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Home My WebLink AboutTB-02/09/1982 .34 SOUTHOLD TOWN BOARD FEBRUARY 9, 1982 FEBRUARY 8, 1982 - WORK SESSION - 3: 00 P.M. Present: Supervisor Pell, Justice Edwards, Councilmen Townsend, Murphy, Murdock, Nickles. Town Clerk Terry, Town Attorney Tasker, Highway Superintendent Dean. Topic of discussion - proposed .Resolution No. 7 on February 9th regular meeting agenda concerning a proposal that Robins- Island be acquired by the County of Suffolk as a limited access nature preserve. Councilman Nickles advised the members present that since the last Town Board meeting on January 19th he had the Town Clerk copy all of the material alluded to at that meeting, i. e. -Town Board minutes over the past two years, correspondence, estuarine sanctuary data, and hopes the Justice Edwards and .. Councilman Townsend have had ample time to study it. --Justice, Edwards said he had read over the material and spoken to inviduals in opposition � to the Save Robins Island Committee ' s proposal, ' and now has a boarder knowledge of the project involved. --Councilman- Murphy said he will sponsor the resolution at the regular meeting. --Supervisor Pell invited the following individuals to address the Board: Harold Carr, Superintendent of the' New Suffolk School District spoke for the district and .himself stating that the purchase of Robins Island by the 'County of Suffolk would cause a substantial increase in New Suffolk School .District taxes. Furthermore, Mr . Carr stated that maintenance of the Island has been highly under- estimated. Mr . Carr feels the matter should come before the voters in the form of a referendum. --Councilman Murdock asked how much New Suffolk pays to the Southold School District and Mr. Carr replied approximately $2800. 00 p.er student; there are about 40 students . Robert Pike, attorney for the Save Robins Island Committee, stressed that the proposed acquisition does not involve Town. tax money. He said the resolution proposed is no different than the one which the Town adopted previously. Douglas Shaw addressed the Board concerning the financial impact` of acquisition by .the County. He estimates that the cost to the average county homeowner would-be $2. 52 based on a $2, 000, 000. 00 purchase price, ' and $2. 68.. 1f the price were $7, 000,000. 00. He estimates that there would be a 15z7o increase in the New Suffolk, School District taxes which he finds is one of the lowest taxed' districts in Southold Town. Henry A. Berger, Deputy Commissioner, Suffolk County Department of Parks, Recreation and Conservation appeared-before the Board to restate County Executive Cohalan's. position favoring the acquisition of Robins Island .and preservation in its natural state as a County Nature Preserve. --Councilman Murdock asked why there is no property in the County Nature -Preserve?--Mr. Berger said no one in the County has ever taken the •initiative .of- making legislation to take -the necessary action. --Councilman Nickles .. asked Mr. Berger why Peconic Dunes is no longer going to be. operated by the County?--Mr . Berger stated that Peconic Dunes has -=- always cost the County money and they are now. proposing to go out FEBRUARY 9 , 1982 35 T. to bid for its operation. He said they are not proposing to operate Robins Island, althoughthey .:Would : if the Town so desired. They just propose to condemn it, purchase it and work out an agree- ment with the Town of Southold for management of it, which he does not feel will cost a lot of money. --Councilman Townsend asked about the historical buildings on the Island , could they be dedicated to the County' s historic trust?--Mr'. Berger said the County would be willing to negotiate that prior to condemnation. Robert Pike, in reply to the question of why money is not in the County Capital Budget, replied that the County won' t put it there until the proposed home rule resolution of the Town Board is adopted. Mike Laspia, Manager of Mashomack Preserve, Shelter . Island said the acquisition of Mashomack by Nature Conservancy received fantastic public approval. There was a 7% tax increase to the taxpayers on Shelter Island, but they were not permitted to enter on this property which had been private and was now open to the public. About 5, 000 people a ,.year visit the 2, 000 acre preserve, with the majority visit- ing the front portion and bona-fide researchers going into the far reaches of the property. He feels Shelter Island benefited financially from the acquisition of Mashomack by Nature Conservancy. His base annual operating budget is $55 , 000. 00 for the site. This year it was $138, 000. 00 because of building repair and building a parking lot . They are planning to institute a small user fee of 50¢ to $1. 00. --Councilman Murdock asked about vandalism or fire. --Mr. Laspia said *the threat of vandalism is minor. For fire protection he purchased a used fire truck from the Shelter Island Fire District. He has a speedboat which he uses in the summertime and a 4-wheel drive vehicle. Martha J. Paul was asked by Councilman Nickles. the total amount of funds they have committed from various foundations and individuals toward the purchase of Robins Island. Mrs . Paul replied that they didn't try to raise funds. Until they enter into an option agree- ment with the owners and know the amount to be raised, they could not approach the various foundations. The Save Robins Island Committee wrote to the owners offering to purchase the Island, but has not received a reply. She is under the distinct impression that Robins Island is not for sale, particularly to the S.R. I .C.-- Councilman Nickles said that from what he was told about the letter, it was couched in such terms as to elicit such ' a response. Scott Sutcliffe, Director of The Nature Conservancy, Long Island Chapter, said he has worked closely with the S.R. I :C. and there is . a tremendous amount of wildlife on the Island. In his opinion it can be managed for people and for wildlife. . . Councilman Nickles stated that the Town Board should stand on its last resolution, preservation through private funding. He is not satisfied with County acquisition. He is not fully satisfied all avenues have been exhausted by the S.R. I .C. for acquiring funding. Terry Schreiner, Manager of the Morton National Wildlife Refuge, - Jessup Neck said approximately 22, 000 people visited .the 187 acre refuse last year. These visitors posed no threat to. the wildlife since barriers were erected in the critical areas.. W. S. Gardiner, Cutchogue , stated that he favors preservation and would pledge $500. 00 toward. the purchase of Robins Island with private funds. He opposes County acquisition which he doubts .will ,actually happen. He thinks the Island will be ultimately sold for $10, 000, 000. 00 and doubts countywide taxpayers will want to expend those funds. Frank Bear, Southold, briefly stated the urgency of adopting the proposed resolution so the matter can be put before the county and negotiated. He strongly favors local .control, Virginia Moore, Southold, thanked the: Board for their forward looking approach. 5: 00 P.M. - Sybil Mizzi, Paul Fink and Ernest. Pontez of Pan Tech Management met with the Board to discuss the Housing Rehabilitation Program, 7th, 8th and 9th Street neighborhood - $40, 000. 00 , Community 36 FEBRUARY 9 , 1982 Development Funds budget . --Mrs. Mizzi announced to the Board that. the Town will receive $239, 000. 0.0 under, the Year VIII Community... Development Program. As part of the process they would like to:, set a public hearing within the next sixt weeks to get public input. Supervisor Pell set 7: 30 P .M. , Tuesday, March 9, ` ,1982 for this= hearing. The Town Board meeting will start at 7 : 45 that evening. With reference to the Housing Rehabilitation Program, the Town Board made the following- decisions: • (1) Income limits would be ,based, on the 1980 income levels. ' (2)" Only -property owners .would be .eligible for loans. (3) The types of financial. assistance; would be: (a) five year deferred loans in the amount of $5, 000'..00. (b) $7, 500. 00. guaranteed . loans. The Board will not approve grants.. There will be no special provision for handicap projects; and federal government minimum standards will be adhered to as far as housing quality standards.. Work session adjourned at 6: 00 P.M. WORK SESSION - FEBRUARY 9, 1982 9: 00 A.M. - The Board audited the outstanding bills for January. 9:45 A .M. - Met with Chief Winters to discuss the police o.ar bids . Supervisor Pell recommended purchasing six cars this year and only five next year. The Councilmen agreed. --Chief Winters discussed cases recently solved` by the Detective Squad. --The Board decided to go to bid for 115HP outboard motors and 150HP outboard motors for the Privateer and made a decision after the bids .are opened. -- Justice Edwards discussed the communications system of the constables on Fishers Island with. Chief Winters. Chief Winters .has an extra radio that" he can spare for -use. on Fishers Island. 10: 15- A..M. - The Board began reviewing the agenda. 'When Communication III-4' was discussed, proposal by Henry. Raynor, Chairman of the Planning Board, to update the Master Plan., Shirley Bachrach of the League of Women Voters and Ruth Oliva of the North Fork Environmental Council voiced their support of Mr. Raynor' s proposal.. Discussion concerning the bids for "gasoline and dd' 'sel fuel. The Board considered" discarding the bids and rebidding. Councilman Murphy said he will talk to Northville Industries to find out whether they will sell to. some of the local §mall dealers and perhaps .go to bid on that basis.. Application of-E. M. Kontokosta for Jem Realty Co. .for a soil removal- permit was discussed. Board is-unwilling to waive the provisions asked for by Mr. .Kontokosta. Set a h.earing .for March 9th at 3`. 00 P.M., Recess for lunch at 12: 10 P.M. Work session reconvened at 1: 45 P.M. Board resumed reviewing the agenda. 2: 30 P.M. Trustees Paul Stoutenburgh, President, and Frank Kujawski met with the Board to discuss their request to attend 'the Association of Towns in New York City on February 14, 15, 16 and 17. They have found several items .on the agenda of interest to them and since the are interested in expanding their knowledge so they can better hand. the problems of the Town waters, they feel these seminars will be of benefit to them. When questioned by Councilmen Nickles and Murdock . about their budget allocations,, they assured the Board there would- be sufficient funds remaining in their budget to operate :with for the remainder of the year if 'their allocations of $2.50. 00 each for attending the Association of Towns is used. A resolution. will be on the regular meeting. agenda permitting them to go. Highway Superintendent Dean advised the Board that he is running out of fill at the Disposal Area. He advises purchase of additional land. Mr. Dean was asked to come back to the Board with a recommenda- tion on which parcel of property would be best suited for his needs . FEBRUARY' 9 , 1982 37 Work session adjourned at 3 20. P M REGULAR MEETING A regular meeting of the Southold Town Board was held at 7: 30 P.M. , Tuesday, February 9, 1982 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting with the Pledge of Allegiance to the Flag. Present : Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, .Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED- that the following audited bills be and hereby are approved _ for payment :. General Fund Whole Town bills in the amount of $43, 354. 05; General Fund Part Town bills in the amount of $16, 326. 33; Highway Department bills in the amount of $10, 593. 01; Fishers Island Ferry District bills in the amount of $20, 822. 54; Fishers Island Capital Project bills in the. amount of $2700. 00; Federal ;Revenue Sharing bills in the amount of $1, 186.00; Delinquency Diversion and Prevention Program bills in the amount of $360. 61. . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Coucilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that .the minutes of the regular meeting of the Southold Town Board held on January 19, 1982, and the minutes of . the special meeting of the Southold Town Board held on February 2, 1982 be and herebyare approved. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next regular meeting of the Southold Town Board will' be held at 3: 00 P.M. , Tuesday, February 23, 1982 at. the Southold Town Hall, Main Road, Southold,- New York. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy,' Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. I . REPORTS SUPERVISOR PELL: These reports are placed on file with the Town Clerk if anybody wishes to review them they can do so at the Town Clerk' s Office.. 1. Building Department' s annual (1981) report. I would comment on that. There were 111 new homes constructed 1981. 26 more than in the year 1980. The total estimated construction cost of all buildings in Southold Town for 1981 was. $8, 977, 745. 00-- new construction permits given out by our Building Department last 2. Supervisor ' s annual (1981) report. 3. Supervisor' s monthly (January 1982) report. 4. Town' Clerk' s monthly (January 1982) report. 38 FEBRUARY 9, 1982 5. Town Trustee' s monthly (January 1982) report. 6. Highway Department ' s monthly (January 1982) report.. 7. Fishers Island Ferry District 's- monthly (January 1982) report. 8. Building Department ' s monthly (January 1982 ) report. 9. Board of Assessor' s monthly (January 1982) report. 10'. Police Department ' s' monthly (January 1982) report. All these reports are placed on file with the Town Clerk and can be reviewed in detail at her office. 11. " Councilmen' s reports. Any Councilman wish- to report? Mr. Townsend. COUNCILMAN TOWNSEND: All I have to report is I am a new Councilman on the Board and I find myself on the Highway Committee so I got an" extensive and gracious tour by Ray Dean of the facilities of the Highway Department and was most impressed at the way the department is run. SUPERVISOR PELL: Councilman Murdock, anything? (Not at this time, thank you, Bill. ) Councilman Nickles? (Not now. ) Councilman Murphy? (No. ) Justice Edwards? (No. ) The Supervisor would like to comment and make an appointment at this time. Councilman Townsend will serve on the Building, Zoning, Planning and. Code Enforcement Town Board Committee for 1982. He will serve with Councilman Murdock who chairs that committee. . Also, one other thing I would like to bring up and just follow' through with what Joe said, . in the last snow storms we have had out here, many people come in the Town Hall saying they visited the west" end of Long Island,. other townships and when they got back• to Southold Town our roads, our secondary roads, our Town roads, were in the best shape of any in the County. Mr. Townsend brought out a very good point. We have a dedicated highway crew and Mr. Dean has a superb record of keeping the roads clean and we`-.`are ..very, ~proud. He does a fantastic job. If you read the press when it comes out" this week you will find out Police Department again" has been doing a superb job. They have picked up a couple of drug arrests the other night. The fire arson was picked up last night. Our police force is working. Our Detecti Squad deserves a lot of credit for their dedication and I cannot commend our Chief Winters enough. II . PUBLIC NOTICES COUNCILMAN MURPHY: 1. Application of Neil Simon, 5 Lucille Lane, Old Bethpage for a timber bulkhead and backfill , Shelter Island Sound, Town of Southold, Suffolk County--Corps of Army Engineers notice. Any criticisms or protests should be prepared in writing and. mailed to the Corps of Engineers prior to 2.6 February 1982. The" application is at Dug Lagoon, off Southold Bay, Shelter Island Sound and it concerns approximately 475 yards of clean fill will be used in the backfilling of this bulkhead. All of these public notices are posted on the Town Clerk' s Bulletin Board. 2. Application of Walter Silbernagel of 164 N. Murray Avenue, Ridgewood, New Jersey to the Corps of Engineers for a catwalk, ramp and float on Broadwater Cove, Great Peconic Bay, Town of Southold. Any criticisms or protests in writing to the Corps of Engineers prior to 28 February 1982. This is for a mooring of a private boat in Broadwater Cove. Again, " this is- posted. 3. Application of William LaMorte, North Bayview Road, Southold to the Corps of Engineers for digging upland disposal and ten year maintenance on" the waterway of" Shelter Island Sound, Southold Bay, Jockey Creek, Bayview Road, Southold Any criticisms or comments on this by 2 March of 1982 sent to the Corps of Engineer l., This is in Jockey Creek. 4. Application of Strong' s Marine Center, Main Road; Mattituck to the Corps of Engineers to maintenance dredge- and bulkhead with backfill in James Creek, .Great .Peconic Bay, Southold Town. Criticisms " or protests by 2 March 1982 to the Corps of Engineers. They' re dredging approximately 350 cubic yards of material. Again., this is posted in the Town Clerk' s Office . 5 ." Application of Wunneweta Lagoon Association, c/o George Burrell, Nassau Point Road, Cutchogue for dredging with beach nourishment and ten year maintenance, .Great.- Peconic Bay, Wunnewe.ta Lagoon, Nassau Point, Cutchogue. Comments to the Corps of Engineers by March 2nd. This Lagoon is proposed to be dredged to a depth of four feet below the mean low water. Again, this is posted on the Town Clerk' s Bulletin Board'. FEBRUARY' 9 , 1982 39 6. Notice of,},.a. Complete„a.App . ,cation: of 'Anna -Zanghetti by Mario Zanbhetti , Fishers Island. Comments no later than February 24th to the New York State D.E.C. in Stony Brook. SUPERVISOR PELL: Thank you very much. As Councilman Murphy said these are on file with the Town Clerk if anyone cares to review them. III . COMMUNICATIONS SUPERVISOR PELL: The following communications have come in. 1.. Resource Recovery Report that is put out. The Town will be applying for it to keep us up to date on what is. going on around the country. 2. United States Department of the Interior letter and contains information on the coastal barrier. There is a piece of land on Fishers Island that will be ' in this. Justice Edwards will go over it . Comments are due by March 15th. He will report back to the Board on the 23rd on anything he wishes to say. 3. Letter from New Suffolk School .Board of Trustees signed by Mr. Andrew E. Goodale and Mel Barisic in reference to Robins Island. 1. 4. Letter from Henry Raynor, Chairman of the Planning Board. He has sent a. two page letter to the Town Board. Basically he. recommends that the Town set money aside for the study of updating and putting into effect a Southold Town Master Plan and he ask . for a Councilman to serve on the committee to help with this project. As I said, there is a request for money to do this. The Board has not ruled on it at this time. 5 . Letter from the Mattituck-Cutchogue School District thank- ing the Town Board and all concerned in the way the tax money was- given out to them this year and also under a new state law it says any interest earned by the Town on their money should be returned to the school district . 6. Request from the Baymen ' s Association, Southold Town, in reference to a development that might take place in Arshamomaque area opposite Southold Town Beach. 7. Letter from the Southold Town Board of Trustees recommending that a $3. 00 family resident non-commercial permit .be established for the residents of Southold Town to dig clams. It will be put back on the agenda in March, the Board wants to review it and take time to study all aspects of it. 8. - An invitation from the Suffolk County School Executives Association to sit down and work out with them the cash flow of tax money due the school districts. I guess I will have to go to this meeting in the near future when it is called. We do collect the money for the schools and distribute it to the schools, approx- imately $11, 000, 000. 00 we distribute throughout the Town. 9. Letter from Fishers Island School District , Superintendent Haase, again saying as Mattituck did, if any interest earned under the new state law that was just passed, belongs to their . school district and we will- receive a few more of these I think in the near future. 10. , Letter from the Zoning Board of Appeals asking the Board to consider giving them a private office somewhere in Town Hall for their staff to work in. Now they are an office with the Building Department . It will be taken under advisement. IV. HEARINGS SUPERVISOR PELL: There are no hearings tonight so we move along to resolutions. V. RESOLUTIONS 1. Moved -by Councilman Murdock, seconded by Justice- Edwards, WHEREAS, Enconsultants, Inc. on behalf of Strong' s Marine Center applied to the Southold Town Board for a permit .under the provisions, of the Wetland Ordinance of the Town of Southold; application dated October 27, 1981, and . WHEREAS , said. application was referred- to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS , a public hearing was held by the Town Board with respect to said application on the 19th .day of January, 1982, at which time all 40,...: FEBRUARY 9 , 1982 .r . interested persons were given, an opportunity to be heard, now, there- fore , be it RESOLVED that Enconsultants, Inc. on behalf of .Strong' s Marine Center be and hereby is granted permission under the provisions. of the Wetland Ordinance of the Town of Southold to construct a 190 ft. section of bulkhead in line with and connected. to partially completed existing bulkhead and backfill with approximately 40 cubic yards of clean fill to be trucked in from upland source.. This bulkhead will be in inner portion of marina. Construct a maximum of. 8O ft-. of timber bulkhead to connect to existing bulkhead at outer portion of marina to control scouring of backfill from existing bulkhead. Property located on James Creek, off Camp Mineola Road, Mattituck, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsen Councilman Murphy, Councilman Murdock, Councilman ' Nickles, Supervises... Pell. This resolution was declared duly ADOPTED.. 2. Moved _.by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, Enconsultants; Inc. on behalf of Sal McCarthy applied to the Southold Town Board for a permit under the provisions of the Wetland.- Ordinance of the .Town of Southold, application dated November 4, 1981, and WHEREAS, _ said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 19th day of January 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Enconsultants, Inc. on behalf of 'Sal" McCarthy be and hereby is granted permission' under the' provisions.:'of the Wetland. Ordinance of the Town of Southold to" construct `a :48 ft . by 4 ft. fixed elevated (3 ft . above grade) catwalk, 16" ft. by 4 ft . hinged . ramp., and 6 ft . by 40 ft. floating dock secured .by 2 piles at. 40 Fox Hollow. Road, on Mattituck Creek, Mattituck, New York. Vote of; the Town Board : Ayes : - Justice- Edwards ; Councilman Townsenc' Councilman Murphy, Councilman Murdock, Councilman,. Nickles , Supervise Pell. This resolution was declared duly ADOPTED. 3. Moved by Justice Edwards, seconded by Councilman Murphy, WHEREAS, Stephen Shilowitz, by application dated October 29, 1081 petitioned the Town Board of the Town of :Sbuthold for a change of zone on certain property situated at Greenport, New York, from '"C" Light Industrial - District to "M" Light Multiple Residence District, and . . WHEREAS , the said petition was referred to the Southold Town Planning Board and the Suffolk County Department of Planning for official recommendation and report , and WHEREAS, the Town Board, pursuant to due notice, held a public hearing thereon on the 5th day of January, 1982, at 8: 00 P.M. , at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that Stephen Shilowitz be and hereby is granted the relief demanded in said petition on the following described plot, piece or parcel of land, 'situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York: BEGINNING at a point on the ordinary high water mark of Pipes Cove distant on a course. North 46 degrees 30 minutes 00 seconds West 355. 53 feet to the southwesterly. corner of land now or formerly of Harvey (said point being the :southerly point of upland conveyed by the J & J W. Elsworth Company to Franklin C. Ashby by a. deed dated 1/3/56, recorded 1/9/5.6 in Suffolk County ,Clerk' s Office in Liber 4051, cp- 255) ; running. thence- along land of "Community Beach" North 47 degrees 13 minutes 20 seconds East 130.,38 feet to land now 'or formerly of Braun; thence along said last mentioned land South 82 degrees 41 minutes 20 seconds East to a point marking. the northwesterly corner of lands of Village of Greenport; thence along the westerly line of lands of Village of Greenport, South 6 degrees 58 minutes 35 seconds West 176. 72 feet to a point at the southwesterly.- corner of the lands of Village of Greenport; thence along the southerly line of lands of Village of - Greenport, South 37 degrees 35 minutes 40 seconds East 187. 59 feet to the northwesterly line of. land now FEBRUARY 9 , 1982 41 or formerly of Harvey; thence. along the northwesterly line of said land now or formerly of Harveyry; ;;S.out h.,29;,.,degrees 5, minutes 40 seconds West 0. 30;"feet to the ordinary high water mark of Pipes Cove; thence along the ordinary high water mark of Pipes Cove in a general northwesterly direction. to the point or place of BEGINNING, the last course being described by a tie only as North 46 degrees 30 minutes 00 seconds West 355. 53 feet to the point or: place of' BEGINNING. Shown on Suffolk County Tax Map No.. 1001-007- 1-16 & 1000-049-1-2.0, 25 & p/o 19. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. Abstain : Supervisor Pell. This resolution was declared duly ADOPTED. 4. On motion of Councilman Murphy, seconded by Supervisor Pell, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute an agreement between the Town of Southold and Compu-Pressure of New York, Inc. for the lease of one Vita-Stat Automatic Blood-Pressure Computer for a term of one year from the 1st day of February, 1982 through the 31st day of January, 1983, 'at the sum of $250. 00 per. month. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN MURPHY: I' d like to ask John to make a comment on this at this time to the people, on the number of people -that have used this in the Town Hall. It ' s a blood pressure machine right over here on the sideand it ' s been doing a fantastic job. COUNCILMAN NICKLES : Well, we installed `this machine a year ago, February 1st, 1981 and last week we read the machine and we had 13, 000 blood pressure screenings in one year. I don' t know what that divides out to the cost of $3, 000. 00 or so for the year, but it ' s down to pennies and we hope that people are getting -use out of it and obviously after the- first year it appears that certainly 13, 000 screenings is 'a substantial number of blood pressure read- ings . You should all go over and have your blood pressure checked after the meeting.. SUPERVISOR PELL: Number 5 and Number 6 the Board is going to table at this time. We are not ready to award the bid. It will be put back on the agenda for the next Town Board meeting on the 23rd. (Award bids for gasoline and diesel fuel for the calendar year 1982. ) SUPERVISOR PELL: Number 7. JUSTICE EDWARDS: Mr. Supervisor, I would like to put this Number 7 at the end of the agenda in order that we can get the rest of these done. Number 7 is going to be long and I ' d like to make that suggestion. (Number 7 - resolution concerning Robins Island. ) SUPERVISOR PELL: Gentlemen of the Board, how do you feel? COUNCILMAN NICKLES: It ' s all right with me. It all depends whether you are going to allow public comment at this time or at the end of the meeting. SUPERVISOR PELL: Lay it aside, do it at the end. Number 8. 8. On motion of Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold register their objection with the Suffolk County Legislature to the adoption of Resolution 1127-82 calling for the amendment of the Suffolk County 1982 .Capital Budget and Program for the expenditure of $50, 000. 00 for Project No. 6414 - surveying-- and mapping of lands underwater of Gardiners and Peconic Bays.. Vote of the Town Board: Ayes: Justice Edward, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 9'. On motion of Councilman Townsend, seconded by Councilman Murdock, it wa: RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6NYCRR Part 617, ', Section 617. 10 and Chapter 44 of the Code of the Town of Southold, . 42 FEBRUARY 9 , 1982 notice is hereby given that the Southold 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 Enconsultants, Inc. for Matt-a-Mary Marina for a wetland permit . Approval is requested. for a 35 ft. by 5 ft. section of floating dock plus mooring pile extending from the southwest corner of property located off west side of Wickham Avenue at Mattituck Creek, Mattituck, New York. The project has been determined not to have, a significant. effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as. planned. Because there has been 'no response in the allotted time from the New York State Department of Environmental Conservation, it is assued that there is no objection nor comments by that agency. Vote of the Town Board: ' Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 10. On motion of Councilman Nickles, seconded by Councilman 'Murphy, it was' RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44. of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect on the environment. Description of Action: Application . of Enconsultants, Inc. on behalf of Strong 's Marine Center for- a,.-Wetland Permit to maintenance dredge two contiguous rectangular areas 70 ft . by 20 ft. and 200 ft. by 20 ft. to a depth of 4 ft . below MLW. .. - Approximately 350 cu. yd—will be removed and placed on adjacent upland where it will be prevented from reentering the waterway. Location of property: south of Camp Mineola Road, on James Creek,, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no- response in the allotted time from the New .York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Vote .of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 11. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has. determined that the project , which is unlisted, will not have a significant effect on the environment. Description of Action: Application of Enconsultants, Inc.. on behalf of Walter Silbernagel for a wetland permit to construct a timber dock, elevated catwalk, hinged ramp and. floating dock secured by two pilings at Broadwaters Road, on Broadwaters Cove, Nassau Point, Cutchogue, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment. has been -submitted which' indicated that no significant adverse effect to the environment are likely to occur should the project be, implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental. Conservation, it is assued that there is no objection nor comments by that agency. Vote of- the Town Board: Ayes: ' Justice Edwards, Councilman . . Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. FEBRUARY 9 , 1982 43 12. On motion of Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests the enactment of Senate bill No. 5920, entitled, "AN ACT in relation- to authorizing the governing body of the Town of Southold to make certain permanent appointments for the position of police officer" , and be it further ` RESOLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessary are as follows: The Town of Southold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 13. On motion of Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that pursuant to Article IX. of the Constitution, the Town Board of the Town of Southold requests the enactment of Assembly • bill No. 2388 entitled., "AN ACT in relation to authorizing the governing body of the Town of Southold'- to make certain permanent appointments for the position of police officer", and be it further RESOLVED that it is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The Town of Southold does not have the power to enact such legislation by local law. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor. Pell. This resolution was declared duly ADOPTED. 14. On motion of Councilman Townsend, seconded by Councilman Murdock, it waE RESOLVED that the Town Board�•of the Town of Southold will hold a public hearing at the Southold Town Hall, Main Road, Southold, New York on the 23rd day of February, 1982 at 3: 30 P.,M. , at which time and place all interested persons will be given an opportunity to be heard upon the following matter : "A Local Law to amend the Housing Code of the Town of Southold (Chapter 52) in relation to Portable Kerosene Heaters" , which reads as follows: LOCAL LAW NO. 1, 1982 A Local Law to amend the Housing Code of the Town of Southold (Chapter 52) in relation to Portable Kerosene Heaters. BE IT ENACTED by the Town Board of the Town of Southold, as follows : . Chapter 52 of the Code of the Town of Southold is hereby amended as follows: 1. By amending Section 52-53 (Heating) by adding thereto a new subdivision- J, to read as follows : J. Approved Portable Kerosene Heaters. Notwith- standing any other provision of this Chapter, approved portable kerosene heaters, as defined in Article 7-A of the Real Property Law, are permitted provided that such heaters comply with the provisions of such law. 2. This Local Law shall take effect immediately. Vote of the. Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles , Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN MURDOCK: This Local Law that we' re trying to establish has to do with the operation of the. commonly .known Kerosun Heaters. Probably every other person in the Town of Southold now uses a Kerosun Heater or some similar make to augment their heating bills and I would respectfully submit that as much comment as the public can put to this- Board in relationship to ' how they would like to see this issued addressed in the Town should be done and as many people as could come to this hearing to express their opinion I' think would be a big help. 15. On motion of Councilman Murphy, seconded by Justice Edwards, it was .RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for the purchase of two (2) 1982 150HP outboard motors OR two (2) 1982 115HP outboard motors for the Privateer Police Boat, with trade-in of two (2) 1979 85HP Johnson outboard motors, as per specifications. Vote of the Town Board: Ayes: Justice Edwards, Councilman 44 FEBRUARY 9, 1982 Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 16. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Southold Town Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Joseph Cavalier for a wetland permit on certain property located at Mattituck Creek; Mattituck, New York. Vote of the Town Board : Ayes : Justice. Edwards ,. Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 17. Moved by Justice Edwards, seconded by Councilman Nickles, WHEREAS, Burton Potter Post #185, Greenport American Legion, Greenport, New York, has applied to the Town Clerk for a Bingo License, and WHEREAS, the Town Board has examined the application and after investigation, duly made findings and determinations as , required by law, now, therefore, be it RESOLVED that the- Supervisor- be -.and he hereby is authorized and directed to execute on behalf of the Town Board of the Town of Southold the findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby' is directed to issue a Bingo License to Burton Potter Post #185, Greenport. American Legion, Greenport , New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED,: . . 18. On motion of Councilman Murdock, seconded by Councilman Townsend, it wa: RESOLVED that the' applicati.on of Zdzislaw Mikolajczyk, dated January, 15, 1982, for. permission to maintain a single family trailer on his property located on the south side of private road, off east side Main Road, Mattituck, New York, be a:nd hereby is. renewed for a six (6) month period. . Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, ' Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 19. On motion of Councilman Murphy, seconded -by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3: 00 P. M. ,, Tuesday, March 9, 1982, Southold Town Hall, Main Road, Southold, New York as time and place for. hearing upon application of "E. M. Kontokosta, for Jem Realty Co. for a Soil Removal Permit on property located on the .north side of . Route 25, Greenport, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles,. Supervisor Pell. This resolution was declared duly ADOPTED. 20. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, the Town Board of the Town of Southold by resolution dated October 6, 1981 advertised for bids for furnishing and delivering luminaire type outdoor lighting fixtures to the Town of Southold, and WHEREAS, bids for aforesaid lighting fixtures were received and opened on October 16, 1981 from : Suffolk Lighting Supply, Inc. and Babylon Electrical Supply Co. Inc. , .and WHEREAS, on March 22, 1977 the. Southold Town Board adopted a resolution standardizing the streetlighting fixtures for the Town of Southold by. the purchase of General Electric Company streetlighting fixtures, now, therefore, be, it RESOLVED that the bids of Suffolk Lighting Supply, Inc . and Babylon Electrical Supply Co.,, Inc. for furnishing and- d_el'iver_-_ ing luminaire type outdoor lighting fixtures to the Town of Southold be and hereby are rejected. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend; Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution -was declared duly ADOPTED. FEBRUARY 9 , 1982 45 COUNCILMAN TOWNSEND: Bill, you might mention what standardization is and why this is necessary to reject the bids. SUPERVISOR PELL: Councilman Murphy this is your committee,. go to i t. r COUNCILMAN MURPHY: Okay, the reason behind this is back in 1977 former Supervisor and Councilman Jim Homan did a tremendous amount of research and the Town Board at that time decided to standardize, that is, use. one -fixture for all the streetlights in the Town. Basically making it easy maintenance and purchasing replacements. This bid went out a '.an or equal and. the or equal wasn' t up to the standards for the specifications that the Town Board felt after examining the different types of lights that it wasn' t worthwhile to change the 1,77 resolution and abandon the standardization. We felt we could do much better by being standardized. We feel that . the light fixture is much better, mainly the construction of it, the sealing to keep the dust and birds out which has quite an effect on it and causes. quite a loss of light, plus the life of the lamp. . A lot of times when you standardize you take .a chance of having bids come in that are exceptionally high. If they do come in that way the Board still has the right to reject and then go back to taking other companies light fixtures, where at the present time after examining the lights and talking to various people and factory reps we decided to stay with standardization ' in the Town that was established back in 1977. This why we' re doing this. The next resolution is to go to bid again. 21.. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Holzmacher, McLendon and Murrell, P.C. to prepare specifications and authorizes the Town Clerk to advertise for bids for furnishing and delivering General Electric Company streetlighting fixtures to the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman . Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN MURPHY: These specifications are prepared already. We should be ready to go in the spring. 22. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold appoint Albert Dawson, Fishers Island, New York, as Assistant Inspector -under the Fire Prevention Code, effective February 10, 1982 through September 9, 1982. Vote of the Town Board: Ayes: Justice Edwards, Councilman . Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 23. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold grants Frank J. McBrid-e a renewal permit for location of a single family trailer for one farm laborer on his property located . on the north side of Oregon Road, Cutchogue., New York, for a_ six month period.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 24. Moved by Councilman Nickles, seconded by- Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Southold Town Trustees Paul Stoutenburgh and Frank Kujawski to attend the annual meeting of the, Associatio,n. of Towns to be held in New York City on February 14, 15, 15, 17,. 1982. Vote of the Town Board: Ayes: Justice Edwards, . Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 46 FEBRUARY 9 , 1982 25. Moved by Councilman Townsend, seconded by Justice Edwards, it was RESOLVED that pursuant to Article 8 of the Environmental Conserva- tion Law State Environmental Duality Review and 6NYCRR Part 617, . Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted, will not have a significant effect - on the environment . Description of Action: Application of Cheryl Pagnozzi for a- , wetland permit . Approval is requested for a 20 ft. by 5-ft. float, 15 ft . by 3 ft . ramp, 20 ft. by 5 ft. catwalk and 4 mooring piles at property located on Jockey Creek, off south side Jockey Creek Drive, Southold, New York. . The project has been determined not to have a significiant effect on the environment for the following reasons: ' An environmental assessment has been .submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that. agency. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. . 26. Moved by Supervisor Pell, seconded by Councilman Nickles , WHEREAS, the present contract between the Town and Civil Service Employees Association, Inc. , Suffolk Chapter, Southold Town Unit provides for the terms and conditions ,.of employment of the members of such association for a term of two y:ea.rs ;commencing January 1, 1981, and WHEREAS, Article XV of said' contract provides .that the Town will make payments to the Suffolk County CSEA Welfare Fund for the the benefit of full-time employees in the amount of $250. 00 per year for each such employee in the manner provided in said Article XV, and WHEREAS, the said Trustees of said fund have increased the annual charges for participation in the benefits afforded by such fund, and WHEREAS, the members of the Southold Town Unit of the CSEA, at a meeting thereof held on January 26, 198.2, agreed to each contribute to said fund, an amount which, when added to .the aforesaid amount contributed by the Town, will equal the annual charges of said fund; which said employee contributions are to be made by payroll deductions, NOW., THEREFORE, IT IS RESOLVED- 1. That the Supervisor- be and he hereby is authorized to deduct from the wages or salaries of employees who .are participants in said fund, such amounts as such employees may specify in writing filed with the Supervisor, for employee contributions to such fund. 2. That, subject to employee written authorization, such payroll deductions shall be made in the following manner; to wit : (a) That payroll deductions will be made on each payroll for each covered employee prior to July 1, 1982, in such amount as will total $75. 00 to cover the additional sums. due said fund for the period from January 1, 1981.. to June 3.0, 1982. (b) That the aforesaid deductions will be added to the regular payments made by the Town to said fund and paid to the fund in the same "manner and at the same time as the Town' s contributions are paid to said fund. The Town also agrees to make deductions from the salary or wages of presently employed covered employees whose services are terminated prior to July 1, 1982, in such amounts as to equalize amounts owed to said fund,. and to transmit- such deductions to the fund.. (c) That the Town will make payroll deductions of $8 . 34, , $8. 33 and $8. 33 on the first payroll after July 1, 1982, September 1, 1982 and November 1, 1982, respectively from each covered employee and add these deductions to -regular payments made by the Town to the fund. (d) That payments to the Fund will continue to be on a parity with payments made to the Fund by Suffolk County for their employees and the Town agrees to continue to .make payroll-deductions in whatever amounts are necessary to accomplish any difference between the regular payments by the Town to the Fund and the amounts agreed to by Suffolk County and to forward such amounts to the Fund. 4. .. That the Supervisor be and he hereby 'is authorized and FEBRUARY 9 , 1982 C '. 47 directed to execute the le ter of :;agreement dated January 28, 1982, between the Town of Southold, the Suffolk County Local 852 CSEA ' Benefit Fund and the Southold Town Unit of the CSEA. Vote of the Town .Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 27. Moved by Supervisor Pell, seconded by Councilman Murphy, it was RESOLVED that -the Town Board- of theTown of Southold hereby terminates employment of Custodian Ellen -Neville- effective December 15, 1981. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock,, Councilman Nickles, Supervisor Pell. This resolution. was declared duly ADOPTED. 28. Moved by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby. appoints James M. Hubbard, Carroll Avenue , Peconic, New York, to the position of Custodian, effective February 16, 1982 at a salary of $8, 500. 00 per annum. Vote of the Town Board` ._ Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 29. Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold set 3': 35P.M. , - Tuesday, February 23,' 1982, Southold Town Hall, Main Road,- Southold, New York as time and place for hearing upon application of Eii- consultants, Inc. on behalf of Neil Simon for a wetland permit to construct 190 lin, ft. of - timber bulkhead generally above line of MHW, except on southerly side where it will tie into ;the corner of existing bulkhead. A 10 ft. return is proposed on the northerly side. Approximately 200 cu. yds. of clean fill will be trucked in for backfill. Location of property: terminus of Harbor Lights Drive on man-made basin off Southold Bay, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 30. Moved by Councilman Murdock, seconded by Justice Edwards,, it was RESOLVED that the Town Board of the Town of Southold set 3-:40 P'.M. , Tuesday, February 23, '1982, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of En- consultants., Inc. on behalf of William LaMorte 'for 'a wetland permit_ to maintenance dredge and place resultant fill behind proposed up- land retaining wall to be constructed on the southerly part of parcel off North Bayview Road, on Jockey Creek and Southold Bay, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles,- 'Supervisor Pell. This resolution was declared duly ADOPTED. 31. Moved by Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3:45 P.M. , Tuesday, February 2'3', 1982, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of En- consultants, Inc. on behalf of Walter Si'lb'ernagel for a wetland permit to. construct a timber dock, elevated catwalk, hinged ramp and floating dock secured by two pilings at Broadwaters Road, on Broadwaters Cove, Nassau Point, Cutchogue, New York. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 32. Moved by Justice Edwards , seconded by Councilman Nickles, it was RESOLVED that -the Town Board of the Town of Southold set 3:50 P.M. , Tuesday, February 23, 1982, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of En- consultants, Inc. on behalf of Strong' s Marine Center for a wetland permit to maintenance dredge two contiguous rectangular areas 70 ft. by 20 ft . and .200 ft . by 20 ft. to a depth of 4 ft. below MLW. 48..' FEBRUARY 9, . 1982 Approximately 350 cu. yd. will be removed and placed on adjacent. upland where it will be prevented from reentering the waterway. Location of property: south of Camp Mineola Road, on James . Creek, Mattituck, New York. Vote of the Town Board: Ayes: Just ice _Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 33. Moved by Supervisor Pell, seconded by Councilman . Nickles, it. was RESOLVED that the Southold .Town Board declares: ."its6l'f 'lead' 'agency in regard to the State Environmental Quality Review Act in the matter of the application of Enconsultants; Inc.. on behalf of Friedrich Krug for a wetland permit on certain property located on Budd' s Pond, off Budd' s Pond Road, Southold, New York, Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, , Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This -resolution was declared duly ADOPTED. 34. Moved by Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following, more or less, as may be needed: 15 - 3 ft . by 8 ft. Drainage . Rings 10 - 4 ft. 6 in. � by 8 ft . Drainage Rings 15 - 3 ft. 6 in. by 8 ft . Drainage Rings 10 - 3 ft. 6 in. by 8 ft . Drainage Domes Vote of the Town Board: Ayes : Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles - Supervisor Pell. This resolution was declared duly ADOPTED. 35. Moved by Councilman Townsend, seconded by ,Councilman Murdock, it was. RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following, more or less, as may be needed: 500 ft . - 12 in. corrugated aluminum d'raihage' pipe with. bands--{' 500 ft. - 18 in. corrugaged aluminum drainage pipe with bands Vote of the Town Board: Ayes: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock,.. Councilman Nickles, Supervisor Pell. ' _ This resolution was declared duly ADOPTED. 36. Moved, by Councilman Murphy, seconded by Justice Edwards, it was RESOLVED that the TownClerk of the Town of Southold be authorized to advertise for bids for the following: Four (4) replacement tires for the Fiat-Allis, Model 745 C Payloader located at. the Southold Town Landfill area. Vote of the Town Board: Ayes: Justice Edwards , Councilman. Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. COUNCILMAN MURDOCK: Bill, I think maybe . a little explanation to the members of the audience. Normally the Town doesn' t go out to bid on. anything that. costs less than $3, 000. 00' and in this instance we do not expect that the bid will come at much less than $2, 000. 00 and substantially more. We figure it will be roughly $1, 800. 00 a tire and that's why we' re advertising. SUPERVISOR PELL: $3, 600. 00 a- tire. ' COUNCILMAN MURDOCK: Yes, $3,600'. 00 a tire. That 's $13, 000. 00,. almost $14, 000. 00 to replace four tires on the payloader. SUPERVISOR PELL: This payloader is up in the dump. These are great big tires on the machine and they are filled with styrofoam so when they run over a pipe -or something in the dump when it is working it does not give- you a flat tire, lay th.e machine up why you get the. tire fixed. These tires have been on the machine for two years now, they have worn out, they are very expensive. But if the machine is layed up on down time while you "are getting a tire or two fixed, and nobody stocks them, while you are,'buying a new one. to put on , you can rent a machine. Two years :ago we rented a machine before this machine came in and at that. time to rent a machine to replace that "machine up there cost the Town $1, 700: 00 per week, seven days a week that machine works. So that ' s. why we have to have there special tires. FEBRUARY 9 , 1982o.Y6, Y,-ft 49 `37: Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the Town Clerk of the Town of Southold be authorized to advertise for bids for the following, or equal: One (1) 1969 .Used Self Propelled 10 to 14 ton Tandem Steel Wheel Roller with the trade-in of One (1) 1940 Galio Roller - ID. # RD25260. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 38. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold amend their resolution of February 2, 1982, granting Susan Long her first salary step increment in the amount of $500. 00 effective February 2, 1982, by adding "and the C.S.E. A. Contract 827o . increment effective January 1, 1982. Vote of the Town Board : Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 39. Moved by Councilman Murphy, seconded by Justice. Edwards, WHEREAS, on the occasion of the commemoration of February 1982 as American History Month by the Southold Chapter of the Daughters of the American Revolution, and WHEREAS, in the spirit of Americanism and the interest in history shown by said group, through its donations in the past and todays presentation of "The Patriots Index" Volumes I and II to the Town of Southold, through the Town Historian, Magdaline Goodrich, now, therefore , be it RESOLVED that this Proclamation of Appreciation, on behalf of the Town of Southold, on the occasion of Americanism Month of the Southold Chapter of the Daughters of the American Revolution, be personally presented to the Chapter by Magdaline Goodrich, Town Historian, Town of Southold, Long Island, New York, with . sincere gratitude. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. . 40. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Commissioners of the Fishers Island Ferry District to proceed with the bidding process in connection with dock repairs and ramp construction on Ferry District .property in accordance with the Fishers Island Capital Project, , upon receipt of approval from the Department of Transportation of the plans and specifications. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 41. Moved by Councilman Murdock, seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold accept, with regret, the resignation of Raymond W. Edwards, effective February 2, 1982, as a member of the Board of Commissioners of the Fishers Island Ferry District . Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. SUPERVISOR PELL: We have researched this to Albany and Mr. Edwards cannot wear the two hats because of a conflict of interest, so he gave up the Ferry District . Commission to serve all. the people of Southold Town as an elected official. 42. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, ..the Southold Town Planning Board. and Suffolk County Department of Planning have prepared official reports and recommendations on the application of Joseph J. Lizewski for a change of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property situated at Cutchogue , New York, and more particularly bounded and described as follows: BEGINNING at a point on the northerly line of Main 50 FEBRUARY 9 , 1982 (State) Road (N.Y.S. Route 25) where said northerly line of Main (State) Road intersects with the easterly line of Depot Lane, and from said point of beginning_ running North 39 degrees 39 minutes 50 seconds West 406'. 83 feet ' to lands now or formerly of Fogarty;, running thence along lands of Fogarty North 43 degrees 38 minutes 10 seconds East 221. 30 feet to lands now or formerly of Dunne; running thence. along lands of Dunne South 44 degrees . 36 minutes . 10 seconds East 347. 97 feet to' the northerly line, of Main .(State) Road; running thence along the northerly line of Main (State) Road South 31 degrees 20 minutes 10 seconds West 264. 12 feet to the point or place of BEGINNING. Being noted on the Suffolk County Tax Map as District 1000, Section 102, Block 02, Lot ,011 and p/o Lot 012. .NOW, THEREFORE, BE IT. RESOLVED that a' public hearing will be held by the Southold Town Board at 8 : 00 P. M. , Tuesday, March 9, 1982 at the Southold Town Hall, Main Road, Southold, New. York, at which time any -person desiring to be heard on the above pro- posed petition should appear at the time and place above so specified, and be it further RESOLVED that the Town Clerk be and she hereby is authorized and directed to cause notice of said hearing' to be published ' in the official newspaper pursuant to the requirements of law. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. This resolution was declared duly ADOPTED. 43. Moved by Councilman Nickles; seconded by Supervisor Pell, it was RESOLVED that the Town Board of the Town of Southold accept the bid of Mullen Motors, Inc. for supplying the Town of Southold with six (6) new 1982 Special Police Type four door Plymouth Gran Fury sedans with factory installed AM radios at a net cost of $56, 500. 00. ($69, 500. 00, less trade-in of . $13, 000. 00 for four vehicles. ) Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, Supervisor Pell. . .This resolution was declared duly ADOPTED. SUPERVISOR PELL: We will go back now to Resolution No. 7. I am going. -to ,have the resolution introduced, read, seconded :and then I will: open it up to the Board for comment . COUNCILMAN MURDOCK: I only have one problem with that, Bill. That' s that I certainly would, like to give. the audience an opportunity to participate in the discussion but I respectfully am going to request the Town Board not to act on this resolution. I ' ve been deliberating in my mind and there' was one gentleman at the. work session yesterday, representative of County Executive, and he said the County Executive was prepared to help with the placement of this parcel in a Nature Preserve. At that time' I asked the gentleman why nobody had ever established any lands in a Nature Preserve and the net result was that I still feel, and I 've come to feel stronger and stronger about it as I deliberated during the day with myself, .that . maybe some more time should be put into developing a line of communications with this gentleman to see what we can effect in terms- of guarantees and I would respectfully ask the Board to consider that before it is put to a vote. SUPERVISOR PELL: Gentlemen of the Board, I would like,. as I said before, have it introduced, . have it read, open it up for discussion with the Board and the public, then if any Councilman wishes to mak a motion to table it, it takes four votes to table. Follow those guidelines . Agreed? (All agreed. ) Councilman Murphy will introdu the resolution. 7. Moved by Councilman Murphy, • seconded by Councilman Townsend, WHEREAS, the Southold Town Board supports the preservation of Robins Island in its natural state, and WHEREAS, the private efforts of the Save Robins Island Committee to preserve the' Island- have� been obstructed by the Island' s owners, The Southold Development Corporation, and WHEREAS, while the Southold Town Board has local jurisdiction over the future of Robins Island, and has the. power to acquire the Island on its own, the Board believes that the preservation. of the Island is' a regional concern and that_ the' Island' s preser- vation would be a benefit to the entire region. and FEBRUARY 9 .1982 51 WHEREAS, the County of Suffolk;has`>.estab-11shed a Nature Preserve for the specific purpose of preserving land like Robins Island, which has not yet been utilized on behalf of the people of Suffolk County, now, therefore, be it RESOLVED that the Town Board shall and hereby does go on record as favoring and giving its consent to the acquisition of Robins Island by the exercise of Eminent Domain, and the permanent preservation of the Island through a limited access Nature Preserve. SUPERVISOR PELL: Gentlemen of the Board, do you want to c-omment at this time before we open it up to the public? Any Board member?' Mr. Townsend. COUNCILMAN TOWNSEND: Even though I just seconded the motion, it ' s become apparent to me that if it is voted on tonight it ' s not going to pass. The Board is deadlocked and I really don't know what Larry has in mind as far as input is from the County but in review- ing voluminous minutes and listening to a lot of the testimony recently and talking with Board members many times I've heard the comment that if it came to referendum it might affect some of those Councilmen who are in the negative. We' ve also been advised by our Attorney that we cannot because it is not an issue of bonding or one that commits money of Southold Town. We cannot put it to referendum. There has been a suggestion that perhaps that one of the considerations being that if the voters knew the real cost, . the condemnation cost and the cost to the taxpayer they might feel differently and if you put it on a yes and no basis as opposed to an are you in favor of basis so that people had to express opinions one way or another it might come out that the. populous was opposed to Robins Island acquisition--public acquisition by the County. This was an idea that was expressed to me that I thought ma.y be worthy consideration, that being that the Board do two things, that we contact a condemnation attorney to determine what perimeters condemnation of such a piece of property, how you go about evaluating . the value of such a piece of property. Determining within rather broad perimeters what that value might be; hire 'an independent polling agency and get a sample of what the--an accurate sample, .an impartial sample of what the Town's opinion is on the matter. Now, whether that would affect any of the Board member' s opinions or not I have no idea. I submit it as a suggestion as away of resolving what public opinion really is on it. Not that it ' s going. to affect some votes, but it' s just a suggestion. Rather than let it be voted on now. SUPERVISOR PELL: Thank you. Any other Councilman wish to comment at this time before we open it up to the public? Mr. Edwards. _JUSTICE EDWARDS: I do agree with Joe Townsend in this. I'm very concerned about it. It ' s been dragging along for a long time, and it ' s been a couple of years already. Of course I 'm new with the idea of Robins Island, only ,a couple of months but I think a couple more weeks won ' t hurt it a bit and I will go along with Joe on that. SUPERVISOR PELL: Councilman Nickles . COUNCILMAN NICKLES: I ' d just like to review with the audience. and with the Board the last two years . I believe we started this in. January of 1980 when our Supervisor submitted a resolution not unlike this and at that time it was tabled and it came up a month later or so--two weeks later , at which time it was voted down and that started a long. bumpy road with the previous Town Board of which I- was a member and I 'm sure for the members of the Save Robins Island Committee. Along the way a Advisory Committee, a Town Board Advisory Committee was established. I believe they commenced in September of 1980 and they rendered their report in April or May of 1981. Follow- ing that the Town Board met with the Save Robins Island Advisory Committee and some members of the Save Robins Island Committee and we hammered out a resolution which I kind of thought put this thing, the situation as in Mr . Edwards ' words, was no longer dragging out but was resolved. Now for someone that spent a good deal of 1980 advocating the position of limited development as a ..means of preservation and then arriving--I co-sponsored a resolution with Mr. Murphy that the 'Town favored preservation so long as no taxpayers' money was used for acquisition or maintenance.. It is my impression at the time that the Save Robins Island Committee and many members of the Advisory Board felt this was a step in- the right direction. They claimed that with this resolution they would now have the 52' FEBRUARY 9 , 1082 credentials necessary to go forward and meet with various private foundations who supposedly have money available for -acquisition and preservation of lands such as this. As I understand it, in Sept- ember a letter was sent to the owners offering them approximately 2. 1 million dollars. Evidentially the Save Robins Island ' Committee has never heard a response, to that. I expressed. yesterday--we had a special Work Session. yesterday, by the way at 3: 00 o' clock--my opinion as to how that offer was--in the terms it was couched and that to some extent it might have been presented in such an insulting manner that. the owners did not. feel it warranted a response. Sub- sequently the Save Robins Island. Committee has made no follow-up to their initial offer. They have not had a response, they have not followed-up to see why they did not get a response. . I. asked a question yesterday, what kind of funds were available and how much money were they able to raise? I never did really get an answer even though we were told when we hammered out this resolution in June of 1981 that there would be funds available to them. We don' t know whether there' s 2 million dollars available, 7 million dollars or 100 million dollars. But at .any rate it is my opinion that this Town Board took a position favoring preservation. The Save Robins Island Committee had the ball' and to my way of thinking they have not exhausted all the avenues open to them and in a sense I 'm not certain that they followed this line with any due diligence and for that reason at this point in time .I still do not favor going for public acquisition when there still may be a chance for acquisition through private foundation money. Consequently I won't vote for this. I' would like to make a comment. One of the other Councilmen mentioned having a ,poll. It seems all we do lately is one group runs a poll on this, somebody else runs a poll on that . Maybe you could find some pollster who would come out here and run the . Town Board for you and you, can run a poll every six months and decide what should go on in this Town. It seems to me that ' s all . that we' re doing, having polls. . SUPERVISOR PELL: - Thank you. - Any other Councilmen wish to address the- topic before we open it up to the floor? (No response. ) Any- body wish to address the, Board on this? Counsel Pike. ROBERT PIKE, Attorney for the Save Robins Island..Committee:. Well, it would appear that the long bumpy road is getting longer and . bumpier from the start. I do have to just briefly discuss with Mr-. Nickles his discussion about our offer. First of all, he knows very well that it was an option. An offer for an option. In. an option we can' t raise money unless we know exactly how much money you have to raise. And so when he asked us how much' money have we raised, I say we don't have an option. There' s nothing to raise any money for. So why would we go for the door and we have opened the door. I disagree with your conclusion that we have not diligently and faithfully and persistently tried to get the Southold Development Corporation, which is a wholly owned subsidiary of a Switzerland , holding corporation to negotiate with us in good faith. They have failed to do so. They have failed to communicate and that failure is not ours. Three weeks ago we were in this meeting room and there was some great concern that we were trying to rush things and so a three week delay was discussed and agreed upon and that delay of three weeks has passed and during that" time we told this Town Board that if they would tell me exactly what it. was that they hadn' t gotten yet and that we would explain exactly what it was if they didn' t understand it and we agreed to come down here yesterday afternoon and for an hour and a half answer each and every question that they might have about a current proposal for a. County financed acquisition of Robins Island for placement into the County Nature. Preserve. 'After an hour and a . half of discussion in which we talked about every ramification and every question, every idea that the Tow Board could come up with., . there were no further questions.. _And now some 24 - 28 - 30 hours later and there' s two new questions. I really wonder where the questions come from. I don' t know, but I' ll try to answer them. Now, as far as an appraisal of the Island. In terms of the decision that you gentlemen have to make here--at some time you do have to make a decision--in terms of that decision, the difference between a 2 million dollar acquisition and a 10 million dollar acquisition by the County of Suffolk means. a grand sum difference between 2 million-and 10 million of twenty-five cents for the average taxpayer in this room., The cost to these- taxpayers isn' t in the acquisition; that' s spread out throughout the entire County of Suffolk. It' s spread out through twenty. years., at. least, of bonded indebtedness on the County of Suffolk, and that . is a debt . FEBRUARY 9 1982 53 that the County of Suffolk• and Peter .'Cohalan is willing to take at this time, ,or he' si:..certainl.y..: w ll2n=g: -to,>:1ight for it. So it' s that twenty-five cents, finding out whether it' s going. to be $2. 50 per average taxpayer in the Town of Southold or $2. 75 per average taxpayer in the Town of Southold, is that really going to make.. a difference? 'Or is this just another delay? More time chewed up? As to polling. Over and over and over again the people of Southold have been queried, and polled and probed and tested on this issue. They have- responded. in a number of ways and I don' t have to go over them again, we went over them yesterday and we went over them three weeks ago and we went over them six months ago and we went over them two years ago. The basic message doesn' t change. The people of the Town of' Southold are in favor of the preservation of Robins Island in its natural state, period. And if our poll, the poll of the Save Robins Island Committee did, would show that 84. 6 percent of the people of Southold are in favor of .that preservation was wrong by 20 percent--if for some reason it was off by 20 percent, it would still be 64 percent of the people in favor of the preservation that that ' s more than most of you were elected by. It just seems that that would be another exercise in futility and delay. Now, I will grant you that it is an important decision and I will grant you that it takes time to make a good solid well informed decision and if you need two weeks to talk about it, if you need two weeks to talk to the County Executive and find out what he thinks, and I 'm quoting him, "Robins Island is one of the most valuable . parcels on the entire Eastern Seaboard", fine, take the two .weeks, and I don 't think his message will change. I think that you, will find that he has analyzed it pretty well to know what he ' s . talking about . But any delay beyond that would . be a tragedy because five miles from -here in 'the Town of Southold lies one of the most valuable environmental and educational assets that exists on the entire Eastern Seaboard and if because of delay that is lost, not on its merits but simply because it was delayed, who will you ever convince that you were right? Now, if you need time, you need time to consider . and think and make sure in your heart you know what you're doing is right, we can-.'under- stand two weeks, but no longer. It ' s time for this Board to decide. Thank you. SUPERVISOR PELL: Any Councilman wish to address Mr. Pike while he' s on his feet? COUNCILMAN MURDOCK:- If you would, Mr. Pike, in.'this resolution, and I' ll just go to the resolve part , it says that the "Town Board shall and hereby does go on record of favoring and giving. its consent to the acquisition of Robins Island by the exercise of' Eminent Domain, and the permanent preservation of the Island through a limited access Nature Preserve" . No where in there does it talk about management of that preserve and I had believed that that would be an -"important and integral part of the future of the Island, as to how -it ' s to be managed, under whose agency, and I thought there was quite a bit of discussion yesterday about management and there was no definitive discussion about how it would be managed or by who. There- was some vague suggestion. I would respectfully say to you, Mr. Pike, that management is as much a part, or should be as much a part of this resolution and consideration as just the acquisition. Just to acquire it, to destroy a tax base to have it because it ' s pretty and then have improper management, have it go down the drain, I would say is as much a travesty .of justice as inactivity would be. And again I ' ll have to go. back to thinking over our- conversation - with Mr. Berger and it appears that it was he who suggested that the County after the part of acquisition would like to sit down and discuss management and management options. I 'm quite prepared to vote as I feel this resolution calls for a vote but I feel that there is something that is left out seriously that might even change my opinion in terms of it and I think that (a) I would like the time to have you and -the County sit down and discuss management operations. Your committee is certainly much more versed than I am and I would not propose to. take over at this point and come in and say oh, how easy this is, it is not easy and it would not be easy and I would not want to go into a discussion with Mr. Berger or his office without the help and guidance of the Robins Island Committee. If you feel this is the wrong position to want to know and want to delineate a exactly what our responsibilities are, I will accept being wrong but I say to you again that management should be part of this resolution. The people of the Town of Southold should know in what direction the property that they will give up should be handled, if they ar.e willing to five it. up. 54 FEBRUARY 9 , 1982 MR. PIKE: Well, let me ,respond. First of all the management of. the Island is clearly defined by one thing. (1) The resolution before you is a home rule message about putting the Island into a nature preserve and whether the County manages the nature preserve or the Town manages "the nature preserve or the Save Robins Island Committee manages the nature preserve or Nature Conservancy manages the nature preserve there are certain principles that none of those parties can cross, can challange or can defeat in their activities without defying the basic public trust that they are given by law by. you. What that gives you._ is an enormous potential to do it right because you have .so many options.. Now, I 'm not sure the County of Suffolk is going to be' very interested in discussing it with you,. if you're not even willing .to commit yourself to the basic idea that they might . Now, if you vote for the resolution in two weeks it will be no management problem for at least two years and I would dare say it will probably be three before title is taken and until title is taken there is no manage- ment problem. But in those two years I can guarantee you that working with the Save Robins Island Committee and the Town Board and the County Nature Preserve Committee you could come up with a heck of a lot better management program, team and guidelines than you could in the two " or four or six weeks that you're proposing to develop that in now and so there is nothing inconsistent about passing this now with establishing the best possible management team for the Island. And I would point out that even. at the County level on the Nature Preserve Committee you already have Paul Stoutenburgh who will give you good strong local input and it ' s just not essential, Larry, that you decide that. They're not going to turn around and turn this thing into Coney Island, they can' t, they don' t have a home rule message which would allow them even to turn it into a park, and so, sure we' ll work with you, fine, but . it' s not prerequisite to this particular resolution. In fact the' passage of this resolution enables these exact kind of negotiations that you're trying to accomplish. SUPERVISOR PELL: Any other' Councilmen- have anything for r/ir: Pike . while he' s on his feet? COUNCILMAN NICKLES: You know, Rob, we keep hearing that the County' Executive is going '-to--if we pass this resolution--see . that Robins Island is secured but in reviewing his 1980 Open Space Plan I see he has eleven sites in here. - He' has 363 acres Baiting Hollow/Roanoke Point, he has Barcelona Neck in East Hampton 355 acres, Carrls River in the Town of Babylon 29 acres, Carmans River 430 acres, Town of Brookhaven, Dwarf Pine Forest , 190 acres, Southampton, Gardiners Island 3380 acres in the Town of East Hampton, Long Pont Greenbelt 800 acres , Town of Southampton, Maple Swamp-Birch Creek 2000 acres Town of Southampton,. Nissequogue River 50 acres Town of Smithtown, number 10, Peconic River :1250 acres Town of Riverhead and Brookhaven and. finally our own Robins Island 460 acres. Now, I 'm wondering if he' s waiting for home rule messages from all these other towns where these properties are because from what I understand I don't know that any of these have been put into any kind of acquisition program or indeed, it ' s my understanding they're not even in..the capital budget and I don' t- know where anywhere it is written in stone that if Peter Cohalan- would like to acquire Robins . Island or any. of these places he can ' t move forward with the legislature.. I realize he doesn' t have a vote in the legislature but nothing seems. to be happening with these things. MR. PIKE: John, what ' s the date on that? COUNCILMAN NICKLES: February 1980._ I don' t know that he' s come out with a new Open Space Program, but if he -has I haven' t seen it . MR. PIKE: The gentleman who was here yesterday, Mr. Berger, came as a representative of the .County Executive Peter Cohalan. He had spoke to County Executive Peter Cohalan two weeks prior to the meeting yesterday. If . you doubt at all that Mr . Cohalan is dedicated .to this project, irregardless of whatever problems. beset the other ones, if you doubt that, call him-. COUNCILMAN NICKLES: What I am asking you is out - of these ten properties, which one has he set. ,the highest priority? FEBRUARY 9 , 1982 55 MR. PIKE: Ask him: I. dare:�•sayn-,,-e,.would find Robins Island at or very near the top. COUNCILMAN NICKLES: But in the meantime why hasn ' t he moved ahead on any of the other projects? Quite frankly just talking as a politician and not as these folk' s representative, it seems to me he' s espousing open space preservation and he' s saying, I' m not going to act until those people out in Southold Town on the Town Board act, but mean while he isn ' t doing anything. He' s putting the onus on us but there' s nothing anywhere that says that if the County Executive desires to move ahead that he can'-t institute proceedings in the legislature to do the same whether it be with the blessings of this Town Board or without this blessing. One other point before I shut up, and that is I' d . like to remind us all like I did yesterday, we're not talking about is the Town Board opting for development as we were two years ago or limited development we ' re talking about two forms of preservation. We 're talking about acquisition by the public entity or we ' re talking about acquisition by the Nature Conservancy or any other private group. Now I still feel one letter is all I am aware of that was sent .to the- Southold Development Corporation is not a diligent effort. I suggest that if the Save Robins Island Committee has worked as hard trying to contact t.hose people or coming up with an offer as they have with this Town Board they would already have the title to it . MR. PIKE: May I suggest, John, that first of all there is nothing inconsistent with what we are doing here with. the County and us continuing to negotiate with-them privately if they would bother s to answer their mail. I would also suggest that the next .time we write a letter I ' ll ask you to proof read it and lend .your. suggestions if you would. COUNCILMAN NICKLES: I' ll be ,happy to. Like I told you last night, if you ask a girl to dance and she says no to you I'm sure you don' t take that lying down, you try again. SUPERVISOR PELL: Any other Councilmen ..have anything they would like to ask Mr. Pike? Mr. Edwards. JUSTICE EDWARDS: Rob, one question. You did send a letter off to Southold Development on the proposal to buy .the Island? MR. PIKE: Absolutely. JUSTICE . EDWARDS: You did not receive any reply from they, did you not? MR. PIKE: We have no-- well, I have spoken to Armand Lessor several times since then, twice since then. He indicated that we would be getting a formal reponse from them, that is the Southold Development Corporation. He indicated we would be getting a response in writing that basically it would say that they were not interested, but we have never received such a document . JUSTICE EDWARDS: When did you send the Tetter to them? MR. PIKE: September 25, 1981. JUSTICE EDWARDS: We're talking five months and you haven' t gotten back to them to get something in writing? MR. PIKE: I have several times, twice. JUSTICE EDWARDS: You have talked to them since that time? MR. PIKE: That ' s right. .JUSTICE EDWARDS : But he has not come back with anything? MR. PIKE: Correct . SUPERVISOR PELL: . Any other Councilmen have anything for Mr. Pike? (No response. ) Thank you Ms. Pike. Anybody else wish to address. the Board on this subject? - Mr. Frank Bear. ,5.6 FEBRUARY 9, 1982 AIR. FRANK BEAR: John, you said that if you asked a girl-. to dance once and she turned you down you wouldn ' t quite with one- attempt . I think that depends a lot on the girl wouldn' t you say. so? COUNCILMAN NICKLES: Apparently this girl ' s worthwhile so you ought to ask twice. MR. BEAR: Well, we have. We- have asked a number of times.. Rob Pike has. been on the telephone a number of times trying 'to get some kind of an answer and he has- been promised one and it never "came- through and so we feel that this is a necessary step for us to take. I 'd like to talk just a little bit if I may about this management business because it seems to be bothering a lot of peopl We have prepared to move ahead at the proper time to raise the money for a trust fund for the management of this island. I 'm talking about the Save .Robins Island Committee. We have already taken steps in that direction.' -Most importantly the preparation of the arrangement with the fund raising consultant to raise the money for Mashomack, she' s raised the money for lots of .other places. I 'm talking about Marjorie Bond who is sitting right over here. Marjorie Bond is confident that we can do this. We have contacted various sources' of funds but we haven' t asked them for any money until .we have something for them to put money into. We have no reason to doubt that we can do it. That doesn't mean that we start this fund raising tomorrow and the day after tomorrow we' ll have the money. Maybe we' ll have to work at it but we are sure we can do it. We have every confidence that this can be accomplished. We're willing to go ahead to try to raise the money and raise it for acquisition, but you can't. raise the money for acquisition until we a deal with the owners of the property and they refuse to deal with us.. : Maybe., .this is not the proper time and place to do what I am going to: do,;know but I'm going to read you a prayer. This prayer. was .published by the Methodist Publishing Company--Publishing House and I think this is germane to this issue. It ' s called Prayer For Earth. "In the beginning, Lord, :you gave us this. garden Earth. Out of. its deep water came life. Then you provided air,. And life pushed upward,. It crept upon the wet land and the dry land. You made man in your own image, Lord, to stand up and to have dominion. To .watch _plants grow and birds fly and streams flow. To feed upon the. li'fe-giving goodness which you put here for our sustenance.. You placed us here to plant, cultivate, and harvest--to rule and manage. What a trust you put into our hands !- We managed, we built , we used what was here. Yes, we wasted. But everything seemed. to limitless, Lord. Air without bounds, 'water clear and overflowing, forests primeval; richness in Ear.th' s bowels to be exploited for our comfort and our progress. With what you put into our hands, Lord, we have built skyscrapers and monuments and .automobiles. And tombstones. . We fly in the skies, even thrust to the moon and beyond to satisfy curiosity and prove what man can do. We thought there would always be enough for future generations. What little thought we gave it as we mined and- manufactured and engineered! Wastes ooze into precious waters: Why do your rains not wash the rivers clean? Murky clouds hover over our cities, obscuring skylines: Ar'e your winds not strong, enough to take away the jet exhaust, the auto fumes, the stack smoke.? We scrape mountainsides away: Will . not the lush green return next spring? Your prophets told us to be fruitful and multiply, to fill the earth and- have dominion. But now there are so many of us ! And getting to be more. What shall we do . now, Lord?" COUNCILMAN NICKLES: Amen. Very nice prayer, Frank. SUPERVISOR PELL: Anyone else wish to address the Board- on this topic? MR. WILLIAM SMITH: I was a member of the Robins' Island Advisory Committee and as you know we spent many meetings. I am a real - estate broker and I 'm sure I won ' t make any money on Robins Island but I wonder at the perseverance of the Save Robins Island Committee. In a little over six months they have given up- and they. want public funds. I have spent two years trying to make a deal in real estate.-and sometimes I' ve been asked how I made it and I say perseverance and I 'think the perseverance of. the Save Robins Island Committee is very low and I don ' t know' why they have to give up .in six .months FEBRUARY' 9 , 1982 57 SUPERVISOR PELL: '' Thank you; - Mr-. , Smith. Anybody else wish to address the Board? MR. DAVE HORTON: I 'm from New .Suff olk and first of all I' d like to say that I believe it will cost us far more than twenty-five cents. Also, I' d like to say that based on past observations I think the last entity that should get this island is Suffolk County seeing what they' ve done with their sewer districts and everything else that they' ve maintained. Thank you. SUPERVISOR PELL: Anybody else wish to address the Board? MR.. JOHN CRYAN: I 'm from Smithtown, and I 've traveled a long distance. I 'm representing. a group called the Long Island Pine Barrens Society. We have a letter addressed to the Board that I will give to you after I'm done. The reason I came out here was primarily to assert that there is a lot of concern about Robins Island down in western Suffolk and a lot of the people out there do feel concern about the few important environmental areas left in the east end and it is well known there that Robins Island is perhaps the best remaining example of a whole range of ecosystems in Southold Town and for that reason mainly we do support its acquisition and I believe that may be one reason why acqusition of Robins Island was proposed in the County Open Space Plan. I just wanted to make a few other points. One of them is that we seem to have a Catch 22 situation going on. No one governmental agency or elected body of governmental officials want to take a firm stand before another one does. I just want to remind the Board that traditionally home rule messages from town boards has been the way that many parcels of land have been preserved. We are working extensively on the Long Island Pine Barrens and we are attempting to get home. rule messages from the difference towns that have pine barrens within their boundaries. We feel this is the most important way to get land preserved. So I think that is an important consideration. It ' s not so' important to consider how much backbone or how much concern does. County Executive Cohalan have in this matter or any other government official as it is to get a strong statement on the record for the town in support of preservation . I would also like to address the issue of management of the property. It would seem to me that with any environmentally pristine area like Robins Island management would mostly, be minimal. I think what you're talking -more -about is security. How would you maintain the integrity of the property, keep interlopers off and I would submit to you that the County could do it, the State could do it , the Town could do it, even a private entity could do it . And I also believe that security could be addressed in the interim period between the plans to go forth with acquisition. and the actual acquisition of the property. -'I' d just like to leave you with the thought that we do care in western Suffolk about Robins Island. SUPERVISOR PELL: Thank you. Leave your report with the Town Clerk,. please. Anybody else wish to address the Board on this topic? Mrs. M. J. Paul. MRS. M. J. PAUL: I just wanted to clear up , one point about the negotiations with the owners. which .might help. I don' t want anyone to leave here with the impression that the Save Robins Island Committee has not been diligent and working hard. I have worked since March 2, 1980 every single day doing something about trying to save Robins Island in some way, and I don 't regret one moment. I think it ' s a noble cause and I think at the moment I'd like to. thank the Board for their consideration and their courteousness toward the Save Robins Island Committee . Especially I'd like to thank Bill Pell, our Supervisor, for giving encouragement. He happens to believe in what we' re trying, we're still trying, I want everyone to know that. Now, to answer my friend Bill Smith, our first idea and the one that we went with, first is private acquisition. That ' s our first choice. We offered what we felt . was a. fair market value and haven' t heard. Rob has- tried- to get a letter. out of them, and it says here that you all should know that the Save Robins Island Committee is still ready, willing and. able to enter into an option agreement should the negotiations begin. However as the agents of the owners are apparently unwilling to negotiate with us. at this time we 're proceeding with the next . viable option for preserving. Robins Island in its natural state. It isn' t our first. This 'is our second. I had a call from a 58 FEBRUARY 9 , 1982 local realtor the other day--a few weeks ago and he. said, "Mrs. Paul the reason that the Southold Development Corporation is not accepting your offer is that I happen to know that they have been offered 4 million dollars in cash for the island and they have refused that" . Where does that leave us? How can we negotiate with them if it ' s fudged . like that? Now here we have the County . coming in and offering a plum to us of acquisition: They' re offer- ing this to us because after all I know we' re out here on this mud flat but we still are part of Suffolk County. They 're saying to us that we will work with the Countv Legislators to acquire this island for you people out here in Southold Town and we.. will work with you if you would like to raise money to manage it . We' ll work with .that, we' ll work with anything that you would like to do. So here we have a combination of we, the people of Southold Town to go out and raise money for the management. I assume we have local people managing the island and so forth and the acquisition money would be pr(wided by everyone in Southold' Town plus the County and I think Doug, right at this moment. could, for the public record, state exactly how much if Robins Island were acquired, let ' s put a figure of 4 million, 5 million, and this is what your taxes would go up. And Doug is a. genius. SUPERVISOR PELL: Thank you, Mrs. M. J. Paul. Anybody else wish to address the Board. on . this? Any questions for Mrs. Paul? Mr. Townsend. COUNCILMAN TOWNSEND: It ' s not really a form of question. What I'm trying to do is isolate. I don' t want it to come to a vote and .have it defeated because I'm for it. What I'm trying to do is isolate it with a polling question which. apparently has upset some, of the Robins Island people or maybe. What I'm trying to do is isolate what it is that keeps the ;Board from,; voting for it. My mind is made up. In' going throughi-the minutes; that ' s the only .question that I 've not seen. Now,;. you. say you .have polls that say it. You have a lot of things that indicate to me that the majority of the people are for it but it hasn't been a pure objective poll, yes or no, where everybody that is`�'contacted could say yes or no. What you have is people who - say if -hey're interested in it they send it in and they say yes,. . I'm interested in it . You've had an overwhelming response and that' s great . But on .the other hand those people who are not interested in it, in deference to some of my cohorts would not bother to answer the question. Maybe it ' s a moot point. What I would like to- do is find out ,if it has any affect on the voting of the Town Board. I' d like to isolate those issues that effect the voting. We' re going back and forth and saying well, I'm afraid of the management, that ' s why I'm going to vote against it. So the management is no problem. Is there any issue that has not been brought up that would affect the voting of this thing? That we could determine in any way? That would change their vote from negative to positive? SUPERVISOR PELL: You are asking that of the Councilmen. Councilmen, Mr. Townsend put a question. to you. Anyone care to respond to it at this time? COUNCILMAN MURDOCK: 'I already expressed my opinion, Joe, there' s no reason why I should repeat it again. COUNCILMAN NICKLES-. I'm ready to vote: SUPERVISOR PELL: Does anybody else wish to address the. Board before I call for the movement of the resolution? Mr .. Dave Kapell. MR. DAVID KAPELL: I would like to support the idea. But it ' s difficult to go into and. I think it ' s ridiculous to ask the County to ask---thd County to enter into an acqusition in- the absence of some professionally arrived at figure as to the cost- of. this property, what it would represent in a condemnation proceeding. I really don' t understand how it can go--I hear 2 million dollars, the paper says 10 million dollars and somebody else 4 million dollars. The fact is I think it ' s very important for somebody in a professional capacity, I don ' t know whether it is the County. Real Estate Depart- ment .who is more familiar with .County real estate values than anybody else, to be' asked to, give us some guidance as to exactly- what the cost would be. in a condemnation proceeding and tha-t would give you your answers with regard to the taxes. . It would also give this Board some feeling of what the magnitude of this project -is. . . FEBRUARY 9-, 1982 59 SUPERVISOR PELL: Councilman Nickles will respond to that. COUNCILMAN NICKLES: I think your point is well taken, because in a condemnation proceeding -you take the property and then the price is discussed or arbitrated at a later date. Once the decision is made for condemnation that' s it. We talk about how much it ' s going to cost later . I just want to say you have a good point, we don' t know whether it' s 2 million or 10 million and maybe to some of the people in the room it doesn' t make any- difference- whether it ' s 2 - million or 10 million or 2.0 million. I think the Town Board would have to look into whether or not the Suffolk County Real Estate .Department would offer some indication of value. MR.. KAPELL: -It would seem to me that if the County Executive in- fact does support this project that he would lend the services of the County Real Estate Department and I think they're qualified. SUPERVISOR PELL: There is an answer coming from Attorney Pike. We. discussed it yesterday with Mr. Berger who was here. MR: PIKE: Clearly the County -of Suffolk doesn' t buy it until it , has. an appraisal. As a matter of fact it won' t buy it until it has two. Now in talking about a two year process,. that doesn' t even start until this resolution. is passed. Let' s assume that it is passed, what you have is initially two resolutions of the County Legislature that Mr. Cohalan would have to work .with his team and I think you would find that it is a bipartisan effort to get the resolutions through. One, to amend the capital budget. to provide for an estimated acquisition figure, and two,. .to authorize appraisals, two appraisals of the island and I ..would caution you that the professional appraisal, the truly professional appraisal of Robins Island is going to be an unusually expensive proposition simply because there isn' t anything comparable to it that has been sold recently. , Nothing, it is an island.. MR. KAPELL: It itself has been sold a couple of times 'in the past few years. MR. PIKE: That would result in two appraisals done .by professionals and the reason I mention it is because it would.tbe. Very 'very expensive to get an accurate appraisal for a small amount of money. Some of the critical questions about the value of Robins Island have to do with, the business aspects of developing it and those Pend on questions of how many homes the island could actually support and you can' t have a home unless you have water and nobody really knows how much water is under that island. And in- order to find that out you have to do a Very very expensive study and monitoring of the water table. Now, I don' t think that Mr. Townsend or any of these gentlemen are proposing that the Town pay for a 25 thousand dollar appraisal. Now, the County is equipped to do that but they're not going to do it until they get a resolution out of the County Legislature authorizing. them to- spend their money on such'.an appraisal and they're not going to pass that resolution until this resolution is passed.. SUPERVISOR PELL: Thank you, Mr. 'Pike. ' I'd like to draw this to. a close and turn it over .once more to the Town Board and ask if there is anything they would, like to add before we call for a vote on the proposed resolution. Gentlemen of the Town Board is there .anything you would like to add? Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the. proposed' resolution on Robins Island introduced by Councilman Murphy and seconded by Councilman Townsend (Resolution . No. 7) be tabled. Vote of the Town Board:' Ayes: Justice Edward-s, Councilman Murdock. Abstain: Councilman Townsend. No: Councilman Murphy, Councilman Nickles, Supervisor Pell. This resolution was declared LOST. SUPERVISOR PELL: Back to the Resolution- (No. 7) that was introduced. by, Mr. Murphy and seconded by Mr. Townsend: Poll the Board. 7, VOTE:Vote of the. Town Board: Ayes: Councilman Townsend, Councilman Murphy, Supervisor Pell. No: Justice Edwards, Councilman Murdock, Councilman Nickles . This resolution was declared LOST. 60 FEBRUARY 9, " 1982 SUPERVISOR PELL: Anybody else wish to address the' Board on any other topic? (No response. ) On motion of Supervisor Pell, seconded by Councilman Murdock, it -was RESOLVED that there being no further business to come before this- Town Board meeting adjournment be called at 9:30 P.M. Vote of the Town Board: Ayes : Justice Edwards, Councilman Townsend, Councilman Murdock, Councilman Nickles, Supervisor- Pell._ This resolution.- was declared duly ADOPTED. Judith T. Terry Town Clerk V