Loading...
HomeMy WebLinkAboutTB-05/06/1980MAY 6, 1980 SOUTHOLD TOWN BOARD ~AY 6, 1980 EXECUTIVESESSION t0:00 A.M. - The Board members discussed work hours and pay of several full time, parz time and seasonal employees. WORK SESSION 10:30 A.'M. - Elaine Weiss of the Suffolk Community Develppmenz Corp- oration discussed the SecTion 8 Existing Housing Assistance Paymenvs Program.and the Weatherization Program. Ail program funds are provided by the U; S. Department of Housing and Urban Development to the N.Y.S. Housing Finance Agency. There is a question as. to whether it might be to late for Southold Town to join the Section 8 Program as the filing ~took p'lace in early April ization Program since it is primarily geared towar program. The program is ] approval to use general c, are three general contrac' work for SCDC.-~Steve Per: discussion and said he is SCDC. ~r. Perricone said are concerned. All jobs they receive at least thr, The Board indicated they Southold Town to become there would be no fiscal of the town. 11:15 A.M. Mrs. Ronnie addressed the Board conce Hoard to puz the acquisit questioned as to what typ be to see if people are i Town Attorney Tasker stat There is still rime'to' go into the Weather- las nov been implemented yet. This program home owners and is' basically' an insulation )ased on grants, not loans. SCDC has received )ntractors for the work and presently there ;ors in the Town of Southold-who are doing ~icone, Southold, was also present at this presently doing rehabilitation work for SCDC is very unbiased' as' far 'as applications ~re handled through]:bid and Ms. Weiss stated )e bids from general contractors for each job. ~ould be in'clined to adopt a' resolution for ~volved in the Weatherization Program provided )r administrative responsibility on the' part ~acker, who. was introduced by }~r. Frank Bear, ~ning Robins Island. Mrs. Wacker asked the [on of Robins Island on a referendum. When of referendum, ~rs. Wacker said it would favor of development or preservation.-- d the ~nly referendum allowable under the law would be ~o ask the people of Southold Town if they favor the purchase of Robins Island.-~)~r. Bear referred to Section 81 of the Town Law, citing the referendums allowed.--Town Attorney Tasker stated that Mr. Beam is correct, only those items as specified by law and such a proposition propos in Section 81.--Mrs. Wack Board i.n finding a way Island to a referendum.' 11:30 A.M. - ~r. Charles Orient Historical Societ~ to oversee activities in ad by ~rs. Wacker and [~r. Bear is nov included ar and [~r. Bear requested the help of the Town bring t.he matter of the preservation of Robins 'ebb and ~r. Fred Letson, members of the ~ requested that a committee be appointed :he ~rient Historical District. They would like to make sure people~don't, change the character of the community by changing the houses with i~appropriate additions. They would like the machinery for such a committee established now, before changes are made. They referred the Town Board to Riverhead, Bethpage and Oyster Bay who have such historical committees.---Supervisor Pell advised he would obtain copies of the guidelines from the other areas a~d distribute them ~o-the Board members so this matter can move forw'ard. 11:~5 A.M. - TownBoard hearing upon bhe grievance' of Highway Department employee Bruce St-eward. (It was ~he request of ~r. Ste~ar~ that this be a closed hearing.) 12:35 P.M. - Chief Carl Cataldo spoke to the Town Board members relative to employing six seasonal police officers to starv on May 24th and work through September 1st. Chief Cataldo will sev their hours and try to hold down the number of hours they work, thereby reducing the charge to the ~own as much as possible.-~Chief Cataldo also .asked the Board to consider granting Ra&io Operator Claude Kumjian a leave-of- absence from his duties, as in previous years, and appointi,ng him a seasonal police officer.--The matter of telephones at the six beaches was discussed.--'The dog problem on Fishers 'Island was explained by Chief Cataldo. Justice Doyen has informed him that he suggests the Dog Warden go to Fishers Island and round up all the dogs that are running loose; he would then identify them and issue a warning. Chief CataldO suggests that the enforcement should come from,Fishers Island and an individual on the Island be empowered to act as a dog warden.-- Chief Cataldo has received a letter from property owners in the area of the Horton's Point Light House who request the development of a Town ordinance to limit the use of the beach and restrict vehicular traffic.-- The Chief has been contacted by the Southold Park District and residents in the area of the park'district property on Youngs Avenue, Southold concerning the congregation of cars and teenagers at the park. The Chief has tried to increase patrols and informed the Board that with the employment of the seasonal police more attention will be given to the area. 2:45 P.M. Ltc. Merlon E. Wiggin addressed the Board, in conjunction with Councilman Drum, on the subject of emergency preparedness operations plan for Southold Town. Ltc. Wiggin has prepared a rough draft of a plan for Southold Town which was distributed to the Board members. 3:05 P.M. Building Inspectors George Fisher and Edward Hinde!rmann spoke ~o the Board concerning several violation cases that a~e, or will be, i.n litigation. The Town is represented by attorney Frank Yakaboski in these cases.--Supervisor Pell'will set up a meeti'ng between the Board and Mr. Yakaboski to go over these cases. (date set was 8:30 A.M., May 13th.)--Mr. Fisher discussed the sugges,ted increase in fees for Zoning Appeals and Flood Plain Development Permits. He said he would like to add some suggested changes for increase in building permit fees before the Board goes to hearing on these fee increases. The Board discussed the repair~ work that must be done at the Southold Town Beach concession before it can be opened for the season. There is some question as To whether the cost for repairs might outweigh the $500.00 income it brings for seasonal rent. The Board reviewed the 'agenda items. 7:0-0 P.M. Councilmen Drum, Nickles, Murdock and Sullivan aud'ited the bills for the month .of April. A regular meeting of the Southold Town Board was held on Tuesday, May 6, 1980 at the Southold Town Hall, Main Road, S'o~hald, New York. Supervi~sor Pell opened the meeting at 7:40 P.M. with t~e Pledge of Allegiance to the Flag. ~resent: Supervisor William R. Pell, III 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 SUPERVISOR PELL: I want to thank you all for coming out tonight and I want to apologize for the ten minute delay. The Board did not break up until around 6:00 o'clock today, we did not audit the bills so we came back at 7:00 o'clock and went to work auditing the bills and we just got done so that's why we're ten minutes late and we beg your indulgence. The first order of business is the approval of the minutes of the April 22nd meeting. Moved by Councilman Drum, COUNCILMAN MURDOCK: I'll second that, but also would like to compliment our Town Clerk. For those of you who are not privileged to have a copy of the minutes, it is 47 typewritten pages that she had To transcribe and type, as well as all the other duties of the Town Clerk and I think it was a tremendous job and I will second the approval. MAY 6, 1980 RESOLVED that the April 22, 1980 minutes of the Southold Town Board be and hereby are approved as submitted. Vote o~ the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Superviosr Pell. This resolution was declared duly adopted. Off motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that the next regular meeting of the Southold Town Board wili'be held at 3:00 P.M., Tuesday, May 20, 1980 at the Southold Town Hall, Main Road, Southold, New York. Vote o~ the Town Board: Ayes: Councilman Sullivan, Councilman M~rdock, Councilman Nickles, Councilman Drum, Supervisor PelI. This resolution was declared duly adopted. REPORTS- 1. MARIE BAUER JOHNSON, Deputy Supervisor: This month's meeting of the. Legislature's Safe Drinking Water Committee was Concerned with privately owned water companies, of which there is one in Southold Town. The general opinion seems to be that these companies are for the most part substandard; many have old equipment which breaks down regularly and the often absentee owners claim that the revenues are not sufficient to replace or repair equipment. The county would like to ha~e the Suffolk County Water Authority buy the water companies but as soon as the water authority approaches the price goes up astron- omically and there seems to be a kind of Mexican standoff. The Depart- ment of Health representative on the committee has presented a proposal for a county local law which would make it possible for the Health D~p~rtm~nt to declare; under certain conditions, a state of emergency and in which they would be allowed to go in, have repairs made and-- by private contractors, and bill the water company owner for reimburse- ment and should the reimbursement not be~made that would be considered the beginning o£ a foreclosure procedure and the company would be t-aken over by the County Water Authority. The legislature is apparently thinking this over and I don't know what the outcome of lhat will be. The only t~ing of great importance that came up was the first results on the Temik tests Were in, 500 test reports in. ~It was not certain what part of the east end they came Yrom but the overwhelming feeling was that they were good tests and it showed not a terribly amount of Temik. I would like to say also that I was to a meeting of the Groundwater Task Force, which is a state cOmmittee. The state has somewhat critical members of the Task Force on Long Island. The state has found that groundwater i~ a problem and the state is going to study it on a stave- wide basis'. Of course, here on Long Island we have been concerned with it for some time. They granted that Long Island has the most:serious p~oblem and Long Island has been designated as the most critical area for groundwater problems. A good bid of the work that went on at the meeting was organizational, however, it was planned to hold seminars and workshops as soon as there was enoug~ work done to make it ~orth- while. The members Of the ~orkshop will be expected?to do these. The matter of petroleum storage and related to groundwater was discussed at some length and they seemed to be putting all their efforts into the desi[gn for future petroleum storage and it ~as great effort on my part tO summon up the co~ra:ge to speak az groups like this. I pointed Out that there were problems--the probl.ems we had out here on the east end for cleanup after there has been damage from oil storage and they agreed With ~e and would add something about cleanup in their program. The other thing that might be of interest to some of you is that th~ State Environmental Facilities Corporation, which is. an adjunct to the DEC is working on plans for hazardous waste storage. The~ are discussing whether to have one single or two or four such hazardous waste facilities throughout the state with transfer stations along the way and whatever they finally decide they will have something ready in about six years. 2. COUNCILMAN LAWRENCE MURDOCK JR.: This was a meeting I attended run by Holzmacher, McLendon and ~urrell, better known as H2M Corporation, with the five east end towns and the DEC~ Mr. Middleton headed the group from the DEC. .It is a prsEiminary report. The purpose of hi?i~g Holzmac~er-McLendon wa~. to try and derive a plan for five towns combined usage of solid waste. They h~ve examined the facility to produce steam, they have examined it in terms of producing electricity, they have examined it to the point of making compost, they've made pellets me'be shipped, they've, tried pelletizing the garbage to be shipped to other areas to make. steam and electricity and we will have another meeting on June the 13th. At that time they e, l SO expect to be a little more specific. So far the general concensus by H2M is that we do not have any buildings-on the east end capable of using the amount of steam that wou~d be generate~ so they feel that that. is out. They are most~definite that they wilI recommend that we produce electricity for sate to the Long Island Lighting Company, however, we will no~ sell it to the Long Island Lighting Company for anywhere near what the Long Island Lighting Company sells it to us. There seems-to be a little divergence in there and on the-13th they intend to go further. It will be, probably, an expensive project. The cost of transporting the garbage or the solid waste-will be probably five times as much, just to trans- port it, as the Town of-Southol-d-~now spends per ton to process it. It is not a pleasant prospec~ to look forward to in terms of money but we are forced to do it and June 13th they will give us another pill and tell us a little more how much it is going to be. 3. SUPERVISOR WILLIAM R. PELL III: Number 3 is a little bit ahead of itself. This committee has' not met yet this year. I have requested the chairman of it and his committee to sit down with me~ on May 27th and I want to go over-the present budget we are in. We have been through four months so far. I have ideas, thinking about next year's budget, so I asked this.committee to meet on May 27th and we will meet on that day. I had hoped prior to do it to tonights m~eting but just never got. around ~o requesting it. (MN, Pell was referring to the Taxation and Finance' Committee.) 4. Town Clerk's monthly report. 5. Super~sOr's monthly budget r'eport. We went over it ~oday. A couple of the board members just picked up a couple of errors in it so I think it is a good thing to have a meeting with the committee next month~ and help me straighten it out, perhaps. 6. Fishers Island monthly report. 7. The HighWay Committee report. 8. The Building Inspector's report. There is abmut $600,000 estimated cost' in new bu~il~ing permits that went out this mont'h. 9. The Trustee's monthly report. 10. The Bay Constable's monthly-report. ~ 11. The monthly report of Justice Tedeschi. ~ 12; You do not have on your agenda, but it is the Police Depart- ment report. The Police Chief did come in today and present it to the Town Board. 13. The monthly report from~the"Assessor's Department. 14. A verbal report by Councilman Drum and he has good news for the people tonight. COUNCILMAN DRUM: Waterways Committee. There is good news and bad news as they say. The good news is that the dredge finally arrived this afternoon about 4:00 P.M. That's on the Sound side. on t'he Bay side there is also some good news inasmuch as the New Suffolk ramp area-- that has 'been completed. The county did hire a private contractor to do it and we are going to meet with the County Waterways Department, Mr. John Guildi, the Waterways Committee, which is John Nickles and Mr. Murdock, on Friday and we will inspect all of the remaining inlet entrances in the Bay. That is just the entrances, ~ow, to determine their status. We feel that the large majority of them have changed to an emergency status. The majority of them are almost Closed and we feel that,it is essential that they be dredged. However, I am not sure that this will take place immediately. Some yes, but all of them, I just can't-be optomistic. Again, we will meet With the county representative, Bill, on Friday. That completes my reports. SUPERVISOR PELL:' Thahk you very much. All of these reports are on file with the Town Clerk. If anybody cares to review them, to to the Town Clerk's Office and request them. You can review them there. ' ' PUBLIC NOTICES COUNCILMAN NICKLES: 1.. Public hearing on May 20th, 1980 at 3:40 P;M. at the Southold Town Hall,' which is an amendment to the current Town Budget relative to the use of' federal revenue sharing funds. Notice is hereby given that the TownBoard of the Town of SouthSld will hold a public hearing i'n the Southold Town Hall, Main Road, Southold, New York on the 20th of'May, 1980 at 3:40 o'clock P.M. in the matter of the amendment of the current town budget relative to the use of federal revenue sharing funds as follows: By transferring and/or reassigning the sum of $11,500 from the New Suffolk Road Improvement account CF9007,4 to the Highway Safety Improvement accouht which is CF9008.4. 2. Public hearing also, May 20th, 3':-5 at the Town Hall o~n a Local Law to provide for the removal or repair of unsafe buildings and' collapsed structures. This is quite lengthy., I won't read it, but it is-filed in the Town Clerk's Offiee. 3. New Y~rk State Department of EnVironmental Conservation. Notice of compZete application of Pierce Yacht Basin. This is a second notice. At ~ur last meeting I think we had one from the Army Corps.- This one is from the DEC and if anyone wishes to make comments on it they must be submitted to the DEC by May 21st, I980. 4. Another water projec~ involving a catwalk and floating dock in Greenpo~t. 'Applicant is Nicholas Parlamis and he wants'to build a pier out into Shelter Island Sound at Pipes Cove. The response date is May 25th and you can respond to the Department of the Mary, New York District Corp~ of Engineers. All the information is in the Town Clerk's Office. COMMUNICATIONS SUPERVISOR PELL: t. (a) From a group of people living up, on Long Island Sound. The property owners request something to be done about the beach buggies riding on their private properzy in front of their homes on the beach. I have requested the ordinances from the other towns, Riverhead, Southampton Towns, which have ordinances on this, to come o~er to the town hall. We~ did receive them today. I requested them sometime ago but' they finally arrived today. One arrived yesterday and one today~ On this we are going to take into consider- ation the request'we have on hand, the' letters we-have from these folks and the other town ordinances. I am going to refer, this at this time to the Beach and Park Committee along with our attorney ~o Feview: this 'and make,recommendations back to the Board, I hope at the nexz Board meeting.- I was delayed getting the ordinances from the other towns or I would have hoped to have more information on this but as I said the last ones came in today. 1. (b) During the last couple of weeks we had a bunch of young gentlemen come in, they are standing in the back of the room there. The beach buggy operators would like the town to provide ~r know if there is a place,in town that-they can take their recreational vehicles and ride them. I have not had a chance to sit down and talk With them and find out~- go into it more in detail and later on in ~e meet~ing if any olf you want to address the Town,Board you should all feel free to do so. Perhaps la-ter on in the week you could come in to the office and si% down and let me hear what you have to say if y~u donht want to do it tonight. The gentlemen in the ~ear. I hope you stick around and tell all the Board what's on your mind, I~ l~ike to share the problems. 2. A zoning board vio~atiom, Roberta Sinnott feels. It has b~een turned over to the Building DePartment f~r evaluation. 3. A l'etter ~rom Pan Tech ~anagement~Corporation expressing the use o£ the $50,000 for the-library grant ~hich~- Southold Town was awarded. 4. A letter we got:in from the Cooperative Extension Service saying they're having ~ workshop on ~Grantsmanship. What to look for, ho~ ~o ~pply and techniques i~ applying for the different grants available. Later on in the metting you wi~ have a ~esolution authorizing Councilman Sullivan to-attend this one day seminar,:at town expense in R~verhead~ 5. Had a lady come o~ 'to town hall one.day this particular weekend-- this particular week and.request the ~o~n if it would be interested in'going into some sort: of market, lng corporation with this outfit. They put out 300,.000 copies of a map of Long Island, tourist ~ttraction map idea. ,The price of it is approximately $1,000. It is something I never heard of' before. T-he deadlin,e is like yesterday. I brought it up to the boated today, and we have the, North Fork Promotion group working on pamphlets for Southold Town. So what we deci~ded ~o~do is let this~ one go, by-this year but send this 'lette.r' to the th'ree chamber of commerce in town. and write back to them and tell them next year to give us a little big more notice, th~n just a cohpl~e of days. (Co,lumbi,a Marketing~C~rp..) 6. You do not have this. It is m 1.e%ter whic~ eame in town hall"yesterday. It was from Anthony Noto~ Chairman of the Suffolk County Legislature. It says, "Dear Supervisor Pell: I would like to take this opportunity"to-inform you and zhe Southold Town Board that Miss De~psey, Assistant Attorney, when speaking at your last l. MAY 6, :1980 town board meeting was not authorized to speak on behalf of the Suffolk County Legislature. I ~m asware that Miss Dempsey spoke on the preservation of Robins Island.and has indicated that she representated the County of Suffolk. I would like to impress upon you once again that she was not authorized to represent the legislature au any time~ Thank you for correcting'the record on this matter. Anthony N0to, Presiding Officer, Suffolk County Legislature."--We did I6ok'-at the minutes~today at this and she said in the start of her.talk, and'I wish I had the minutes in front of me, rLa~ry you brought it up, she sgid she was represent- ing the county executive and County of Suffolk, I believe. I'will ask CoUncilman Murdock to read that one paragraph so we know what she said. You had it today right at your finger tips in the hoard room. COUNCILMAN. MURDOCK: It's on page 35 of the minutes. I'll read the one before, 'it says,'"'~Supervisor Pelff: Before I ask :the clerk to poll the board, which I will 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, Assistant Co-unty Attorney: I am here on behalf of the county and the county executive. It is the county's position that they' are in full support of this resolution and they will cooperate with' %he town in working out .an effectuative;program of acquisition and practical management of Robins~ Island so as to preserve it in its natural state.'" That ~as Miss Dempsey's statement and she did. not, i~n fact, represent the Suffolk County Legislature. This is the kind of problem that we have been running into very often both. in terms of Robi'ns Island. and in terms of the'Estuarine Sanctuary, that whether it's official zeal or what ~ don't know, but it represents facts that are not so and it makes it very difficult to separate facts from fancy. SUPERVISOR PELL: ThankS-you very much. At 8:10 we're"supposed to have a public hearing. I Sort of guessed ~Llittle bit Wrong, we've gbt four minutes wait before we can. callfit, so-I.will go on to resolutions until 8:10 and then we will go back. RESOLUTIONS On motion or,Councilman' Drum, seconded by Councilman Murdock, 'it was RESOLVED that the application of Carl Frelix, Jr. and wife dated March 28, 1980 for the renewal'of their trailer permit on property located on private road, off north side Main Road, Mattituck,' New York, be and hereby is granted for a six month period. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman. MurdoCk, Councilman Nickles, Councilman ~rum, Supervisor Pell. This resolution was declared duly a~opted. On motion of Councilman Mickles, seconded by Councilman Murdoek, 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 Cffapter 44 of the Code of the Town of Southold, notice is hereby given'that 'the Southo~d 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 George W. Bornschein for a wetland permit. 'Permission is requested to construct a-timber dock, catwalk, ramp and floa~ at his property on the east side of Oak Street, on Eugene's '(East) Creek, -Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the foIlowing reason: An environmental assessment has been submittedwhich indi'cated that no signif'i~ant adverse effect to the environment are likelY to occur should the project be implemented as planned. Vote of ihe TownBoard: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Moved by Supervisor Pell, seconded by Councilman Drum, WHEREAS, the Salvation Army has served the people of the United States for 100 years. WHEREAS, its service extends to all people, regardless of race, creed or ethnic background. WHEREAS, its programs serve the whole individUal: mind, body and soul. WHEREAS, its methods are' in touch with the changing times. MAY 6, 1980 o THEREFORE, I, William R. Pell III, Supervisor, do proclaim May 12-18, 19.80 as National Salvation Army Week in Southold Town and urge those who live and work in this community to join me in recognizing the year-round efforts of this Christian organization and its long and honorable history in this nation. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was. declared duly adopted~ Moved by Councilman Drum, seconded by Councilman ~urdock, WHEREAS, through diligence and hard work in your daily living you have set high standars for yourself, and WHEREAS, the basis for development for your own personal code of conduct could not provide a better guidance and will contribute to a more meaningful life, and WHEREAS, you wil~ continue to be guided in your daily living by the Scout Oath and Code, NOW, THEREFORE, BE IT RESOLVED that James Bascomb has achieved the highest rank in Scouting - Eagle Scout. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: You realize of all the boys that enter scouting Only, I think, two percent obtain the rank of.-Eagle Scout. We had three boys do' it from Greenport last year or this year. It's really quite a thing when I think of all the boys that go into it, two percent get there. I think the young man deserves a lot of credit as well as his scout leaders. on motion of Councilman Sullivan, seconded by Councilman Drum, it was RESOL~-ED that a recess be called at this time, 8:10 P.M., for the purpose of holding the following public hearings: 8:10 P.M. - Hearing upon application of Richard A. Schlump for a wetland permit. 8:15 P.M. Hearing upon application of Maidstone Development, Inc. for ~ change of zone. 8:30 P.M. Hearing upon application of Wayne Associates, Inc. for a change of zone. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, CoUncilman Drum, Supervisor Pell. This resolution was declared duly adopted. ~eeting reconvened at 10:00 P.M. On motion of Councilman Murdock, seconded by. Councilman Drum, it was RESOLVED that the following audited bills be and hereby are authorized to be paid: General Fund Whole Town bills in the amount of $22,230.13; General Fund Part Town bills in the amount of $10,499.56; Fishers Island Ferry District bills in the amount of $42,611.36; Federal Revenue Sharing bills in the amount of $3,135.00; Highway Department bills in the amount of $9,258.64; and Recreation Center bills in the amount o£ $1,740.00. Vote of the Town Board: Ayes: .Councilman Sullivan, Councilman Murdock, Councilman Nickles, Ceuncilman Drum, Supervisor Pell. This resolution was declared duly adopted. MOved by Councilman Drum, seconded by Councilman Nickles, WHEREAS, a proposed Local Law No. 2 - 1980 was introduced at a meeting of this Board held on the 8th day of April, 1980, and WHEREAS, a public hearing was held thereon by the Board on the 22nd day of April, 1980, at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED that Local Law No. 2 - 1980 be enacted as follows: LOCAL LAW NO. 2 - 1980 A LOCAL LA~V TO PROVIDE FOR THE APPOINT).~NT OF CO~,~ITTE~S The Code of the Town of Southold is hereby amended by adding a' new chapter thereto, to be Chapter 7, to'read as ~olIows: Section 7-1 Establishment of Committees. The Town Board, by resolution, may establish advisory committees for such purposes as it may deem necessary, to assist it in the performance of its duties. 7~2 Comm'ittee Me~bers. The TOwn Board shall determine the number, of members ~o such committees, appoint the members thereto, and designate t'he 'chair- MAY 6, 1980 man thereof. Members of-the public,.public officials and public employees shall be'eligible to serve as members of such committees. Members shall serve without compensations, and at the pleasure o~ the Town Board. 7-3 Duties. Committees shall perform such duties ~nd exercise such powers as.may-be specified by the Tow~ Board.~ Committees shall have no poweys other.than advisory. 7-4 Expenses. Committees~m~y incur~such expenses in the performance of their duties~may be appropriated therefor by the Town Board. 7-5 Statutory Provisions SuperSeded. This ~chapter shall supersede, ia its application to the Town o~ Southotd~ subdivision t7 of Section 64 of the Town Law. 7-6 This Local Law shall take effect immediately. Vo~e of th~ Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This-resolution was declared duty adopted. SUPERVISOR PELL: I did at'this time as Councilman-Drum-and Murdock if t-hey were ready to appoint the committee tonight and they requested that sin.ce we did not go-into it in the working' sessien of the board that w~.~would contact the various people who have been working on this committee before the next board meeting to make'sure, they are wil~ing to serve and get~ the approval of the board at the next work session and then appoint them the next time wesi~ down~ Number 6 is whether the full time elected officials should be covered the same as town employees with the dental and optical plans~which is in the CSEA contract. We will have a repor't on this next town. b_oard meeting-by the Wage and Policy Committee and have a factor cost o£ what it will cost the town. Number 7 - We are advised by the town attorney that we do. not need this. It is already on the books. We did have B reouest from the tax receiver's department and we will inform him tha~ it already is a law. We dO not have to ask for a home rule message on this. Number 8 - tt is a resolution asked by our.justice and endorsed. It is a proposed magistrazes association recommendation that the fees be raised from $5.00 to $10.00. This law went into effect in 1939 and it has not been ~pdat~ed yet and the magistrates of the State of New York feel.~it is time we have an update. (Note: should be $5.00 to $t5~00.) ~oved by Councilman l~urdock, seconded by Councilman Drum, WHEREAS, zown and'village .courts hear and determine cases involving violations of state law, and WHEREAS, fines and penalties collected-by such ~our~s~are paid to the state in recognition of the fact that such violations are s~ate offenses, and WHEREAS, in recognition of 'the.serVic~$,-p~o~i'de~ by such. local courts, the State o£ New York has provided in section 99-~ of the General ~unicipal Law that towns and villages shall be reimbursed for services rendered in such cases in the amount of $5.00 per case, and WHEREAS, the amount of $5.00 was originally set forth in the Code of Criminal Procedure, section 740-a, by Chapter 737 of the Laws of 1939, 'and ha~ remained unchanged for the past 41 years, and~ WHEREAS, the per case costs of t'he operation of ~ocal courts have increased substantially since 1939 while no increase in reimburs-e- menz by the state to local governments for court services has been granted, and WHEREAS, the net result is that the burden of the sa~d addmtmonal cost of administering this state op.erat'ion is borne by taxation of local real property rather than~-by general taxation, NOW, THEREFORE, BE ~T, RESOLVED that this body does hereby strongly urge the Legislature and the C~vernor to act favorably on pending legislation which would increase the amount returned to towns and Vi~lages'.to $15.00 i~stead o~ the present inadequate $5.00 limit .as sez by the present provisions of law (Senate 2397-A;~Assembly 10900), and be it further RESOLVED that a copy of this resoiution be forthwith forwarded to the Hon. Hugh L. Carey, .Governor; Hon. Warren ~. Anderson, Presi- dent Pro Tem of the Senate; Hon. ~anfred Ohrenstein, Senate ~,~inority Leader; Hon. S~anley Fink, Speaker of the Assembly; Hon. Daniel B. Waish, Assembly Majority Leader; Hon. James L. Emery, Assembly Minority Leader; Hon. Jess J.~Pres.ent, Chmn., Senate Committee on Local Governments; Hon. James W. McCabe, Chmn., Assembly Committee on Local Governments; and to the local State Senator LaValle and Assemblyman Behan serving this area. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: No. 9 is from an engineering firm to do the work on the proposed $50,000 grant on ~ibraries. The Town Board felt their'fee is a little bit too high. We are not ready to approve it at this time, we are going to do a little, I'll say, negotiations with them, to see if we can't come up with a little better price. No~0~ As you may know, the Town owas the~V~llage~of Greenport $40,000. It's supposed to be paid off half this year and half next year. This moeny is the money we used for the Senior Citizen/Youth building up on, Peconic Lane. It was money that they had allocated to them through a federal program. We ran short,, they ave it to the Town, released it to the Town and the Town must repay them under an agreement we made with them two years ago. We are going to repay them in inkind services through our Superintendent of Highways. The Board did discuss it today and we want Mr. Dean to sit down with the Village of Greenport and come up with just what's what and how much we are going to pay off. We are not ready to act on Na. 10. No. 11. One day last week I had a group of gentlemen come in from Plum Island Employees Association. They handed me a petition with 1500 names on and they're asking the Town Board to.~pass a resolution tonight To go on record as Opposing the United States Department of AgricuIture's plans To contract out the operations on Plum Island. I will offer this in the form of a motion. On motion of Supervisor Pell, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold supports the nearly 1500 residents of Eastern Long Island in protesting the U. S. Department of Agriculture's plan to contract out operations at the Plum Island Animal Disease Center. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: No. 12 we discussed at the request of the Town Board of Appeals to go over the charges made on the various applica- tions they make. The Town did discuss it, but we also discussed in little more depth all the charges from the Planning Board, the Zoning Board of Appeals and we decided to review them all and go over them all at once and au a later date will consider them all. So.No. 12 is out. No. t3 belongs to the Department ef Highway. It is an employee on Fishers Island in Mr. Dean's department resigned and sent his resignation in, we do not have to have a resolution on it. (Note: Peter Thibodeau). No. 14. I am going to say is good news. We-have a claim, the final bill on ~Cavaliere Electrical on the building up on Pecofiic Lane. This is another contractor that we are paying of~. I ~hink there is two more left to go and the building will be ours. We need a resolution to pay this bill of $1,000.00 to Cavaliere. ~n motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes the payment of $1,000.00 to Cavaliere Electric Co., electrical contractor at the Senior Citizen/Youth Center, as the ~inal payment for oum- standing items of work completed at the Center by them. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murd~ck, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: 15 and 16 is unneeded at this time. In our agreement with R0dan Equipment it says in ~here that the staie's share, this is money coming from-'the state 'that Rodan will be paid when the state pays the Town so we do not have to have any resolution at this time. 17. ON motion of Councilman N~ckles, seconded by Councilman ~urdock, it was RESOLVED that the Town Board of the Town of-.Southold authorizes_the transfer of $312.40 from Genemal-.Fun~ Whol'e Town Cont~ingent A~990.4 to Programs for the. Aging A6772.4. Vote of the Town Board: Ayes: .Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Super-viosr Poll. This resolution was declared duly adopted. 18. On motion of Supervisor Petl, -seconded by [~ouncilman Sullivan, it was RESOLVED that the Town Board of the Town of Southold set 3:00 P.M., Tuesday,' June 10, 1980, Southold Town Hall, ~ain ,Road, Southotd, New York as time and place for, hearing upon application of William C. Thompson for a permit under the provisions of the Wetland Ordinance of the~ Town of Southold for permission to construct a timber dock, catwalk, ramp and float at. Canoe Path on ~atti2uck Creek, Mattituck, New York. Vote of the Town'Boa~d: Ayes: Councilman Sullivan, Councilman ~urdock, Councilman Nickles,' Councilman Drum, Supervisor Pell. This reso'lution was-declared duly adopted. SUPERVISOR PELL: No. 19, I'd like to go into a little explanation on it. We asked, .zoday, Elaine Weiss to come before the Town Board and talk about the Suffolk Community Development Corporation. She talked on zwo different .programs. One was 208, what's called 208,.the housing program. There are.42 ?eople in Southotd Town who have aD.p-lied: to this outfit for aid in housing field. The Board listened to Elaine Weiss for probably I am ~0ing to say a half hour. We talked abouv that, the pros and cons. We also talked about winterization program that will be set up in' the nea'r future. We-had a conzractor from town who is involved in this field, doing work for this out.fit.. He spoke very highly of it. After much 'discussion and debate among the Board I said. I .would introduce a resolution~ tonight supporting both programs. After much debate the Board came up with the following resolution to support only the latter.~:~of the two, the winterization program. At- this time I wi.l.1 ask the councelmen to offer"it. 19. On motion of Councilman Drum, seconded by Councilman ~urdock, it was RESOLVED that the Town Board of the Town of Southold become engaged in the Suffolk Community Development Corporation's V[eatherization Program as financed by the ~federal Department of Energy, provided the Town of Southold will be u~nder no fiscal or administrative responsibility, and be it further RESOLVED that the Suffolk Community Development Corporation submit a letter to the Town of Southold relieving them o£ any fiscal or -administrative. responsibility before this program is undertaken in the Town of Southold. Vote of the Town Board: Ayes': Councilman Sullivan, Councilman Murdock, Councilman Nickles,~ Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 20. On motion of Councilman Nickles, seconded bY Councilman ~urdock, it was RESOLVED that Vincent Tirelli be and he hereby is appointed.part time Radio Operator-at the Southold Town Police Headquart-e~s -atata salary of $4.00 per hour, effective immediately. Vote of the Town. Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Poll. This resolution was declared duly adopted. SUPERVISOR PELL: No. 21. I am going to offer this resolutio- tonight but I am going ~o ask the Town Clerk if she will comment on it. We are looking at copymachines that we have in this town. hall here. We looked.at three different machines. We zeroed in on one we.liked. ~ I asked the Town Clerk ~f she would visit and see the machine in operation. She has and the Board is ready ~tonight to offer - go out for the IBM mac.hine. Judy, do you have-anything to say on it? TOWN CLERK TERRY: I feel in signing an agreemenz for the rental of this machine that the Town will save money in the long run, even though it-is costing us a slight bit more a month than what we are paying now. It automatically duplexes and we feel that mosv of the employees don't take advantage of the use of the Xerox duplexing feature becuase you have zo take the paper out of the zray, adjust the tray, in order to make one or two copies and this will do it automatically. That's one of the features. It also copies 100 copies per minute which is almost twioe._as fast as the Xerox machine, 6, 19 o i05: 21. 22. 23. 24. 25. 26. On motion of Councilman M~rdock, seconded by Councilman Drum, it was RESOLVED that Supervisor William R. Pell III be and he hereby is authorized and directed to sign a rental agreement with IBM for an IBM Series'III, Model 10, 20 Bin Collator copy machine; subject to the approval of Town Attorney Tasker. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded-by~':Councilman Drum, it was RESOLVED that sea~onat Beach Attendants be hired by the Town of Southold at a salary of $3.75 per hour, and their duties be snecified by the Supervisor. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman N:ickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, Seconded by Councilman Murdock, it was RESOLVED that the following seasonal Police Officers be hired~by the Town Board of the Town of Southold at a salary of $5.00 per hour, from May 24, 19B0 through September l, 1980, including Labor Day weekend: Michael Finnican, Martin Flatley, Patrick Sinclair, Theodore Beebe, Jr., Carlisle Cochran, Jr., and Michael Fingerle. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. COUNCILMAN MURDOCK:~ Ai~I of these men, plus three others, who have' s%nce decided not to go through-with this have been attending, this winter', at their own expense and their own 'transportation, a school run by the-Suffolk County Police Departmen~ f'or a certification program for part time police officers. The school ~consists of exactly half the hours and tot'al requirement robe a~ full licensed Suffolk County pat~o'lman and I think their desire should be made known to the public and if you do happen to, know any of these gentlemen, I think 'they w~uld appreciate your saying thank you, becuase everybody else in their class was paid, by the ~espec-tive towns that they represented. SUPERVISOR PELL: Some of these will be full time and some-will be part time. They work weekends, nights, etc. among other jobs. Item No. 24. Claude Kumjian, a radio operator who has been with the town for four or five years at least, every summer in the past he takes a leave-of-absence from his radio onerator, mo get out of the room, I guess, and go on'as a specigl policeman in the summertime. Right' now we need to grant a leave-of-~ab~ence during this period of/time from May ~4th to September 15th. On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that Claude Kumjian, Radio Operator for t.he Southold Town Police Department-be and~he h~ereby is granted a leave-of-absence from his duties from May 2~, 1980 through September 15, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. Thins ~resolut:ion~as dec~areff~d~l~ adopted. SUPERVISOR PELL: No. 25~ a ~resolution to hire the same gentlemen as a seasonal poli'ce officer at-a salary of $6.23 per.-hour. Th, is is what he makes' mS a radio operator~and he ~has been doing this for five o~'six years/ ~'hat is wh'y ~here is a-difference ~n pay.. On motion of Councilman Murdock, seconded byCouncilman .Drum, it was RESOLVED that the Town Board of the To~n of Seuthold hire Claude Kumjian as a Seasonal Police Officer at a salary of $6.23 per hour, from-May 24, 1980 through September 15, 1980. Vote.~of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion' of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED tha~ Councilman~George R. Sullivan be and he hereby is authorized to attend the Grantsmanship Program at Riverhead, New York on. May 23, 1980; necessary expenses for registration, lunch and travel to be a ~egal Town charge. Vove of the TownBoard: Ayes: Councilman Sul%ivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. ~his~ ~S.oB~i_on ~as~e~l~red duly a~do~_~ted. 27. SUPERVISOR PELL: No. 27 'is something ~obody on this Board likes to do but we have:an emergency.'situation at ~attituck between the Anchor Inn and the Old Mill Inn. The Town has approximately 75 f~et of bulkhead there tba;t we ownl The bulkhead is undermined and behind I can stand down, I'm six feet tall, stand down in the pit and can't see over the tod o~ the bulkhead looking to the east. Mr. Dean has it roped Off now. We ~are ready To go out for bid for it but.we must have money to pay for the repair. I personally do not thi~k the repair will be this high but we must have the money available for this, We are setting a figure at $20,000 to i~sue a bond in the amount of $20,000 to pay for the emergency repair. If any of you ~, -~ have taken a ride up there you can see~what I say is emergency. It is something that has to be done right away. Moved by Supervisor Pell, seconded by Councilman Murdock, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED ~Y 6, 1980, AUTHORIZING THE R~CONSTRUC~t~ON OF BULKHEADS AT ~E END OF MILL ROAD,'MATTITUCK,~IN SAID TOWN, STATING THE ESTIMATED MAXIMUI~ COST THEREOF, IS $20,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $20,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE T~VN BOARD OF THE TOWN OF SOUTHOLD, IN.T-HE COUNTY OF SUFFOLK, NEW YORK, HEREBY R~SOLVES (by the favorab'le vote Of not less than two-thrids of all the members of said Boar'd) AS FOLLOWS: Section 1. The Town of Southold (herein called "Town"), in the County of Suffolk, New York, is hereby authorized to re- Construct~bulkheads /at the end of Mill Road, being approxi:mate~y 75 feet, in Mattituck, in the Town. The estimated maximum cost o'f 'said specific'object or purpose, including preliminary costs and costs incidental theret, o and the financing thereof, is $20,000, and :said amount is hereby appropriated therefor. The plan of financing includes the issuance of $20,000 serial bonds to finance said appropriation, and the ~evy of a tax upon[ all the taxable real property within the Town to pay the ~rincipa~ of said bonds and the interest thereon as the same shall b~come due and payable. Section 2. Serial bonds of the Town in the principal amount'of $20,000 are hereby 'authorized to be issued pursuant to the provisions of.the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance:said appropriation. Section 3. The following additi'onal-matters are-hereby determine~ and stated: (a) The period of probable usefulness of said specific object or purpose hereinabove described, for which said $20,000 serial bonds herein authorized are to be issued, within'the limitations of Section 11.00 a. 22 (b), is twenty (20) years, but the maturity of the bo~ds shall not exceed five (5) years. (b) Current funds are not required to be provided prior to the issuance of the serial bonds a~thorized pursuant to this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds pursuant to the provisions of Section 107.0'0 d. 4. Of t~he Law. Section 4. Each of the bonds 'authorized pursuant to this resolution and any bond anticipation notes issued in anticipation Of said bonds, shall contain the recital of validity prescribed by ~5~.'00 of the Law and s~id bonds and any notes issued in anticipatio~"of said bonds, shall be general obligations of the Town, payable as to bo.th principal and interest' by a general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith:and credit of the Town are hereby irrevocably pledged to the ~punctual payment of the principal and interest on said bonds and provision shall be made annually in the budget of the Town by appropriation:for (a) the amortizaiion and redemption of the bonds to mature in each year and (b) the payment of interest to be due and payable in each year. Section 5. Subject to the ~rovisions of this resolution and of the Eaw, pursuant to the provisions of ~30.O0'relative to the authorization of the issuance of bond anticipation ~otes, or, the renewals of said Notes and Of §50.00 and ~56.00 to 60.00-of the Law the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale'and issuance of the bonds herein authorized and MAY 6, 1980 28. or p~ .to e~ (b) the ~ with ,reso] ~ with, and an action, commenced wit or of any bond anticipation notes issued:in anticipation of said bonds, and the renewals of said notes-, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any bond anticipation notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object rpose for which the Town is not authorized pend money, or rovisions of law which should be complied at the date of the publication of such ution, are not substantially complied suit or proceeding contesting such validity is in twenty days after the date of such publication, (c) such obligations are authorized in violation of.t~e, provisions of the constitution. Section ~. This resolution shall take effect immediately. Vote of the Tcwn Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resoluticn was declared duly adopzed. On motion of (louncilman Murdock, seconded by Councilman Nickles, it was RESOLVED by tt.e Town Board of the Town of Southol'd, in the County of Suffolk,-New 'ork, as follows: Section ] The Town Clerk is. hereby authorized and' directed to publish~ in fl.il, zhe foregoing bond resolution,_in "The Long Is.land Traveler-Watctmaa, Inc.," a newspaper published ~ Southol~, ~eW York, having a gene~'al circulation therein, and hereby designated as'the official~news~aper of said Town, and in !'The Suffolk Times", a news- paper published in Greenport, New York, together with a notice attached in substantially th~ form as ~rescribed by ~81.00 of the Local Finance Law of the st~te of New York.- Section 2. This resolution shall take effect immediately. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, ~0unc~lman'Nickles] Councilman Drum, SuperVisor pell. This ~esolutidn was declared~dulY adopted. SUPERVISOR PELL: That concludes the agenda that we have p~epared, do~ ~any Board member have an.ything that.he wishes to bring UP? (no response). Anybody wish to address the Board? MRS.. RONNIE WACKER; Cutchogue: When we were here two weeks ago when there wa~ the 10ng discussion on R~bins Island a couple of the councilmen indicated that they fel~ that the majority of the people in town were mn favor of development. Now, .a group of us who have circulate~ pe2i~ions in favor of preservation of the island, petitions signe~ by~s'0~ 2400 people, f~e~h~t th~'major~'of the people are in ia~0r of p~'ese~vati0n. I Have heard' ~eports in the last two weeks from people tl~at we've talked to in town who have said that the Town Board does no~. represent them... I would like to suggest a way for you gentlemen to :.mprove your image as representatives of the people in town and that is to vote for .a referendum so that people might indicate whether they !~re in favor or opposed to development. Now, I under- stand that th:.s is a problem, a legal problem, but Riverhead did it, Riverhead Tow~ Bokrd went ahead ~i'~h6u~ any say so of anybody and voted in favo~ of nuclear power plants and th~n some zwo years later there was .a r~ferendum which was contained in a legal ~device. There was' something about~ a bea~h"~onnected with i2. But this' was s~mply a device' to g t:. t~e people's 0pinion on what the town board had ~one. S'o I w'ould' like tO's~ggest %hat our counsel could certainly find a way through 'ail the legalistic jargon and i'f we e'nt~ust it to him he would be able to come up with a device that would give us a referendum and then We would al~l feel better about' it. If it comes up that we are full of soup, well, okay. But on the other hand we feel that you gentlemen are not going the way the majority of the people would have Mou vote. SIYPERVIS~R PELLi Thank you. Any other comments from the floor or any~Board ~ember wish to address that back? ' COUNCIL N ~U~DOCK: 'We aire~d~ addressed Mrs. Wacker this ~morning in the work.session. COUNCILMAN DR~M: . I spoke at the v'ime and said that from the people and the organizations that I have personally spoken to and sDoke~ to me ~nce.'this meeting in here, that t:he majority of the people have spoken; not~fhe majority of th~ peopie, -the people who called me up and said, and I'm still firmly convinced that the majority of the people in Southold Town, I admit there 'ar~ many of them thai ar~ ~he Workihg ~pes, I h~ve had mor~ farmers and more people working who 'said they'can't Come to'the meeting, and this is two weeks ago, and/:they since have talked to me, and I am still c0n~fnced the majority of the people are in'favor of the owners, the limited number of homes in~Southold Town having the development rights to'the interior, keeping it in a watershed and keeping each end of the isIand preserved and this is their feeling. There are many many organizations. I ~Iso said, and I think ~r. Tasker mentioned as far as the referendum, he did 'not say you could not have~ a'r~ferendum. I Will leave that up to ~Mr. Tasker,' but he said that very 10ud knd clear. ~RS. WACKERk How do~S the numbe~ of people that you spoke to stack up against 2400 sSgnat~res ~u~ of 10,000 voters? COUNCILMAN DRUM: I can S~y~thi~, of ~our~ 2400 signatures, many, 0ver'50"p~ople have'~i'd' t~'me, I tdok petition.s aroUnd, I didn't know what I was .d0ing, ~ did'ut agree with it;~'and ~0w that I know what it's about I don't ~agree with it. Now these are just 50 people to me. I don't know'h0w many others there are. MRS. WACKER: It seem~_.~o me ~here !s such a dmspa~ty? even ~n this P1um Is.!and p~tit~0n here yod're cognizant, of~1500 sig'natures opposed and thi~ indicates a sizable proportion of the people in town who are o~posed, to plum Island going, to contract. COUNCILMAN DRUM: That is an entirely different matter. MRS. SHIRLEY 'CROCKER, Sou~hold: I am just wondering how many people in the Town of Southold.?' SUPERVISOR PELL: How many all told~ residents? Approximately 20,000. That's everything, youth and all. We have .I0,0D0 reg- istered voters. ~S, MARTHA J. PAUL, Cutchogue: I would like to,add~ess this problem we .seem to be having with-~ The people I've been speaking ~o, the people that have come forward; we have many~xperts come forward, we have editorials, we have peomle-from Cal~f~rnia who have called saying that they would speak about what is hap~$ning in California and I believe yon gentlemen when you say~-you hear p. eople who wan~ development, but we hear people that want it preserved .and the only fair thing is for referendum. I am going to suggest,~ as you~know, or probably know, there is going to be a meeting at my home and we are-going to explore the possibility of referendum and I would suggest that in two~,weeks when we have another Town Bo, a~ meeting we would come back with a report on a referendum and the~ at the working board session we will present it to you people and we .can again look at it and we can discuss it again and go along on ~hat. I think it is the only fair thing to do. You cannot dismiss us by saying the farmers want development it just won't work. We're not going to go away. We're here and our vote counts jus~ as much. As far as the 2400 signatures, I've heard that over and over again. This was not a legal .petitdon. It was just a petition that we handed around and asked people.how they felt about Robins Island and we're still getting signatures coming in. But the only fair way I can see would be for. a referendum and probably in-November so it won't cost the ~axpayers anything. I can't see any objection t~ it, frankly. If we do-all the legal work and present it to you, then the answer is either yes or no. So that is what we will do in two weeks. MR. FRANK BEAR, Southold: At the meeting two weeks ago, I ~hink Councilman Sullivan and Councilman ~Drum announced their vote against the resolution for the acquisition of Robins Island by the county. They both mentioned that they couldn't accept the resolution in its present form. What I would like to know is what kind Of form they wo~ld accept. Do they mean if there is some kind of amendment to it they would be willing to go for it? We need some guidance on what they're thinking is, because we'are trying to provide you with a referendum or p. etition~we would like to have something that we £eel~has some general ~uppor~. What did you mean, in its present form, Councilman Drum? IIAY 6, 1980 COUNCILMAN DRU~,~: I believe I've mentioned the limited acquisition of the development rights in Southold Town of Robins Island. Accepting. MR.. BEAR: If it is revised, would it be acceptable ko you? is that. the only objection you. had to it? COUNCILMAN DRUM: Whereby a portion of Robins Island is the--- the owner has offered and that the~ Southold Town accept, should the Planning Board, when they get to that stage, I feel, that then this Board should accept the development rights to that portion of Robins Island. MR. BEAR: That has no relationship to the resolut.ion-- COUNCILMAN DRUM: It is in a different form entirely. IIR. BEAR: It is a different r. esolution. For acquisition by the County and you are talking~.~bo~t acquisition of some of the development rights, two different things. Well, what did you mean, Mr..Sullivan, when you said it? COUNCILMAN SULLIVAN: Well, as you recall, I questioned the ability for the detail of the county reimbursing the New Suffolk School District for the taxes. I Would like to see something more firm on that, whether it can be done. And number two, on the ranger patrol, I want to see the cost, what. detail, what do you e~pect it to cost the people of the Town of Southold or the people of Suf~folk County. MR. BEAR: If those questions are answered, would you be in favor of the resolution? COUNCILM~N SULLIVAN: I'd have to see what the numbers are, whether the re'imbursement of the school district co. uld be done. MR. BEAR: Then, if we can find the answers to that, you.would be willing to go with the acquisition by the county? COUNCILMAN SULLIVAN: I'd have ~o see what the results would be. MR. BEAR: You mean, if you are satisfied with those {igures? COUNC'ILMAN SULLIVAN: Perhaps, yes. MR. BEAR: As far as the rest of it, you would be willing to go with the acquisition by.the county, right? .. COUNCILMAN SULLIVAN: I would like to see the whole proposal amended to-conform with~what I just said. MR. BEAR: But you wouldn't object to acquisition by the county? COUNCIL~AN SULLIVAN: I said, I'd like to see the whole proposal. I'm answering~your question the best I can, okay? MR. BEAR: That's one of the things that's bothering me, just what you were up against and what you was for and the only thing I could get was the impression was that you was just against. One thing that was just said here a moment ago about this 1500 signatures on this Plum Island thing. We have almost 2500 signatures. As I said before, this is no secret at all, several, quite a number of those are not residents of the town. I think that Mr. Nickles has counted them and he told me he came up with something like 498, or something like that that are not residents of the town. That still leaves almost 2000. I also said in the past and this ought to be on tape, the' record is here somewhere, that some of these signatures were students. Some of them are, we had some students here that were talking. There is no secret about that. So let's assume there are 100 of those, there still would be somewhere between 1800-1900. That's still at least 300 more than the petitions on Plum Island so it would seem to me that if you think that's important for Plum Island it also should be important also for Robins Island. We don't get 1000% of people signing any petition for or against anything. The last town election something like 6400 and some people voted. Out Of the total number of 10,000 ~lus that could have. Let's take the 1800 signatures, that's still a more than half of the figure 1~.~i] MAY 6, 1980 that it took to eIect any of the councilmen who were up for election this last election. That's a lot of people who have expressed an opinion. I know that Mrs. Drum is. smiling h~re like he has got the answer better than anybody'else has. The fact of the matter is, though, ~r. Drum, that some 1800-pesple signed a petition whi6h they read; sure somebody may have phoned you, that we know for one thing that there were not 50 people all together circulating these petitions. So 50 people could not have said they were circulating the petitions and didn'.t knowlwh~t they w.ere doing, COUNCILI~N DRU~: Mr. Bear, I did not say 50 people were circulating if I did. I said that some of the people-had signed the petitions and some of those had Circulated the petitions. MR.'BEAR:' I'm glad yon got that clear. COUNCILMAN DRUM: I had it entirely clear.' L~. HENRY LYTLE, Pe~onic: I~d ilik.e'to address a question to Mrs, Paul. Mrs. Paul, I have a lot of sympathy to your committee's desire to preserve RobSns Island. But has anypne gone into t~e dollars and cents angle of it? I mean, have you started a f~und over here t.o try to get three or five million dollars togethe.r to buy the island? ~RS. PAUL: Well', that is step three or four or five. The first thing we have to ~ecide from the people of SouthOld Town, it seems ~o me, whether we want to preserve the island in its natural state because ~i~ is such a unique place. Or doe we want to develop it. We h'a~e had expert testimony saying,~ ~nd I t'hink any of us that have been building, know that there is no such thing as limited development.. We can't keep it contained. Once you open Pandora's Box'there i't is. Development or preservation. Thi.s is what I am hoping to be an honest referendum, so that each person with knowledge-- we would in the mean time perhaps work on an information ~heet. We have had of£ers to help .us on that 'because people know what they are voting for, they just won't take a petitio,n around and not know what they are doing and then the next step us funding. As we've been told over and over again by our County Legislator G~eg Blass who has come out in favor of preservation, there is federal money. So the first step is for us ~o find out what we want to do with this beautiful island, do we want to go with development which means forever developed, or ~do we want, to preserve it? Does that answer your question? MR. LYTLE: It answers the question as far as preservation of the i~and~ everybody wants to preserve the island. I think if it went to referendum right new.you could get 75% of the people to say sure, if it doesn't cost me anything-- but if it means adding $500 a year on ~o your tax bill or $200 a year on to your tax bilI--- (Conversation between Mrs. Paul & Mr. Lytl.e.) SUPERVISOR PELL: Councilman Nick'les, would like to'have'a few words. COUNCILMAN NICKLES: I don't really know where to start -from listening t0' the people tonight and the comments at thw work ~ession and so on. I think What we have to Understand is we are all in favor of preservation. I think th~ Town. Board, in voting a~ainst Bill's resolution, at leasz I will ~speak for myself~ I think we ~re looking at two options of preservation. O~e which would be, as M.J. says, total preservation ~nd one which is partial p~eser~ation wi.th 1.imited development. When we were talking abaut,~ nov to reizerate, from two weeks ago, the'bksis-of one 'home for every fifteen acres, 28 lots, 202 acres that would be open space, covenanted to the town, so on and so forth. Now, I know-people are saying that there's some unknown compelling reason that certain members_of .the Town Board voted, against it, they just can't seem to accept the fact that the decisionis made on merit~ I read a letter ~.rom Mr. Tao~mina at the last Town Board meeting and Thursday after ~this Robins Island mee.ting, if you want ~o call i~, I gev in my box a letter from Rober~ Flacke, Commissioner of the D.E.C. This is a letier that was sent evidentially to the Town Board or Supervisor, but anyway it's to Mrs. Salzman Of Mid-Atlantic Representative of Friends of the Earth. He's responding to her letter of March 3rd. I'm not going to read t~e~whoie letter to you because part of it does deal with the estuarine.snactuary which is another matter. Down at the botton it says, "It was disclosed at the public hearing that the Town of Southold is reluctant to have Robins Island purchased by a public agency and removed from!;the tax base. Furthermore, the owners of Robins Island do not wish to sell their property. However, they agreed to develop their property in a manner ~hat would protect water wuality, thereby precluding the need for public acquisition. The owners, as represented by Mr. William Ess~k~7 prepared a development plan for the island and contacted Mr. Taormina for his reaction. Mr. Taormina believes that the plan is an excellent one designed to protect water quality, open space, and fish and wildlife values. The plan subdivides 444 acres into 28 lots. The interior of the island is desginated to remain an undeveloped watershed. Also, the north end wetlands---" I think you are all familiar with that. One the second page of his letter he states in here, "I believe that considering the serious fiscal restraints Government has to face today~ a proposal such as this one which appears capable of preserving the public's overriding interest of protecting both the resource and community tax base without the expenditure of public funds is commendable and should be explored,j--'' And he goes on and concludes' his letter. I think that basically thms is what I and the Town Board is looking at. How can we preserve out resource, as he states here, and our tax base. Certainly, when we have a country today which is ~.~tmost on the brink of economic disaster, I don~t know who all you are talking to but the people I talk to, I talk to housewives, I talk to working people, when they say to me, "Jdhn, we're living hand to mouth. Another buck by taxes go up and we're not going to be swimming anymore we're going to be sinking. These are the people that I hear. They're concerned about their taxes, they are concerned about their loss of the tax base. Now, I heard it said that these covenants are not permanent, that"s a matter of legal opinion, but the peeple I've been talking to feel it is and I went into it enough to find out there is a place in East Hampton that ms a luxury home area, Geor~ica Pond, and this is. convenanted mn the same fashion as what is proposed on Robins Island. This area has large lots and they haven't had ~ny problems maintaining the integrity of that covenant zoning which is in excess of the Town of East Hampton's ~llowable zoning. In other words, in excess of their two acres or three acres whatever it is it is bigger. The same as it is here mn Southold which is one acre, we are talking about six and a half acres on Robins Island. I had no~ played the numbers game all through the period leading up ~o the vote last -- two weeks ago. I never looked at the petitions, I never intended to look at the petitions, but one of our taxpayers looked at the petitions and he brought it to my attention that 490 people out of the 2434 Of those 490 were from out of the Southold from the age of six year proceeded any further beyond that three times, indeed Mr. Pell's fa is, that ~or three or four weeks majority of the people want the a see if 2400 names~ 2500 names and the majority of the people and wb Town Board can't they represent talked to people on .that l%~-t, pe the Paper, ~Call your Councilman'" 8:30 when the town board ~egan me ubmitted were out of the town, 70 county~ indesd, 84 people beret_in up were children and they haven't indeeed 15 people signed it two ~o ther signed it twice. What I'm saying in the press I've been reading the cquisition of Robins Island. Ail I they're saying 2500 names represent at the hell's the matter with the t. ~ realize, a~ Henry. Drum has~, ~ve ~ple called me' up, they put~_'an .ad~ in I got ten calls~ ~rom Thursday until e't'ing..th!~ morning.[ Two o~'th~ people didn't even kno~ why they called ~e up, They called-.me up because someone told them to call me up. .Elghtl o.ther people~ they called up, they kne~-~hat they called up ~or ~hey made it very clear, vote this. way or we aren"t going to vote fo prer0gati.ve. What !"m saying i.s, newspaper~_.. - putting. · forths. . tha~ 2500 people in this: te~n. I' don~t kno you. 1 feel, certainly that's their that we had an editor and we have a people repres:ent the majority of the ~ if that i.s so or not. All I know ms-that the people I talk to, I t~lked to people who signed that list and ~ talked to people ~ went to ;-chool with, worked with, that I see every day, I see at all kinds of Junctions I go to, and they"re generally i.n agreement wi. thfthe position that I' took, which I talked to people before I took the positionl That's the botton line -- is how I perceive how the majority o~ the people feel, is that they're for limited acquisition. They wouldn't be in favor of development of three or four hundred homes there which would destroy the integrity of Robins Island and then ~econdly, ~ think when Commissioner Flacke, who can certainly sa~ he haa no vested interest in this, that thus plan if commendable and s:hould be explored further. We can look at our - preserve our tax base and our resources simultaneously, I don't see how you can criticize the Town Board for trying to preserve the two things which are damn important. Our tax base and our resource. If it turns out somewhere down the line that it is going to become evident that we can't preserve that resource, ~hen we'll have to reevaluate our situation. We are looking at a list where 25% of the names on there are not valid, of course, it's not a legal petition and Frank, as he said, and M.J., there might be a few out of town names on the list but it certainly would seem a lot more substantial thatn I had surmised by listening to what I was told. SYLVIA PAVNICK, Mattituck: I have two things to say. One, pertaining vo Councilman Nickles talking about sinking or swimming, I think at the meeting it was very clearly brought out that development would cost the taxpayers more money rather than the conservation. Second, I think that no matter what you are trying to do to justify your position you've all lost credibility to the people of this community and a referendum is the only solution to restore some faith in local government. And regarding the children of six years and up that signed that petition, I think they're future ovters here too and I know some of the teenagers who were here that day and they walked out here shaking their heads unable to believe that in spite of such' an overwhelming support.for an issue the elected officials of this town seemed to ignore the will of the people and I Think thav you're obligated now to voters and non-voters alike to have a referendum. DOUG SHAW, Mattituck: We seem to be adamentiy opposed in our opinion about who's fn the majority in Southold Town. There is only one way to settle that and I don't believe that any of you can advance an argument against a referendum. That is a separate issue in the question of the preservation of Robins Island and it should be kept separate. When we discussed this issue, Mr. Drum, you came back with your position about preservation, that is not the issue. The issue is a referendum. I think it's fair, I think it's just and I honestly don't believe there is any excuse for any of you to fail us again. MICHAEL REESE: I would just like To say with respect to this referendum motion, I don't think you are ever going to have another board meeting without this coming up and I think the only way you fellows can get off the spot is to say okay, referendum. T~at will give you time to marshall your arguments and give us time to marshall ours so we don't have to worry about any 2000 people or babes in arms signing petitions. COUNCILMAN MURDOCK: I have two comments. Number one, for the lady in the back, it was not established with fact about how much it was going to c~ost the Town of Southold vis a vie this development. It was said that in the past many other developments lead to more expenses. And I don't Think it's fair to say that because many did that everyone will. Nobody, and believe it or nov, when all of th~s discussion, I don't understand if all of you understand, there isn't a member of theis Town Board that has a vote on the development plan p~oposed to the Town Planning Board. We do nov vote on that development plan. So for you people to sit here and constantly say that we are voting for development is wrong, because we have no vote for the development. That is no~ a Town Board function. We have to try very hard To gather information and we have ~o rely in this particular instance on our Planning Board, the Planning Board is the one who negotiates with the developer in terms of what is proposed and what will be allowed~on that island. The zoning laws are in place. The Planning Board administers the zoning laws. The Town Board adopted teh zoning laws and that is the limit of our power. We can change zoning laws. The second thing; for this gentlemen here,--- MRS. PAVNICK: You are opposed to the preservation of Robins Island. COUNCILMAN MURDOCK: We didn't oppose the preservation of Robins Island, we opposed the resolution ~s~it was prepared. We also oppose, I'll speak for myself as an individual, I oppose the fact that there are no dollars and cents figures, there are no realistic proposals. Many people come forth, and many of them are public officials, and they espouse their personal opinion, and if they would say it is their personal opinion and only represent that MAY 6, 1980 I would take no exception to it, but people come forth to espouse their opinion and say that the legislative body or the governmental body that they represent feels the sameway and that has never been ~ fact. I have never had a fact from the legislators, I just read a letter earlier from our legislators, that they were never in favor of this and yet the people are out here representing it. This ms a very difficult situation to put an elected official in. How, in all conscience, can you say to me, at one time I should vote for a resolution or a proposal that is not based onfact, that ~£ anything has an unsubstantiated claims and that because you are:in favor of it, and the next time I do the same thing with something you may be opposed to~ I would then be crucified because I didn't investigate further or I took an unsubstantiated claims. The proposition for a referendum, somebody just said, why don~t you have a referendum. By law, we are elected to legislate by decision we are not allowed to suggest a referendum, that is now a town councilman's prerogative. We cannot do it. We are elected to legislate. We are nov elected that every time an issue comes up to put it Out to a referendum. That is our job, that is what we were elected to do, whether we do it wrong or whether we do it not to everybody's best interest is a problem but we cannot at this level initiate a referendum. We can acquiesce to a referendum, but we cannot initiate it. Again, as we said this morning to Mrs. Wacker, it is not proper for us to do this. MR. REESE: I[ only want tO take a moment. ~e a~e~he~e on behalf, ~ and my neighhb'rs, o~_i~am''one tUide~ ~mmun!~ations. Since it~'s getting late, if you would be kind enough to postpone this un%!l your next meeting we would be in agreement with. that. SUPERVISOR PELL: We are net going -- 1 did tonight -- we had the ordinances coming i.n form the other towns, received them yesterday and today, Riverhead and Southampton and one other town. I referred this tonight to our Beach Committee which is made up of Chairman Councilman Nickles, to review-them along with his committee and have our chief of police and town attorney ma~e re~emmendations back to the Board az the next Beard meeting. MR. REESE: Mr. Nickles, if you need any more information on this, just call ua and we~lt be glad to give it to yeu. COUNCILMAN NICKLES: ~'11 see you after the meeting and you can give me your number. SUPERVISOR PELL: Anybody else want to speak before we adjourn? (no response.) On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at lifO0 P.M. Vote of the Town Board: Ayes.: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Town Clerk