Loading...
HomeMy WebLinkAboutTB-09/22/1981: 33a SOUTHOLE TOWN BO'ARD SEPTEMBER 22, 1981 WORK SESSION (Supervisor Pell, ill,. Councilman Drum.delayed in New London, Justice Doyen off of.Fishers ISland in Connecticut.) (Present: Councilman Murphy, Deputy Supervisor, Councilman Nickles, Councilman Murdo~k; Town Clerk Terry, Town Attorney Tasker Highway Superintendent Dean.) ' 9:30 A.M. - The Councilmen met with insurance'consult'ant WilIiam .Kullen to discuss ~r'oposed insurance Droposal's 'for' 1982 and necessary Coverage for vehicles, sprinkler system at the Town Hall, public official bonds, Fishers Island Ferry District bonds. There will be a meeting at 10:30 A.M. on September 23rd to discuss coverage with interested insurance brokers. 10:00 A.M.-- The Board met with Jarvis Verity and Arthur Tyrrell of the Southold Town Bavmen's Association. The Baymen are requestin~TM that the Town purchase the launching ramp area on Narrow River Road, Orient, presently owned by the H. M. Demarest & Sons, the only public access to Hallock's Bay and has been in use by the baymen for at least 50 years. They were advised that the Town has tried to buy this property in the past and presently has a lease with the Demarests. The Demarests have advised they will sell .the property to the Town if the .County takes the Development Rights on their adjacent property. llr. Verity and Mr. Tyrrell and Mrs. Hataier, :President of the Southoid Town Trustees, s~ggested Placing ~ li~i~i~;ion hard cLa~s taken from Town waters by res'idents. Two proposals were-~su Cmanercial- i boat or vehicle--Little Necks-2 counts, ~ry buSh:els, Chowder-nc.limit. Non-Commercial Resideni ks-1 p~ck,' ~-~ Cher~y:~.Stones-1/2 bushe'l~. Chowders-i/2 is the proposal !.!i the Baymen favor.' Second proposal--Commercial -'~t boat or .veih-$~ete-- Little' Necks-3 counts,. Cherry Stones-3 buShels., Chowder-no limit. ' Non-Commer'cial Resident--I/2 bushel combined. The Baymen also feel residents of-the Town should be required to 0biai~ Non-Commercial .Resident Shellfish/Permits at a'n0minaI'fee. Mr. James ~IcM~hon was alsol present, at this meeting and'concurred with the recommendations .. of the Baymen. . ~ Councilman Murphy discussed the proposed Seed Cl~m Program to be conducted under contract with Paul Flagg.--Counci]man Murdock said he does not feel the present chowder clam program is e~fective; why couldn't the Town use the money from the chowder clam program and that to be expended for the Seed Clam Program and purchase clams with a~ least a two year growth, for planting, citing this as more cost effective program.--Mr. Tyrrell. stated that it is his opin~o~ that the seed clam program would be most effective because it can be monitored, rather 'than just dumping clams into the creeks.--l~'~ Verity said that he feels the chowder clam planting program is also valuable and shonld not be discontinued.--Councilman Murdock said he cannot vote in favor of the Seed Clam Program until he has obtained costs for obtaining larger seed clams. 11:00 A.M. - The Board began reviewing the agenda. Councilman Murphy reported that the following determinations have been made in connection with the Street Lighting Program: 225 sites have been eliminated, 296 existing lights to be changed from 92 watt to 50 watt high power sodium, a~d 150 new locations on street corners, bad curves and dangerous intersections. With respect to requests from Fishers Island for lights at their tennis a~d basketball courts, ..the~e is a possibility of obtain- lng Surptus lights from LILCO at little or no cost. A request will be made to Mr. Wolterding of the DEC, Albany for another.Open Dump Inventory Meeting so the findings can be presented fully to the entire Town Board, Town Attorney and consultants Holzmacher, NcLendon and Murrell, P.C. SEPTEMBER 22 1981 ': Meeting recessed at 12:15 P.M. for lunch. ' .~.During the lunch recess the Town Board, Town-Clerk, Town 'Attorn0y and H~ Superintendent inspected the property of Agnes. Pagnozzi on Jockey Creek Drive, Southold, with relation to her wetland .application. Work Session reconvened at 1:30 P.M. and the'Board continued reviewing the' agenda. * * * - . A r~u~r 'mee.{..i..~g of the Southo'ld TOwn 'BO.~rd was held~on Tuesday, se~temDer 2~, ±9~± at the ~d-~ ~, Main Road, Sbuthold,:- New York. Deputy Supervisor ~urphy opened the me~t-ing at '3:.'O0~-'P.M{~ with the Pledge of.Allegiance to the Flag. Present: Councilman Francis J. Murphy,-Deputy'.Supervisor Councilman John J.- Nickles Councilman Lawrence Murd.ock, Jr. *** Town Clerk Judith T. Terry- Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean' Absent:i Supervisor William R. Pell, III ~ilt) . . Councilman Henry W. Drum (delayed in New- London,~ Conn. Justice Francis T. Doyen (off Fishers Island.in. Connecticut) COUNCILMAN MURPHY: Our Supervisor-Bill Pell. is home in bed sick. He took sick yesterday and then I guess he became very allergic to the medication and so-I think he is going to be out for a:few days. Henry Drum the Councilman is stuck, I guess., over in Connecticut wait- ing for the ferry so we do not have a quorum so we are going to have. to recess this 'meeting and the public hearings. 'I'll~ask the Town Clerk--we can't carry on any business without a quorum. I"ll. as the Town Clerk to read the times tha~ these meetings' will be recessed-to. I'm sorry to inconvenience everyone who came out here today and in particular, people who came for public hearings. But~-we have to have a quorum in order to do this. Judy .... . TOWN CLERK TERRY: The 3:00 P.M. public meeting will be recessed until 6:3.0 P.M. The wetland hearing 'on Agnes Pagnozzi applicaii0n, 'Scheduled for 3:30 P.M. will be recessed until 6:20'P.M. '. The 3:35 public hearing on the amended 1981 Federal Revenue Sharing Budget will be-rec, essed until 7:20 P.M. The 1982 Use of Federal Revenue Sharing Funds hearing scheduled for'3:40 P.M. will be recessed until 7:25 P.M.- COUNCILMAN MURPHY: Thank'you, Judy. That's the'bad news. 'We can't even take input I understand from the Town Attorney so we are going to have to'stand recessed and hopefully.you can come back. and I'm very sorry for the inconvenience. I know.Bill's very upset ' I know Henry will be. more upset when he finds that Bill was very sick, but he had to take .his boy up io school and he plan~ed to be here by 3:00 and I guess.he just got delayed on the ferry. COUNCILMAN MURDOCK: 'We did try to contact Justice Doyen Who would be the sixth voting` member of the Board and he had left town 'already for somewhere in New England and we couldn't reach him either. COUNCILMAN MURPHY: Thought we could fly him in - . COUNCILMAN MURDOCK: If we could have gotten hold of Justice Doyen, although h'e wasn't scheduled to be here today, we could have him to 'fly in and we would have then had four, but he was already out of town when we realized the gravity of our situation'. COUNCILMAN"MURPHY: 'So'this was an easy' meeting. Thank you very much. Not-productive, just easy. * * * COUNCILMAN. MURDOCK: 34O SEP__TEM~R 22, ]_981 3-:31 ~.M. ~ Th~ Board discussed' off agenda COUNCILMAN MURPHY': It is now 3:30 P.M. and we would like to convene the public hearing on the appl'~cation for a wetland permit by Agnes Pagnozzi. There not being a quorum present, this hearing will be - recessed until 6:20 P.M. COUNCILMAN MURPHY: It's now 3:35 P.M. and we would like to convene the hearing on amendment of the current Town Budget relative to the use of Federal Revenue Sharing Funds. This hearing will be recessed, sinne we do not have a quorum present, u~til 7:20 P.M. COUNCILMAN MURPHY: It is now 3:40 P.M. and we would like to convene the publi~ hearing on the proposed use of Federal Revenue Sharing Funds for the fiscal year beginning on January l, 1982 and-recess the hea~ing unbii.~7:25 P.M. as we do not have a quorum present. 6:40'P.M. -'Public Hearing (recessed from 3:30 P.M.) on wetland applica- tion No. 71 by Agnes Pagnozzi. A regular meeting of the Southold Town Board rec'onven'ed.a't ~:55 P.M., having been recessed at 3:00 P.M. due to a lack of a quorum, Present: Councilman Francis J. Murphy, Deputy SUPervisor " Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr'. *** Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Absent: Supervisor William R. Pell, III, (ill) Justic~ Francis T. Doyen COUNCILMAN MURPHY: We'll now move back to our regular meeting and on your agenda are reports. These reports are on file with the Town Clerk for anyone to read them and I will ask the Councilmen now, starting with Larry Murdock if-he has anything to report. COUNCILMAN MURDOCK: Yesterday I attended an ~1'1' ~a'~..'Semi'n'ar on lining and capp'i'ng Of'lan'drills or Closing oT landfi'lls. It was in Hauppauge. It was all day.. I brought back materials' that I am going ~o make a file in the Supervisor's Office so that each of the members of the Town Board can. read the pamphlets. We will in the future have a .complete record of the day's events so that I can review them with the Board. We do have~a serious problem with our landfill and will have to address that Another thing, I would like'to'~'thank our. Sup~'i~e~d~ent· of Highways on behalf of the people in Laurel. I received a couple of phone calls. The Laurel School District is on austerity program with no busing for their children. The parents who called me asked if there was any w~y the Town' could clear the sidewalks along the Main Road from Bray Avenue west to the Laurel School. The Superintendent of Highways put people on _it right away so that the children don't have tO walk out in the highway,, they can stay on the sidewalks. Very-unfortunate parts of~school budgets is when you go on a so-called austerity budge! you are mandated to provide certain services and what you do with that is the ones that impact the children and impact the parents and I would publicly like to thank the Highway Superintendent for' responding so promptly. Thank you, Frank. COUNCILMAN MURPHY: Th~nk you, Larry. Henry? COUNCILMAN MURPHY: John? (nothing). Bill asked me to mention a couple Of things. The meeting with the Railroad--he is having a terrible time contacting the head of the MTA.' There is a possibility of a ~eeting with the .count:y-~.-and' various Town officials on the east end for Thursday with John Behmn. and any other'_county o~ficials. .He's still working on ir'trYing to do this. As far as street lights are concerned. We ha~.the:results of- the survey that went out that Henry DrUm and I and a .man from Ray's department--Ray Dean's department,, who takes care ~of the street lights, made and'it looks like there is approximately 225 street lights thai are really in poor locations and can be removed without hurting anything and where most people wouldn'-t even notice that' they were gone. We have locations on road intersections,[bad: ~urves and all for approximately 150 new lights and under .our' feder.al grant that now Ray Dean is able to apply for we have from.what they call the 92 lights, 92 Watts which is a very inefficient light and very costly to operate and gives very poor light to replace with .50 ~att high ~ressure.sodium whic'h will give us much more-tigh% and much less energy usage. We have approximately 296. Theme is not enough money in that. Federal'Revenue.Fund for this--the full amount, but what we Will do is work in areas and get this started~. Hopefully in two weeks-we'll have a resolution listing all of the poles where- the new lights-will be going and I. would stness tha~ if anybody has any locations we could, check against.our master list to see if this fits in. There is no money in the. Town. we can't really al.ford to put. a light in front of everbody'S house as much as we would like to because of:the cost but what we're trying to do is make it"a-lot 'safer and put lights on very dangerous curves and on.intersections on our primary and secondary roads'and I would like to comment on a.prbgram .that Ray Dea~ started,and is most-effective and if you notice it and-ask'your friends who are drivi.ng at night, is the reflector program. He'S gone into certain areas and done. this and it's most effective. We would 'like to c.ontinue on with this program. We've had some very good result~ with it and then people would realize that if t. here was a light on a corner you'd be able tO/see the sign and that you Would know a corner is approaching or you would realize there is a-dangerous curve on'the road. So this is what we are trying to see come aboui~ Hopefully within two Weeks we'It have it-all wrapped bp. " Fishers Island - concerning lights too, we've had.requests where we think we can get some surplus ~ighis from. the-lighting company to send over there so they can light their tennis courts and baske2ball courts. We spend no money or very little ~oney~on recreation over there on the Island and it really'.isn't fair. This is a big thing for these people and they would like it and we are trying to help them. · That's it. Now, Larry has--- COUNCILMAN MURDOCK: ~'I'd like.to also remind.you of one other thing. What we didn't do when we--before we had the Pledge 'of Allegiance, I think at this time I WOuld move thai we approve the minutes of the meeting of September 8, 1981. COUNCILMAN MURPHY: I'd like a motion to set the' date of the next meeting which will be October 6th at 7:30. On motion of Councilman Nickles, seconded by Councilman Murdock,. i~ was RESOLVED that the next regular meeting of the Southold Town Board will be held 7:30 P.M., Tuesday, October 6, 1981 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. On motion of Councilman Murdock, seconded by Councilman.Nickles, it. was RESOLVED that the minutes of the September 8, 198t Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. 342 SE~TEMB~R;~22, 1981 COUNCILMAN MURPHY: Larry asked me to change the agenda a little bit. He has ~to leave and we would like to go to Hearings and Decisions where it is necessary to vote on and then we will go back to the communications and Public notices and then any inpu~ from the people in the audience. V. RESOLUTIONS On motion of Councilma.n Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application Of' Will'imm Ts'igakos and' P'e't'er Brountzas for a change of' Zone from "A" Residential and Agrlicultural District to "B, Light Business District on certain property on the south side of County Route 48, Greenport, New-York. Vote of the Town Board: Ayes: C°unC~lman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly'a'dopted. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold declares~itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of ~'tho~y 'J.' DeM~Ula and Dorothy J. DeMaula for ~ ~ihange o'f zone from "A" Residential and Agricultural District to "C" Light Industrial District on certain property on the easterly side of North Drive (private road), on Mattituck Creek, Mattituck, New York. Vote of the Town Board: Ayes: Councilman-Murphy, Counoflman Murdock, Councilman Nickles, 'Councilman Drum. This resolution was declared duly adopted. COUNCILMAN MURPHY:- Number 3 is a negative determination 'on the application of Agnes Pagnozzi to attach existing dock to two new wooden spiles. TOWN CLERK TERRY: COUNCILM~N MURDOCK: COUN£ ILMAN MURPHY: COUNCILMAN MURDOCK: I'm wondering if this should be struck. W~ Should--- Drop this now. t think so. COUNCILMAN NICKLES: Why? COUNCILMAN MURDOCK: Because the Town Board doesn't have jurisdiction. This is completely in %he water. We don't have any jurisdiction. COUNCILMAN NICKLES: -Who will be taking lead agency? Trustees? TOWN CLERK TERRY: We 'no longer have a wetland applicat'ion to.act on. COUNCILMAN NICKLES:~ .This has to do with the DEC, not the Town's wetlands~ It says, "Resolved that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review--- This is-under SEQR, right? TOWN CLERK TERRY: Yes, but upon the application of Agnes Pagnozzi for~ wetland ~erm~t. ' ~ " COUNCILMAN NICKLES: Who is going to be lead agency? COUNCILMAN MuRDOCK: It says it's for a wetland permit, John, and a'wetland .permit has .to do with the Town Board and we don't have any jurisdiction becauseit's'not in the wetlands, it's in the waterways. ' COUNCILMAN. NICKLES: I'd like to consult counsel. TOWN ATTORNEY' T~SKER: It-woUld seem that the only connection that the Town will have with this is with the application to the Board of Trustees-for a Trustees' permit to place this structure in Town Waters. In that case i't would'seem that the appropriate agency SEPTEMBER 22~ 1981 343 would be the Town Tru$~ees.~-~ey~i~Tl~be~t~he~.~only agency that is taking jurisdiction, therefore, I should think that they would declare themselves-lead agency in place of the Town. COUNCILMAN MURDOCK: ~It isn't even applicable to have a wetland permit under the circumstances. COUNCILMAN MURPHY: I think it might help Mrs. Pagnozzi if she did gain the lead agency in her dealings with the Trustees. Would it help her? To let the Trustees then make a decision? TOWN ATTORNEY TASKER: I think it would be more appropriate for the Trustees to declare themselves lead agency because they are the Town's agency that is dealing with this matter. The Town Board is not. You have determined that this is beyond your jurisdiction or at least those 'are your comments because this construction is nor in the wetlands. COUNCILMAN MURPHY: we will bow to your good judgment. We'll hold -Number 3. Number 4 is a proclamation on 4-H. Moved by Councilman Murdock, seconded by Councilman Murphy, WHEREAS the 4-H Program of Cooperative Extension since its beginning 60 years ago.has contributed much to the health and welfare of the nation and has encouraged many young people to choose careers which help improve family and community living; and WHEREAS, during this week 4-H members, leaders and families will observe National 4-H Week with the theme: "4-H - Pathways to the Future". WHEREAS, 4-H members put into practice the skills and science they learn as they develop their talents through 4-H projects and strive to "Learn for Living", WHEREAS, in these changing times young people, who are the ciiizens of tomorrow, must discover and icqUire the virtues of responsibility, thoughtfulness, morality and Understanding, WHEREAS, the more than 500 volun'teer adult 4-H leaders are organizing their 4-H Clubs for the 1981-82 year, many others are organizing clubs for the first time; and WHEREAS, the nearly 56,000 boys and girls participating in 4-H programs throughout Suffolk County soon will be taking their places in society by eszablishing homes of their own and joining the ranks of conmmunity leaders, NOW, THEREFORE, WE, the members of the Town Board of the Town of Southotd, in recognition of the fine achievements of 4-H members and their families do hereby proclaim the week of October 4 - lO, 1981 NATIONAL 4-H WEEK. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold appoint Mary Ann Galvin as a School Crossing Guard for the Southold School effective immediately az a salary of $18.00 per day. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. COUNCILMAN MURPHY: Number 6 is another resolution honoring a New York State Policeman who is retiring. He served the last seven summers over on Fishers Island and from all reports over there he's done avery fine job and the people like him. Moved by Councilman Drum, seconded by Councilman Murphy, WHEREAS, Don'a't'd ~. Campbell, a most esteemed member of the New York State' Police is retiring from public service: and WHEREAS, Trooper Campbell has given generously of his time and talents in his faithful service to the people of the Town of Southold on FisherS'Island for the past seven years, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses their mo~t. Sincere app~eciati0n to Trooper Donald D. Campbell for his unselfish and wholehearted cooperation and untiring efforts on 344 .SEPTEMBER 22, 195'1' behalf of the Town of Southold and wish him much- happinsss.,, success and good health in the 'years ahead. - . . .' Vote of the Town Board: Ayes: Councilman Murphy_, Councilman ~ Murdock, Councilman Nickles, Councilman 'Drum. This resolution was declared duly' 'ado.pt'ed COUNCILMAN MURPHY: Number 7 is the approval, of a CSEA contract/ . Judy, in case Bill is still sick should we i'nclude-' Supervisor ' - William Pelt. 'knd/or his Deputy ,to execute the contract~ ' ' TOWN ATTORNEY TASKER:. I don' t think you ha~e' to~ mention.that, - Frank. - - TOWN CLERK'TERRY: 'You 'act in his absence.,-Frank. ' : · COUNCILMAN MURPHY: We've 0omc to an agreement". It Can't be.made public until it is signed by both parties, but it seems to be a very fair agreement with the working personnel in the Town and the 'Town Board is pleased with it and I'm sure the Workers are very- happy-also and it stayed within our 'guidelines and we're very pleased with it. ' - 7. On motion Of Councilman.Murdock, seconded.by Councilman Drum,-it was RESOLVED:'that Supervisor William R. Poll, III.'be..and. he..hereby is author i'zed and d ir ect ed t o' exec:~t'e :t:he' "¢:o'n:t'~'a~'t' :Wft'h. -t'he.-'Civi 1. Service Employe'eS' A'SSo'c'fat:i~o~n', 't'nc. ): Suffolk Chapier'/'Scut'hold' 'ToWn ' Unit, e££ect ire 'January: 'l',' t'98T 't'hm:0~gt~ ]~eC'emb'e:r'.'31',' '1-982. ... Vote of the Town Board: Ayes: .Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly' '~d'op't'ed. 8. On motion of Councilman Nickles, seconded by' coUnc:ilffi~-n 'M~dock, it was RESOLVED that the Town 'Board .of the Town .. of -. Southold~:~grant . ~permission ~o the Sen'i~r .'Ci:t:i-z:e~s CTUb' ~o'£ 'So:ut~hold Tdv~n:s'hfP/ ~ga't~i'it~k:: ~Jni~-. to ..hire one 'bus at a cost of $300-to transport their group to'. ~i-tl'er'i~ge at Jericho, NeTM York on Nov'e'mb'e'r' '4'.,' 19'8-1; and'~ 'on~- bus ~t a cost '- of'. '$550 ($66 'of which is to be paid fr~m.'the Mat~ituck Unit's treasury).~. to transport ~he±r. group-to' L~k'e' Waram'aUg', New preston, Connec.ticut on 'October 18,' 1981. . _ Vote of the Town' Board: Ayes: Councilman 'Murphy, Councilman. .Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopt'ed. COUNCILMAN MURPHY: Number 9 is 'one I' would, like to make. It is concerning the Seed Clam Program'we'd like 'to get ~he Town involved, in. On motion of Councilman Murphy, seconded by'Councilman Drum,'it was RESOLVED that the Town Board of the Town of Southold enter into an ~.gTeement with Paul J. Flagg, Shellfish Consultant for~the institution of a Program 'for 'the Ra'ft' Cut't'ure 'of Seed'Clams in the'Town of Southotd at a'cost of $],200.00 per.year; 50% upon signing the. agreement With Mr. Flagg and 50% upon completion of the program.. COUNCILMAN MURPHY: I'd like to make a couple of cOn~,~ents on it. For this Mr. Flagg will give '~I1 the''sc'ientSf~'c ~Onitor'ing, 'technical consultation. He'll record the growth and survival rate on a monthly basis. He'll make weekly inspections of these rafts and give a report to the Town Board of the results at.the end of the season.. He'll be happy to meet with and show the program and'work with various 4-H' groups, science clubs in the schools and the shop students in helping get this thing started. I think.it is a very good program. 'I .offer that resolution. ~- Vote of the Town Board: Ayes: Councilman Murphy,r---: COUNCILMAN MURDOCK: - No.. As I expressed earlier today in the working session, I am ~'~ '~at:~Sfi'e'd :t'hat't~e TO.W~ ~l' Ue pr'dp'erl'y sp'en'd:ing t'heir' m'o.ney. I made myself a note that since I talked to the Baymen this morning I talked to CoUncilman Murphy and expressed.my feelings that I asked him questions relative to the''~al'u'e o'f ma'yUe''plan'ting larger' clams. I will attempt tO get' kn'~Wers' for my quest'ions, hopefully from Professor Smith at the ~ollege. I Will be prepared to answer at the next meeting. For now I must vote "no" because I do have serious doubts about the cost effectiveness. Whether we cohld Use the-Town's money and provide much more seed clams for the Town[ SEPTEMBER 22, 1981 345 10. ll. Vote of the Town Boar~?? Ayes::'..¥~,~C~:~n,~$~man"~ll~rphy, Councilman Nickles, 'Councilman Drum. No: Councilman Murdock. This resolution was declared 'l'Ost. On motion of Councilman Nickles, seconded by Councilman. Murphy, .it was RESOLVED that the Town Board of the Town of Southold adVance.$6,O00.00 from the General Fund Whole Town Account to the NUtritiOn Pr~gram for a period of 60 days. COUNCILMAN NICKLES: I was out of the room when this was brought up today. This is going to be reimbursed? COUNCILMAN MURPHY: Yes, this is after billing shortfalls and the idea is to set this.-We have to advance .... COUNCILMAN NICKLES: Yes, I think we talked about this at the last meeting. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman.Drum. This resolution was declared duly ~adbp'ted. On motion of Councilman Murdock, seconded by Councilman Dr,'am, it was RESOLVED that the Town Board of the Town of Southold accept a Certified Check in the amount of' $2,250.'00 from Harold Reese. as a bond for completion of Schooner Drive.in Harbor Lights, Section I at Southold, New York, and release Bond No. S-57t120 issued by the Aetna Insurance Company in the name of Harold Reese Sr. and Frederick Reese in the amount Of $25,000.00 for roads and improvements in the remainder of Harbor Lights, Section I, 'Vote Of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman'Nickles, Councilman Drum. This resolution was'declared duly 'adopted. 13. 14. COUNCILMAN MURPHY: Number 12 is a trailer applica'tion '(Philip R. MarCo). Mr,JDrum'wasn't.here ai the working session so maybe after the resolutions maybe I'll fill you in on it. On motion of Councilman Murphy, seconded by Councilman Nicktes, it was RESOLVED that the application of Phil'ip R.' MarCo dated September 18, 1981 for permission to erect a si'ngIe 'fami'ly 'trailer on the south side of Indian Neck. Lane, Peconic, New York be and hereby is granted for a six (6) month period~ COUNCILMAN MURPHY: H~nry, this is on a farm, 135 acres. It's behind their barns. '-Temporarily they ask for a year. It is a minimum of 500 to 600 feet from. the nearest property line. COUNCILMAN MURDOCK: The reason for the confusion, in their applica- tion-they fiIled it out that the trailer was going to be on a one half acre plot. /.guess they thought that they were trying to--- we were trying to ask how much space they would dedicate to it, but it is for a working trailer unit on a much larger parcel. Vote of.the Town Board: Ayes: Councilman Murphy, Councilman Murdoqk, Councilmkn ~ick!es,- Councilman Drum. This resolution was declared dulY '~dopted. On mo~ion Of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED ihat_the.Southold Town Board declare itself Ie~d..agency in regard to the State Environmental Quality.Review Act in the matter of the applicaiion' Of Fra'nkFran~ola''for ~ ~et~lan~d p'e'r~it on certain property located at dredged boat basin off Goose Creek at south side of Glenn ROad, Southold, New York Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock,. Councilman. Nickles, Councilman Drum. This resolution was declared duly ado'pt'e~. On motion of Councilman Murdock, seconded by Councilman Dram, it was RESOLVED that the. Town Board of the.-Town of $outhold appO'int'.'Lydia Tort'ora' Co'-Cha'i~p'eYso~ Of' t'he' Matt'ituC'k 'I~l%t A'd¥i'sorv Commit~ .effective immediately. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. ~i%~s resolution was declared duly a~o~'t~d. 346 SEPTEMBER. 22, 1981 " : -.'- 15. ~oved by Councilman Murdock, seconded'by. Cbuncilman Drum~ ' WHEREAS, on September 22, 1831 a group of people did assemble for the purpose of establishing a church in-the community of Greenport, and WHEREAS, these people did establish the First B~o~is't-Church~'of Greenport and did construct their original Church building in 1833, and WHEREAS, the First Baptist Church.of Greenpor't, under the.'pas!orship' : of Reverend Willis Sceviour, the 36th minister of the.First Baptist Church of Greenport, are celebrating their one hundred and fiftieth anniversary on September 22, 1981, now, therefore,-be it RESOLVED that the Town BOar~ of the Town of S0Uth01d. does hereby extend sincere congratulations and best wishes to the First Baptist Church of Greenport, New York on'the ce'lebration, o'f the tS'0th Vote of the Town Board: Ayes: Councilman MurPhy,- Councilman- ~ '~ Murdock, Councilman Nickles, Councilman Drum. - This resolution was declared duty a'dOpt'ed. COUNCILMAN NICKLcS: I'd like to go back toHe'Sbl'ut'ion' NO'. 3 on Agnes Pa'gnozzi because it would appear from this resolution that we are .lea'd 'a'gency. "Notice is hereby given that the Southold Town Board as lead agency for the action described.below--t'. This is'a - Negative' DeclaratiOn. If-we are already lead agency we are going to have to eope~ with' this whether we want to or not. TOWN CLERK TERRY: For that ac~io~ Which is no longer in effect. You have said that you have no jurisdiction over that. wetland application. You wontt .be giving a permit.. -.- COUNCILMAN NICEI,ES: As lead agency we can't say it has no significant effect? I don't think the Trustees ever take a lead ageuey, TOWN ATTORNEY TASKER: I would imagine tha't they would' or. should if the only application that wo~ld be ~coming before them Would' be an application for a permit that only they Would iss~eJ They would have to, they would he the only ones involved. . ~ COUNCILNAN NICKLES: They would be the only-ones in Town, but ihere. 'are other agencies, the DEC and the'Corps of Army E~gineers. TOWN ATTORNEY TASKER: I would be very surprised if the Trustees never took lead agency in issuing a permit. For instance, I presume that they issue many many stakes, mooring stakes. I' .don"t know whether the DEC gets involved or whether the Cor.ps of' Engineers-gets involved. COUNCILMAN' NICKLES: When I was a Trustee we issued stakes without any other permits. . COUNCILMAN MURDOCK: I think what we probably have to do is go back in our records and find the day that we appointed ourselves a§ lead agency,then have a resolution 'changing that back and taking o~rse'l~es off of this matter. . ' ' ' TOWN ATTORNEY TASKER: All you have to do .if you. do not want to be lead agency, and you have presumably already pas.sed the resolution declaring yourself lead agency, if you do not wish to be lead agency,. you can pass a resolution rescinding that resolution. COUNCILMAN MURDOCK: That is what we will have .to do, COUNCILNAN NICKLES: It seems to me we are taking a taxpayer and sending him from pillar to post and back and forth and around ~nd back. and I would like to know from the Town Clerk who is the .person that processes all t'hese negative declaraiions and. lead agencies. What's the difference if we declare on the~Dagnozzi application no significance tonight?- TOWN CLERK-TERRY: The Town Board declares yourself lead .agency and takes action from that point forward with regard-to any. application that is filed with you. Wetlands and Change of Zones, and for instance the bridges or if someone is doing a sandpit Or whatever. This applica- tion for wetlands you have determined, because you are not going ~o make a decision on it, that you have no jurisdiction, and I am not. SEPTEMBER 22, 1981 ' '~ ' going to-be issuing, a ~rmit, the~~oum power, h~s ceased; You- shouldn't have been ifi~olved in 'th~'~i~S't'pI'a~[ Now, if the applic, a-- tion then is before the Town Trustees it is up to them to become, if they wish to and I' would assume they should, lead agency, take the necessary SEQR steps. I don't see how you can'£o!low this thr.ough-- an application you are ne.longer involved in. COUNCILMAN NICKLES: Then i~ we are going to do as Councilman Murdock suggests, pass a resolution rescinding our lead. agency status'- I would suggest we notify~the Trustees that we ha~e done.so and then ~hey would be the lead agency. COUNCILMAN ~URPHY: Frank, would you like to Say'Someti~g, Frank Cichanowicz? ' "- FRANK CICHANOWICZ,.' Chairman, Southold Town Conservatio~ Advisory Council: We were on the railway thing a month.beCome--the Pa~nOzz~ application. ~As far as what.~s going on there the So~thold Town Conservation Advisory Council agreed to have that-~o ahead. They have a pre-existing dock already in existence now. 'They'-re asking for two more pilings on that dock. They're really not-doing anything. COUNCILMAN MURDOCK: Frank, you weren't here earlier'. The problem is that .the entire siructure, those four pilings and the hoist are in the wa~er and-as such that's bottom land and completely under the . . jurisdiction of the Trustees. It is not wet_land and the Town Board has no jurisdiction.. It is c-ompletely a matter for the Trustees and the Conservatiom Advisory Council but net for the Town Board because it is completely in the water. It is not a wetland, it is a water~ay and that is why we have' no jurisdiction. We're not trying-to pass %he buck, we just don't ha~e any jurisdiction because of the actual -placement of those pilings. . MR. '~ICHANOWICZ: ~t's not reall~ in any Town waterways, it's almost. . COUNCILMAN MURDOCK: 'But it isn't. ~ Will spartina grass grow there? MR. CICHANOWICZ: You are going to be wasting a 'tot of time with that. I wouldn't be too worried about it. Where i~ is is such a marginal land. COUNCILMAN NICKLES: Frank, we understand what you're saying. Our problem is we're not here to discuss the pros and cons of'this application because as Larry indicated it's. not in our-bailiwick.' COUNCILMAN MURPHY:- The only reason I meniion it;- I agree, I think we shoul~:go ahead and have this resolution, j~st reall~ ~t~h~'i<D Mrs. Pagnozzi come to a head with the Trustees. I think-, all we're doing is delaying her and sending her around for-more permits and I'm sure she's fed up to her neck with applicaliOns. And she"paid for this by the way too. Mt~S. PAGNOZZI: I'don't need the Conservation or anything? TOWN ATTORNEY TASKER: The only thing that we are talking about here tonight is whether or not you ne~d a permit under the South01d Town Wetlands Law which is administered by the Town-Board. That's the only thing that we're saying tonight that you do not need. On the hoist that is, because it is not constructed in wetlands. MRS. PAGNOZZI: What's wetlands? TOWN ATTORNEY TASKER: Wetlands is where certain beach grasses grow. That would be on the shore. This is not on the shore, it is out in the water. .. ~S. PAGNOZZI: What's with the rails? COUNCILMAN MURDOCK: The railing does go on the shore. I-'m not even sure if we are prepared to discuss that as yet.' I think Councilman' Nickles had some reservations on that one after visiting the property. COUNCILMAN MURPHY: John, would you like 'to offer the resolution or do you want to leave it in a hold state?' 348 SEPTEMBER 22, 1981 COUNCILMAN NICKLES: Well, you're asking me to offer the'resolution to rescind or off a resolution for a negative declaration? I'd like to do it personally, but if the Town Clerk and the Town Attorney are tell£ng me that it's improper for us to take lead agency--continue our lead agency if we do not have the matter before us anymore--but' then on the other hand really if we do, what's the big deal if: we do(; stay with the lead agency? It's beyond me. COUNCILMAN MURPHY: We're much better on big decisions. COUNCILMAN NICKLES: I'll offer that resolution. V. 3 On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that pursuant to Article 8 of 'the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 6!7, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is. hereby given that the Southotd Town Board, as lead agencY for the action'described below, has determined that the project, which is unlisted, will not have a significant effect on the environment.~ Description of Action: ApplicatiOn 'of Agnes Pagnozzi for a wet'land permit to attach existing dock to two new wood pilings and add two~ additional pilings for a hoist for permanent use at her proper~y located off south side of Jockey Creek Drive, on Jockey Creek, Southold, New York. The project has been determined not to have a %ignificant effect on the.'env~ronment for the following reasons: An environmental assessment has been submitted which fndicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed ~hat there is no'objection nor comments by that agency. Vote o~the Town'Board: Ayes: Councilman Murphy,!councilma~ Murdock, Councilman. Nickles,-Councilman Drum. This resolution was declared duly adopted. On motion Councilman MurdOck, seconded hy Count';iCarUS, Murk% it RESOLVED ~hat this Southold Tow~ Board meeting stand~!~i~ecess~ ~t'7:20 fore,the time .required to h01d th~.'folloWing-:_publiC'~i~ih'~arings~'· : 7:20'P.M. recessed from 3:35 P.M. in the m~tter:of the'amendment of the~curr'en~ Town Budget relative to Federal-ReVe~U~ilSharing Funds. 7:25 P.M~ recessed from 3:~0 P~M. in the ~ltier of the proposed Use of Federal Revenue Sharing Funds for the fiscal ye~ar beginning on January 1~ 1982. 7:.30 P.M. in the matter of the amendment of the current Town Budget relative to Federal Revenue Sharing Funds. 7:35 P.M. in the matter of the proposed use of Federal Revenue Sharing Funds for'the fiscal year beginning on 4anuary 1, 1982. Vote of the Town Board:.-Ayes: ~otkucitman Murphy, Councilman' Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly~adopted. Regular Town Board meeting .rec0nvened at 7:40 P.M. 4. 'Moved by :COuncilman Nickles, seconded by Councilman Murdock, WHEREAS, Agnes Pagnozzi applied to the Southold Town Board for a permit under-the provisions of the Wetland Ordinance of-the Town of Southold, application, dated July 6, 1981, and WHEREAS, said application was referred to the Southold Town Trustees and. Southotd Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 25~h day of August, 1981, at which time all interested persons Were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Agnes Pagnozzi be and she hereby .is granted permission Under the provisions of the Wetland Ordinance of-the Town of Southold to construct 50 feet of marine railway in front of her property located off south side of Jockey Creek Dr~ve, on Jockey Creek, Southold, New York. Vote-of the Town Board: Ayes: Councilman Murphy, Councilman Murd0ck, Councilman Nickles, Councilman Drum. This resolution {Vas declared duly adopted. SEPTEMBER 22, 1981 .349: COUNCILMAN MURPHY: W+~%l move b~[~/~i~t~,~umbe~.:~;tII to Co~mmunications. III. COMMUNICATI'ONS - COUNCILMAN MURPHY: 1. Suffolk County Coordinator replacement .(Edward Lademann); taken off because o£ disability. We assume he will be replaced shortly. '2. Report concerning the water supply and marginal .water districts. We have three in Southold Town and this is concerning . their operation. Basically they are worried about ai least one- man operations. (From Suffolk County Department of Health Serve'c-es.) 3. Letter from a person who signed it "Sincerely yours Fr-om Canada". She'~ quite upset about the ferry service. She enjoyed our town very much on her visit here and 'I think we have one of :the. Councilmen, he could probably add a little'to the fer~y Service and on that subject Bill Pell and myself both were'm~m~ers of th~ ~i- . ~tate Ferry Commission and the study, when it was concluded this spring, recommendad a sum of money be set aside~ The two _governors and the Department of Transportation set aside money ~or-.the put. chase Of new equipment and rented or loaned to the ferry operators at 'Port Jefferson and Orient and to be paid back out. of operating funds. .The program was delayed and it's still being 'delayed; We have contacted Senator Ken LaValle to see if he coul~ get the money released and i.t.'s being delayed because there was a rider in there, a small.amount of- money set aside for study of another site in Shoreham and ~he people in Shoreham were so very much opposed to t~s"that the got to their legislators and had them put the hold on the money so nothing has been able to be done and we've lost another six months. It's a very important means Of transportation for us out here and we are. working to see if we can get this money released so we can get started on these necessary improvements. 4. Request for the use of the Senior Citizen's Center. It was approved. (Chess Club) 5. & 6. Dealing with the raiIroad concerning thei~ plans to discontinue freight service out here. .We seem to be getting no where in dealing with the railroad,'and they seem to be oblivious to the east end of Long Island. I guess they have much bigger and better things to do further to the west. (Sout'hol'd Lumber Co.,' Inc. and Reeve Lumber' ~ Wo'odwork'ing Co., Inc.) 7. Petition requesting srreer lights and I believe we will check these locations thav they mentioned but I believe that all of these locations have been picked up on the survey that Henry Drum and myself made and we are finalizing that now and these lights should be put in because they are all in intersections and in that area there are no lights at all. (Residents of Captain' Kidd Esta't'eS and'Sunset Knolls, Mattituck, Ruth Road, Stanley Road, Daisy Road, Sunset Drive, Dogwood Lane and Sunny Lane.) 8. ,Concerning a bo~t' launching ramp on the Sound. W~.!re~very much aware of it and the need and we're very aware' and the Highway Superintendent is very aware of the problems with it but we will try to work out something. (From P'hil Corrado to Supervisor of the Southold Park District.) 9. Request from the' South'old Sc'hool Di'stric.t tb 'change the Election District 10 where these people vote in the primary or the general election from the school--Pecon'ic' School' 't'o 'the Senior Citizen Center because they need the school and I guess they don't want to Close the school do~-~-on that day for the voting and both major parties, have approved this and so it will be done. 10. From the North Fork Taxpayers Association reques%ing the use of the 'facilities of the Senior Citizen~Youth Center for .Oc~r 22nd to "Meet the Candidates Night". As a public service this-has .been approved and we all will be %here._ II. --PUBLIC NOTICES - COUNCILMAN NICKLES: 1. From the New York District, corps of Engineers, application by Orient By The Se~ Marina for maintenance dredging. Comments may be directed to the Corps of Engineers by October 9th in writing. . 21 Also from the Corps of Engineers an application by David Levitt f~r jetties, bulkhead, piers and dredging with beach-- nourishment, North Dumpling Island, Fishers Island. Comments' by October 9th. 3. Department of the Army, New York District, Corps of Engineers application by Matt A Mar Marina, Inc. for flo~ting dockS. Comments by October 9th. ~ these no~ices are wi;th the T/ow~ Cler~ i~ yo~ ~s~ ~ ~ook over them. 350 SEPTEMBER 22, 1981 COUNCILMAN MURPHY: That now definitely finishes the agenda that we had prepared knd I would like to ask if any of the Councilmen,would like to make any other comments. Larry? (Not at this time, thank you.) Henry? (None.) John? (None.) Frank, none. I would like to open it up to the floor if anyone would like to address the Board, please feel free to do so'at this time. Ruth Oliva. RUTH OLIVA, President, North Fork Environmental Council: Gentlemen 'and Lady of the Southold Town Board and citizens of the Town of Southotd: As a.resolution,~introduced by Mr. Murphy and supported by ~upervisor Pel!, to form a citizens commit'tee to study Southold's waste management was not. acted upon, the North Fork Environmental Council has been instrumental 'in organizaing a committee of seven ~ qualified citizens... These citizens have agreed to work together to help find the answers To important concerns relative to the management of the Town's~solid waste. Tentatively the name Chosen for this group is Southol~d WaSt'e'Stud'y 'comm'fttee. The S~uthold Waste Study Committee wishes to make the expertise and experience of its members available to the Town Board in arriving at viable and acceptzble decisions as how best to handle the wastes Such as are now being deposited at the Town's disposal area in Cutchogue. The New York Department of-Environmental Conservation ha's ordered that ~his disp0sal area-Lot dump--be phased out in approximately three years. The Southold waste Study Committee is already beginning to look into questions which need-study before a decision is made on whether or not to accept the proposal of the Energy Development Corporation, or any other proposal, for receiving and processing our trash and garbage. Some of these questions relate at this time to the Energy Development Corporation and Trofe Roc-a-Jet System which it proposes to operate for the town.. These include: What is ~he financial status of the Energy Develo. .... pment Corporation? Who are' its pr'incipals?' Can the Town be confident~.~that the corporation will-install and'oPerate the system over an exte~'ded-~riod of time - without the Town.~having to assUme such responsibii'~t'i~s itself? What are the record and reputation of the Trofe Corporaiio~ and its principals? ShouKd the Trofe incineration plant be[built upon or near the present dump. How w~ll its heavy use'of-water, affect the --. Town's water table? What effeci will its operatiOn~kve on the environment? To what extent have these questions been investigaged and answered to date? ~ In addition to these questions, there are others,. Such as: To what ex~end have alternatives to the Trofe system bee~ sought and investigated? Could a recycling and resource recovery system serve the Town's needs? What is to be done with the Town's scavenger wastes--the deposits from cesspools and septic tans--which are now deposited at ~he disposal area? Members of the Southold Waste Study Committee are well qualified to help find the answers to these questions. The present members are: Martin Garrell of Mattituck, a physicist who is a college professor who is also involved in a project at Brookhaven National Laboratories. Mr. Garrell has already visited the Trofe plant in New Jersey and has resently attended a special conference on waste management. William G. Albertson of Southold, who is vice-president of the North Fork Bank and Trust Company and manager of the Shelter Island branch. Jean Tiedke of Southold, who has served the Town of Southold in numerous ways, include as the Town's representative in opposition to the proposed LILCO nuclear plant in Jamesport. She is a member of the board of directors and a-past president of the League of Women Voters of Riverhead-Southold. E. L. Midgette of Nassau Point, a retired engineer formerly listed"~ in Who's Who, who served 12 years with the high speed machinery firm'~ of Harris Corporation after a college professional career at John's~2 .... Hopkins University engineering school and as head of the mechanical engineering department at Brooklyn Polytechnic Institute. Thomas TomaszeWski of L~urel, a physics teacher at Mattituck High School and a partner i~ a solar energy company. Gene P. Kinghan of Southold, head of the science department of Shelter Island schools. And Ruth O'l'iva of Orient, president of the North Fork Environmental Council. The members of the Southold Waste Study Committee are ready, willing and able to help the Town Board in this important and urgent matter of waste management. And we hope to work closely and cooper- Ztively with the Town Board in all phases of this study. 8~P-TEMBER 22, 1981 ~ COUNCILMAN MURPHY: Th~nk you very much, Rut~h. -I'.m very muc~h in 351 favor and I think it is a very good start for us and thank you for your interest. COUNCILMAN DRUM: I personally think that is the proper way ~to~ 'do it. I think when a group of citizens have the interest I think'that, ii is their privilege to form a committee and advise us on the Town or any elected official. ' '~ COUNCILMAN MURPHY: I think we're starting well. John,-do you ha~e any comments? (No.) Larry? (No.) Anyone else in the audience like to make. any comments? ~None.) If not, I'would like to apologize again for Such 'a mixed up day 'for all those people who came to the many hearings and many. meetings that we had and-didn't have and thank you for your pati~nce!and~ I entertain - a~.motion to close. On motion of Councilman Murphy, seconded by coUnci'lman~Drum, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 7:55 Vote Of the Town Board: Ayes: Councilman Murphy, Councilman ' ' ' Nurdock, Councilman Nicktes, Councilman Drum. This resolution was declared duly adopted.. Judith T. Terry Town Clerk