the Town Clerk. It is a three page document. Moved by Supervisor Pell, seconded by Councilman Drum WHEREAS, Burton Potter Post #185, American Legiom, Greenport, New York has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and a~ter investigation, d~ly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town B~a~d of the Town of Southold the ~indings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the Burton Potter Post #185, American Legion, Greenport, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor This resolution was declared duly adopted~ On motion of Councilman Drum, seconded by Supervisar~Pelt, itswas RESOLVED that the Chief of Police be and he hereby is ~au.thorized and directed to purchase a Horizon VHF radio for the Mako used by the Bay Constable, at a price not to exceed $650.00; said price to include radio, mouat, installation and theft proof rack. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pe. ll. This resolution was declared duly adopted. APRIL 22, 1980 20. Moved by ~uncilman ~urdo.~,i~2~_;b~y~o~ncilman Drum WHEREAS, this Town Board des~:~"~i~e'nd'i~e Federal Revenue Sharing Budget o2 the current Town Budget of the Town of Southold by amending the use of Federal Revenue~Skaring funds as follows: By transferring and/or reassigning the sum of $11,500.00 from the New Suffolk Road0. Improvement Account (.CF9007.4) zo Highway Safety Improvement Acconnz (CF9007.4), NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Town Board of the TOwn o£ Southold with respect zo said amendment to said Budget on,the 20th day of May, 1980, az 3:40 o'clock P~M, az t~e. Southold Town Hall, Main Road, Southold, New Yomk, at which hearing all citizens of the Town shall be given an opportunity to provide~written and oral comments'with .respect to said amendment. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, 'Supervisor Pell. Thsi resolution was declared duly adopted. 21. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED ~hat the Town Board of the Town of Southold ~ransfer $3~466.89 from General Fund Whole Town Contingen~ Account A1990.4 to Other Funds (Recreation Center) A9991.4 COUNCILMAN SULLIVAN: Discussion. Bill, maybe you could explain that. SUPERVISOR PELL. What this is for, we have finally got the okay today from the architect and the clerk of the works Bill Smith ~o PaY Strathmore $t3~000.00, it's the next one down, $900. and some qdd chan~e, in order for us zo have enough.money to_pay all of the Construction bills that arc'left. Instead of trans£e~ring so much today and so. much next month we are transferring this total amount we need to pay off all the conzrac~ors involved in the Senior Citizen/Youth building on. Peconic Avenue. This is the general cont~acvor who had all the leaks and problems with the doors and this stuff~ 'We-are moving ahead towards taking it over~ It is -- ~this is the big one we had zo have done and he finally did meet Mr. Smith's and Sacco and Ahlers satisfaction today, so we are going to PaY him for this so we have ~o ~ransfer~the funds. Vote o~ the Twon Board: Ayes: Councilman Sul!iv~n',Councilman Murdock, Councilman Nick.les, Councilman Drum, Supervisor ~ell. This resolution was declared duly adopted. 22. On motion of Councilman Murdock, seconded by Councilman.NIckles, it was RESOLVED that the bill of Strathmore Construction Corp. in the amount of $13,912.50 for the remainder of the work completed by them az the Senior Citizen/Youth Center be and hereby is authorized to be paid. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 23. Mo~edaby Councilman Murdock, seconded by Councilman Drum, WHEREAS, the present contract with the Civil Service Employees Association, Inc., S~ffolk Chapter, Southold Town Unit, the employee organization represeSting all employees except members'of the Police Department terminate~ on December 31, 1980, and ~.' WHEREAS, CSEA by the~terms of said agreement was granted'unchallenged representation ~tatu~ until seven months prior to the expiration date os ~aid agreement, a~d WHEREAS, CSEA has re~luested that it, be recognized as the employee ;iations for a new agreement commencing January organization in .neg¢ 1, 1980, and WHEREAS, on the bas~ evidence, this Board employees. NOW, THEREFORE~ IT Ii CSEA as the exc. lusi~v. untilLseven months p: agreement commencing by the provisions of Vote~of the Town Boa: Murdock, Councilman This resolution was of dues deduction authorizations and other aas ascertained that CSEA is the choice of the ~ RESOLVED, that theLTown does hereby recognize ~.-emp~loYee organizatiOn to represent the members ?ior to the expiration of the successor January 1, 1981, or as otherwise limited ,the Civil Service Law. ~d: Ayes: Councilman Sullivan, Councilman 'ickles, Councilman Drum, Supervisor Pelt. .eclared duly adopted. 9-4? APRIL 22, 1980 24. 25. On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for repair of approximately 78 ft. of bulkhead in Mattit~ck Creek at Mill Road, Mattituck, New York. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, SupervisorPell. This resolution was declared duly adopted. SUPERVISOR PELL: Explaination for tha~is, I saw several eyebrows go up, the bulkhead between the Old Mill Inn and Anchor Inn is Town bulkhead there. It has caved in, washed ou~ and right now Mr. Dean has it roped off so nobody can get hurt and it has to be repaired. We did not.anticipate, this when we made up last year's budge~, it is something the Town Board is going ~o have to find money-~or or go oat to bond or"something, but it's something that must be fixed before it caves in and somebody gets hurt and we go more problems on our hands. Moved by Councilman Drum, seconded by Councilman Sullivan, WHEREAS, Le£ferts P. Edson has made application to the Town Board of the Town of Southold no dedicate certain roads in Cutchogie, New York, to be known as CROWN LAND LANE and SPUR ROAD, as shown on a certain map entitl'ed, "Map of Crown Land Lane", Town of Southold, Suffolk County, New York, surveyed March 12, 1975 by Roderick Can Tuyl, P.C., Licensed Lan. d Surveyors and filed in the Suffolk County Clerk's Office on August 17, 1975 as Map No. 6289, together with release executed by the owner thereof, and ~¥HEREAS, the Southold Town Highway Superintend~n~ and Southold Town Board Highway Committee has inspected the said highways and has advised the Town Board that sid proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold, NOB~, THEREFORE, BE IT RESOLVED that in accordance with Section 171 of the Highway Law o£ the State of New York,' consent be and the same is given to the Superintendent of Highways to make an order laying out the aforesaid highway, to consist of lands described mn said application as shown on certain maps attached to said application, an~ BE. IT FURTHER RESOLVED.~that the To~n Clerk be and she hereby isl authorized and directed to £orwith cause the dedication, releaS~e and deed to be recorded in the office o£ the Clerk of the County of Suffolk, New ~York. Vote of the Town Board: Ayes: Councilman Sullivgn, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: Does any Councilman have anything he wishes to bring .up at ~his time? (no reponse) MIKE CORTESE; Mattituck: asked what progress has been made on the law for citizens committees? SUPERVISOR PELL: We had a hearing this afternoon. We had three people here, two spoke ~or and one spoke opposed to it, dif£erent poiats of it. Now, we will get the transcripts o£ the hearing and probably rule on it at the next Town Board meeting~ Yes, we did have people here.---Anyone else wish ~o be heard? (No response.) If not, I am going to thank you for coming out and I can honestly say I'm glad the night is o~er. Thank you ~all. Motion to adjourn? On motion of Councilman Murdock, seconded by Councilman Sullivan, it was RESOLVED That ther~ being, no~:£ur~her~business ~o~co~e b~fore~this Town Board meeting adjournment be called at 10:30 P.M.P.M. -~ Vote fo the TOwn Board: Ayes: Councilman Sullivan, Councilman Murodck, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Town Clerk