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HomeMy WebLinkAboutTB-03/23/1982 88 SOUTHOLD TOWN BOARD MARCH 23, 1982 WORK SESSION - March 22, 1982 3: 00 P.M. - Baymen Jarvis Verity and John Williams met with the Board to discuss their proposal to amend the Shellfish Ordinance to include a fee of $3. 00 per person for resident non-commercial permits and establish a limit of one hundred clams per person per day. It was decided later in the. day to request the Baymet, Town Trustees, Town Board members, and Town Attorney to review the Shellfish Ordinance to determine whether there are other proposed amendments. 3: 20 P.M. - The Board began reviewing off agenda items: dredging projects, code changes, landfill, Tercentenary Celebration, Captain Kidd Water District , civil service list for lieutenant and sergeant, New Suffolk Avenue. EXECUTIVE SESSION 4: 0.0 P. M. - Discussed personnel, 1983 contract negotiations, possible purchase of property, 201 Study. 5: 30 P.M. - Work Session adjourned. WORK SESSION - March 23, 1982 9: 20 A. M. = Began reviewing agenda. 12: 25 P. M. - Lunch. 2: 10 P.M. ,- Reconvened Work Session and discussed Councilmen reports, and the next steps to be taken in solving the municipal solid waste management problem. REGULAR MEETING A Regular Meeting of the Southold Town Board was held on Tue'sday, . March 23, 1982 at the Southold. Town Hall, Main Road , Southold, New York. Deputy' Supervisor Murphy opened the meeting at �3: 00 P. M. with the Pledge of Allegiance to the Flag. Present :- Councilman Francis J. Murphy, Deputy Supervisor Councilman- John J. Nickles Councilman Lawrence Murdock, Jr . Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry _ Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Absent Supervisor William R. Pell, III Following the Pledge of Allegiance to the Flag the Board remainded standing for a moment of. silent prayer in memory of f"ormer ' Supervisor Norman E. Klipp who died on March' 20, 1982. March 23 , 1982 89 On motion of Councilman Nickles, secornded by Justice Edwards, it was RESOLVED that the minutes of the March 9, 1982 meeting of the Southold, Town Board be approved as submitted. Vote of the Town Board: Ayes: -:Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman' Nickles. This resolution was declared duly ADOPTED. Moved by Councilman Murdock, seconded by Justice Edwards, it was RESOLVED that the next Regular Meeting of. the Southold Town. Board will be held at 7: 3D P.M. , Tuesday, April 6, 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. ' This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR MURPHY: Supervisor Bill Pell is away on vacation this week so we' ll take over for him. The .first order of business is Reports. These reports are on record with the Town Clerk. I . REPORTS 1. North Fork Animal Welfare League, Inc. (February 1982) . 2. Town Justice Edwards' report (January & February 1982 ) . 3. Councilmen ' s reports. Councilman Townsend? COUNCILMAN TOWNSEND: A division of the Landfill Committee met with the Village of Greenport to try to iron out some differences regard- ing the use of their sewer plant in solving the problem we have. with scavanger waste in Southold Town, getting it out of the landfill. I think we made some progress and various members are working on different specifics of it so I think we are well on the way to achieving agreement. COUNCILMAN MURDOCK: I had circulated an open letter expressing my opinions on municipal solid waste based on a letter that was in Newsday several weeks ago and the major concern I have is in their deliberations about multi-town solid waste management . When we originally started talking to the company that was the eventual successful bidder, the original price was 64 million dollars and when the time came to close the contract it had already risen to 140 million dollars. In the body of the story it also talked about the problems that people had in that the eventually successful bidder had no experience in that there were -none of these facilities avail- able in this country.. The debate went on about different sources of separation, eventual quantities of landfilling necessary. and it struck me that this was parallel to what the Town of Southold was going through now. I .circulated this letter to impress on my fellow members of the Town Board that if there are people who want to explore other avenues that we get started with it because I am very concerned about the length of time involved going to increase the cost of our eventual solution. Also, in the same vein, I received a communications from a firm called Resource Conversion Systems Inc. and it deals with a plant. They have currently two plants in operation, one in Houston, Texas and one in Toronto, Canada that has been in operation for a considerable period of time. Apparently there is a lot of front-end separation, what they call air classification, separating the aluminum which is a lighter metal from the heavier metal. It separates glass, increases the quality ..of. garbage that is put into a incinerator and we discussed it at the Town Board and there will be a resolution authorizing the Solid Waste Committee to go to Toronto to view this plant after we have a discussion with the engineering firm that recommended it to us. DEPUTY SUPERVISOR MURPHY: Councilman Nickles? (Nothing. ) Justice Edwards? JUSTICE EDWARDS: We had a disaster drill for Millstone I over on Fishers Island last Friday and it went extremely well. We had a government observer come down from Portland, Maine and we also had a Northeast Utility observer come in. The observer for the government, this was the seventh drill that he had attended all over the country, and he said that the organization that we had on the Island and South- eastern Connectic ut was one of the best he has ever seen. We still have some problems regarding the evacuation route of the people on the Island which our disaster team- is going to have to take up with the State of Connecticut. One other thing I would like to mention is March 23, 1982 as a twenty-five year ham radio operator and the grandfather of the . Repeaters Operation in Southeastern Connecticut., at the critique that we had Friday night the two meter FM network that was set up in South- eastern Connecticut was applauded for the work that they did, the back- up that they did and also when Northeastern Utility was realizing the use of it and they are going to furnish some of the local talents plus I think they are going to put a station in Millstone I for direct radio contact out of Millstone. It was a drill that was long. It started at five in the morning and went to three in. the afternoon and supposedly they are going to have one every year, year and a ' half or so, but it went well. Thank you.. DEPUTY SUPERVISOR MURPHY: Thank you, Ray, I hope it never comes about that we have to use it . I' d like to announce that there are two expirations of terms . One for 'a member of the Board of Appeals,- a five year term that expires April 30, 1982 , for Gerald Goehringer , and one for a Planning Board member, five year term, expiring April 30, 1982 (James Wall) . We will accept resumes up until April 15th. We will make the appoint- ment at the next Town Board meeting. Resumes to go to the Town Clerk. As the Supervisor' s representative I went to the Suffolk County Supervisor ' s Meeting. On the agenda was the relocation of- the Suffolk County Court complex from Riverhead. There was tremendous opposition, naturally, from the five east end towns and quite. a bit of support from the supervisors of the west end towns, mainly Ken Butterfield from the Town of Huntington who wanted to be sure that the east end towns were considered and the impact that this would have in moving . . this and in deciding any new location. Another very interesting project "came out of this and it ' s the setting up of a research center using the universities on the Island. The towns will` hawe to supply a little bit of " seed money and Suffolk County, not very much to get this started, but what he will do is he wil :';use_,the .talent and various professors from the various;.universiti'es to. `do basic research. One of the big things that they would be doing. if ;they got this thing started is looking into the relocation of the court complex. It would be -a very good subject. On the East End Supervisor' s Association thero,jis a very interest: ing proposal for the towns to become self insured as_,-far a.s t:helr: heal insurance. This will be presented to the town. I attended a meeting for Bill on Friday night of the .Coast Guard Auxiliary and they' re requesting the use of some .property the Town owns in Mattituck down near the Old Mill, the Anchor Inn Restaurant . was, and we will cooperate with them. They will, provide service, a search and rescue and patrol service on the Sound for the summer months. It ' s a very good and a tremendous addition to the safety of 'the people here. There will be a public informational meeting, it will be posted in the papers and on the Town Clerk' s Bulletin Board,o on input concern- ing two family conversions of houses. We would like as much input. It will be on the 13th of April at 7: 30 in here. It'"s not an official public hearing, it' s just to receive input from people. We would like as many comments before we make a decision. We are getting to a' point where the Zoning Board of Appeals really feels that something should be done soon and as I said it ' s a heck of a lot better to do it before we have the gun to our heads. COUNCILMAN MURDOCK: I' d like to clarify just one thing with the .-Coast Guard. I think we should emphasize that it is the Coast Girard Auxiliary flotilla that will be providing the service out of Mattituck, not the Coast Guard itself. DEPUTY SUPERVISOR MURPHY: - There will be quite a bit of publicity on it . The Coast Guard is doing the control, they will handle the operation of insurance and the money and it will be the Auxiliary members and their boats using our property. II . PUBLIC NOTICES COUNCILMAN NICKLES: 1. Notice from the Corps of Engineers, application by Dr. Robert I. Kaplan for a groin extension in Southold, located over at Cedar Beach on Little Peconic Bay. Comments to the Corps of Engineers by April 6th. 2. From the Corps of Engineers,_ an application by Fishers Island Ferry District to reconstruction and maintain an existing docking facility in Silver- Eel Pond. Comments by April, 5th. March 23, 1982 91 3. From the New York State Department of Environmental Conservation, Notice of Complete Application by Charles Cuddy for Robert C. Nelson to subdivide 2. 5 acre parcel into two parcels which is located on the south side . of Goose Creek. Comment date on that is March 31, 1982. 4. Notice of a hearing which was to be held on March 18th , and has been postponed to Thursday, April 29th at 11: 00 A.M. at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport and will be continued if necessary on Friday, April 30th. Petitions are Sunrise Coach Lines , Inc. to operate 'a bus line from the Village of Greenport to the City of New York and the second petitioner is Hampton Jitney, Inc. to operate a bus line from the Village of Greenport to the hamlet of Manorville. III . COMMUNICATIONS DEPUTY SUPERVISOR MURPHY: 1. Street light request (Nancy Lillis) which will be taken care of. This has been approved under policy of the Street Light Committee. . 2. Letter from Legislator Gregory Blass asking for our comments on the inclusion of Suffolk County in rent stabilization. The Town Board will send a letter to him stating our feelings. 3. Petition from several people concerning Horton' s Point Lighthouse property. This will be given to Superintendent of Highways Dean to look into and see what can be done, and the Police Department. 4. Some time ago the Town Board tried to, get a light down at Boisseau Avenue and now we are not getting a light I guess but they have put some No Parking . signs,. No Standing signs At Any Time and it has an effect on one of the businesses there (Southold Liquor Store) and we will see if we can help them. 5. Letter from the Internal Revenue Service offering tax assistance to people. We are going to make copies of this and send it to the various senior citizen ' s clubs to include in their projects and announcements. 6. Letter from Isabelle Doyle, Senior Citizens Club Mattituck Unit thanking the Town Board and stating how nice the work went on and how good the improvements were in the Senior Citizen/Youth Center. The heating there has been a big improvement this winter, just. the bills alone. 7. Letter concerning policing the shoulders of the road (Albert A. Abersmith) will be turned over the the Superintendent of Highways. V. RESOLUTIONS 1. Moved by Councilman Townsend, seconded by Councilman Murdock, WHEREAS, E. M. Kontokosta, for Jem Realty Co. (owner) by applica- tion dated January 25 , 1982 applied to the Southold Town .Board a permit to excavate sand, gravel, stone or other materials from premises located on the northerly side of Main Road, Greenport, New York, bounded generally northerly by Long Island Sound, easterly by Brecknock Associates, southerly by Route 25, and westerly by P. Sinuta, Town of Southold and others, and WHEREAS, the Town Board held a public hearing on said application on the 9th day of March, 1982, at which time all interested persons were given an opportunity to be heard, now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to issue a permit to E. M. Kontokosa, for Jem Realty Co. (owner) for the excavation of approximately 30, 000 cubic yards of sand, gravel, stone or other materials from the above described premises, subject, however to the following terms and conditions: 1. The land between the proposed northerly line of the proposed. excavation and the Sound bluff which was previously excavated with- out a permit be restored to its original condition before any; excavating operations on the remainder of the property commence. 2. The excavation and rehabilitation operations take place only on those areas shown on the rehabilitation plan. filed with the Town Board. 3. A performance bond in the amount of $10, 000. 00, or cash in the amount of $10, 000. 00, be. posted t.o guarantee rehabilitation. 4. All operations be completed by May 31, 1982, including the seeding .of the site. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock. Abstain: Councilman Nickles . This resolution was declared duly ADOPTED. 92 `` March 23, 1982 2. Moved by Councilman Murdock, seconded by Councilman Murphy, WHEREAS, Joseph J. Lizewski, by application dated December ` 1.1, 1981 -petitioned the Town Board of the Town of. Southold for a change of zone on certain property situated at Cutchogue, New Yorke, from "A" Residential and Agricultural District to "B" .Light Business District, and WHEREAS, the 'said petition was referred to the Southold Town Plan- ning Board and the Suffolk County Department of Planning: for . official- recommendations and reports, and WHEREAS, the Town Board, pursuant to due notice. held a public hearing. thereon on the 9th day of March, ' 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 Joseph J. Lizewski be and hereby is granted the relief- . . _ demanded ' in said petition for the following reasons: 1. This is a logical extension of the business district.. 2. The neighborhood .is comprised of mixed- non--residential uses. 3. The. uses allowed in a. "B" Light Business District would. not be out of character with the existing uses in: the neighborhood-.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, ' Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 3. Moved by Councilman Nickles, seconded by Justice Edwards, it was (c. ) RESOLVED that the Town Board of the Town of Southorld accepts the proposal of Briarcliff Landscape Inc. for a "Total Years Lawn and Shrub .Program" at the Southold Town Hall, Main° Road, Southold, at a cost of $679. 00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED, 4. Moved by ,Justice Edwards, seconded by Councilman- Nickles, it was RESOLVED.,that the application of Martin Sidor, dated`Febru-ary 10, 1982 , for permission to maintain a single family trailer on his property located at south side, of Oregon Road, Mattituck, .New York, be and hereby is renewed for a six. (6) month period. i Vote of the Town Board: Ayes: Justice Edwards,. Councilman Townsend, ,,,Councilman Murphy, Councilman Murdock, Councilman Nickles . This resolution was declared duly ADOPTED. 5. Moved by Councilman Murdock, seconded by Councilman Townsend, it was, RESOLVED that pursuant to Article 8 of the Environmental Conservation Law State,.Environmental Quality Review and 6NYCRR Part 617, Section 617 . 10 and Chapter 44 of the Code of the Town of 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. for Kathri-ne Farr for a wetland permit to construct 13 ft. and 41 ft. sections of bulkhead, 70 ft. by 6 ft. and 40 ft. by 6 ft. floating docks, and dredge an area 40 ft. by 20 ft. to. 4 ft. below MLw at the west side of Manhanset Avenue, Sterling Creek, Greenport, 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. This resolution was declared- duly ADOPTED. 6. Moved by -Councilman Townsend,- . seconded by Councilman Murdock, 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 Enconsultants, Inc. for Anthony E.. Vallace for a wetland permit on certain property located on the corner of Nassau Point Road and Old Cove Road, Nassau Point, Cutchogue, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. t March 23 , 1982 93 7. Moved by Justice Edwards, seconded by Councilman Nickles, it was RESOLVED that the Town Board of the Town of Southold set 3: 00 P.M. , Tuesday, April 6, 1982, Southold . Town Hall, Main Road , Southold, New York as time and place for hearing upon application of Cheryl Pagnozzi for a permit under the provisions of the S!'etland Ordinance of the Town of Southold to construct a float, ramp, catwalk and four mooring piles at Jockey Creek, off of the south side of Jockey Creek Drive, Southold, New York. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 8. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold set 3: 05 P. M. , Tuesday, April 6, 1982, Southold Town Hall, Main Road, Southold, New York as time and place for hearing upon application of Friedrich Krug for a permit under the provisions of the Wetland Ordinance of the Town of Southold to replace timber bulkhead and backfill with clean sand fill to be trucked in from upland source at Budd' s Ppnd, off Budd' s Pond Road, Southold, New York. Vote of the Town Board: -Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 9. Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to enter into an agreement with the State of New York , Division of Substance Abuse Services­f'or a Drug Abuse Prevention Council Grant in the amount of $3, 000. 00. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 10. Moved by Justice Edwards, seconded by Councilman. Nickles, it was RESOLVED that the application of Walter and Frank Sawicki, North. Road, Southold, New York, dated March 11, 1982, for permission to locate a single trailer on their property located at the north side of Old North Road, Southold, New York be and- hereby is Granted for six (6) month period. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 11. Moved by Councilman Murdock, co-sponsored by Councilman Murphy, and seconded by Councilman Townsend, WHEREAS, by resolution dated June 3, 1981 the Southold Town Board indicated its support for the preservation of Robins Island in its natural state, and WHEREAS, the Board believes that the preservation of the Island is a regional concern and that the Island' s preservation would be a benefit to the entire region, and WHEREAS, the County of Suffolk has established 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, and WHEREAS, the Long Island Chapter of Nature Conservancy has by letter dated March 3, 1982 stated its willingness to manage the Island, and has agreed "to undertake at its own expense, a preserve design program immediately upon passage of the home rule message by the Town of Southold", and WHEREAS, the County Executive has indicated his willingness and desire to seek County acquisition of the Island and dedicate the same to .the Nature Preserve, and to enter into an agreement with the Nature Conservancy for its management, now, therefore, be it RESOLVED that the Town Board does hereby g.o on record as favoring and hereby gives its consent to the acquisition of Robins Island by the County of Suffolk, and the permanent preservation of the Island through dedication to the County Nature Preserve and manage- ment thereof by the Long Island Chapter of the Nature Conservancy at no expense to the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards, . Councilman Townsend , Councilman Murphy, Councilman Murdock. No: Councilman Nickles . This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR MURPHY: I would' like to say at this time I ' m very sorry that Bill Pell isn' t here. Bill has worked very hard for this over the year since it .really came to a head and he told March 23, 1982 me to pass on the word that he hoped that it would pass today and he ' s very glad that it has you can be assured. I would like to wish all of those who worked so hard good luck in their future endeavors . You' ve got a long road ahead. COUNCILMAN MURDOCK: I would also like to make one comment. I would like to thank Henry Berger for ' the effort that he put in co-relating the County Executive' s Office and Nature Conservancy in bringing the two parties together and assisting mein getting the language worked out so that we could all agree on a program that I hope is the optimum for the Town of Southold. I firmly believe, however, that nothing pleases all people. But I hope history proves that this was the best method available and I again would like to thank Henry for all of his efforts. DEPUTY SUPERVISOR MURPHY: We will hold Resolution No. . 12 and seek input from the Trustees and Baymen on other suggested amendments to the Shellfish Ordinance. 13 . Moved by Justice Edwards, seconded by Councilman Murdock, it was RESOLVED that the .Town Board of the Town of Southold grants permission to the Cutchogue Fire Department to use Town Roads. for formation and their 15th Annual Parade and Drill to be held on Saturday, 'July 17, 1982 at 6: 00 P. M. (raindate Sunday, July 18, 1982 at 2: 00 P. ib'. ) , provided they secure the necessary insurance to hold the Town of Southold Harmless. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles . This resolution was declared duly ADOPTED. 14. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the _Town of Southold will hold a public hearing at the Southold Town Hall, Main. Road- ` Southold, New York on Tuesday, April 20, 1982 at '3: 30 P.M. , at 'which time and place all interested persons will be giwen. an opportunity to be _heard upon the following matter: "A Local Law.,to_.amend Chapter 92 of the Code of the Town of Southold in relation-.. to traffic. regulations" , which reads as follows: Be it enacted by the Town Board of the Town of- Southold as follows: Article. IV of Chapter 92 of the Code of the Town of Southold is hereby amended as follows: f. I. By amending Section 92-42 thereof by adding thereto the . following: , Between the Name of Street Side Hours of Location Shipyard Lane Both 10: 00 P.M. & In East Marion from the 7: 00 A.M. guardrail at the southerly terminus northerly for a. distance of 160 feet . II. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman- Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 15. Moved by Councilman Murdock, seconded by Councilman Nickles, it was (a) RESOLVED that the Town Board of the Town of Southold' 'create the position of Executive Administrator to the Supervisor/Town Board, who will assist in planning coordination and perform administative studies and assignments in the .management of departmental operations of the Board of Appeals, .Planning Board, Building. Vote of the Town Board: Ayes: Justice Edwards; Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles, This resolution was declared duly ADOPTED. 15. Moved by Councilman Murdock; seconded by Councilman. Nickles, it was (b) RESOLVED that the Town Clerk be and she hereby is authorized and. directed to advertise for resumes for 'the positlon' bf' Executibe' Administrator to the Supervisor/Town Board, stating a salary of.. up to $18, 000. 00 and specify that resumes are to be received by the Supervisor no later than April 30, 1982. Vote of ,the Town Board: Ayes: Justice Edwards, Councilman Townsend , Councilman Murphy, Councilman Murdock, Councilman Nickles_ This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR. MURPHY: The next one we are going to hold, Resolution No. 16. What , it was is the volunteering of a senior. citizen ;to go into a .resuscitator in the Senior/Youth Center and J }. - , March 23 , 1982 95 SJ. r rli we would like to question him„ first on the legality of it. But, we certainly do appreciate his effort's"' in" ,Volunteering to do this. 17 . Moved by Councilman Mur_ahy, seconded by Councilman Nickles, it was RESOLVED that the Town Board of -the,-Town of Southold accept Letter of Credit 00182 from The North Fork Bank & Trust Co. , Mattituck , New York in the amount of $325, 000. 00 as 'a ONE YEAR performance bond by Ronald Reese, Christine Reese and Harold Reese , Jr.. for roads and improvements in the subdivision known as Grandview Estates at Orient, New York. Vote of the Town Board: Ayes:: Justice Edwards , Councilman Townsend, Councilman Murphy, Councilman Murdock-, Councilman Nickles, This resolution -was declared duly ADOPTED. 118. Moved by Councilman Murdock, seconded by Justice Edwards, WHEREAS,. the tidal waters and tidal wetlands adjacent thereto are among the most valuable natural resources of the Town of Southold, and WHEREAS,: it is the public policy of the Town of Southold to take such action as deeded necessary to protect and preserve its tidal waters and tidal wetlands for their conservation, economic, aesthetic, recreational and other public uses and values, and WHEREAS, in the Town of Southold, in the recent past, petroleum products stored in petroleum storage facilities located in close proximity to tidal waters have been permitted to _be discharged into the adjacent tidal waters, as a result of defective equipment and/or carelessness or mismanagement of the owners and/or operators of such facilities, and WHEREAS, the potential danger of future discharges of such products ° into the tidal waters and tidal wetlands of the town will continue to exist if such facilities are permitted to be located near such tidal waters and tidal wetlands, thereby threatening the quality of such waters and wetlands, as well as endangering fish, shellfish, aquatic wildlife and beneficial marine organisms , and WHEREAS, the Town Board believes that to protect its tidal waters and tidal wetlands, and the marine life contained -therein., against such future discharges that petroleum storage facilities should not be located within 1, 000 feet of such waters and wetlands,-- and WHEREAS, the Town Attorney has drafted a proposed Local Law, which amends Section 100-114 of the Zoning Code to provide that petroleum storage facilities should not be located with 1,000 feet of tidal waters and tidal wetlands, which Local Law has been presented to the members of the Town Board at this meeting. .NOW, THEREFORE, IT ,IS RESOLVED AS FOLLOWS: 1. That the Town Clerk shall transmit a copy of said proposed Local Law and a copy of this resolution to the Southold Town Planning Board, and shall, in a written request, instruct said Planning Board to prepare an official report with its recommendation pursuant to and in accordance with Section 100-150 of the Town Zoning Code. 2. That the Town Clerk shall transmit a copy of said proposed Local Law and a copy of this resolution to the Suffolk County Planning Commission for its action pursuant to the provisions of the Suffolk County Charter. SAID PROPOSED LOCAL LAW TO READ AS FOLLOWS: A local law to amend Chapter 100 of the Code of the Town of Southold in relation to petroleum storage facilities. BE IT ENACTED by the Town Board of .the Town of Southold as follows: Chapter 100 of the Code of the Town of Southold is hereby amended as follows: Section 1. By amending Section .100-114 (Prohibited uses in all Districts) by adding thereto a new Subdivision J, to read as follows: J. Storage of Petroleum Products. Notwithstanding any other .provisions of this Chapter, storage facilities, with a total combined capacity of more than 20, 000 gallons, including all tanks, pipelines, buildings , structures, and accessory equipment designed, used or intended to be used for the .storage of gasoline, _fuel oil, kerosene, asphalt,. or other petroleum products shall° not be located within one thousand (1, 000) feet of tidal waters or tidal wetlands. Section 2. This Local Law shall take effect immediately. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, . Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 19. Moved by Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of Southold hereby determines, upon recommendation of the Southold Town Trustees. 96 March 23, 1982 and Southold Town Conservation Advisory Council, that a permit is' not required for Wetland Application No. 82 by Enconsultants, Inc . on behalf of Matt-A-Mary Marina, and be .it further RESOLVED that the filing fee of $25 . 00 for said Wetland Application No. 82 be returned to Enconsultants, Inc.. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. 20. Moved by Councilman Murdock seconded by Councilman Nickles, it was RESOLVED that the Southold Town Board Landfill Committee consisting of Councilman Murdock, Chairman, Councilman Murphy and Councilman Townsend, and Superintendent of Highways Dean be and hereby are authorized to travel to Toronto, Canada 'to view Resource Conversion Systems, Inc. municipal solid waste plant, and that the necessary expenses for travel, meals and lodging shall be a legal charge against the Town of Southold. Vote of the Town Board: Ayes: Justice Edwards; Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles . This resolution was. declared duly ADOPTED. 21. Moved by Councilman Nickles, seconded by Councilman Murdock, WHEREAS, this Board has learned with deep sorrow of the death of Norman E. Klipp, and WHEREAS, in his service to the people of the Town of Southold as Town Justice From 1934 through 1946, Supervisor from 1947 through 1959, and Suffolk County Clerk from 1960 through 1968, Mr. Klipp distinguished himself as a dedicated and conscientious public servant, now, therefore,' be it RESOLVED that the Town Board of the Town of Southold hereby gives formal expression of its loss in the death of Norman. E. Klipp, a man esteemed by his associates and respected by all, and be it further RESOLVED that when the Town Board adjourns this day, ' it does so out of respect to the memory -of Norman E. Klipp, _and;:be' it further RESOLVED that a copy of this resolution be spread upon the minutes of this Town Board meeting and a copy be . transmitted to the family of Norman E. Klipp that we may extend to them our '."sincere sympathy. Vote of the Town Board: Ayes: Justice Edwards, 'Councilman :Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. DEPUTY SUPERVISOR MURPHY: That ' s the -end of the resolutions. I 'd like to ask the Councilmen if they have anything further to say, starting with Joe Townsend? (No:, thank you. ) Larry? (After the public gets finished I would like to make one comment . ) John? (Not at this time Ray? (Nothing. ) I' d like to open it up to the floor if anyone would like to say something? Frank Bear. MR.. FRANK BEAR: This is a landmark day in our effort to save Robins Island. I want to speak not only on behalf of myself. but I 'm sure on behalf of all of those who have been working on this. project. A sincere thank you to the members of the Town Board for passing this resolution today. This is an effort, as you know, that goes back more than two years. We have gone step by step to the Robins Island Advisory Committee, the resolution which was proposed by Councilman Murphy for placing the Town Board on record and approving the preservation of the Island in its natural state, the resolution which was presented some time ago by Supervisor Pell for preservation of the Island, and for the consideration that has been given this by all 'the members of the Town Board, Councilman Murdock, Councilman Townsend and Justice Edwards for the work that they have done. I 'm sorry that that Councilman Nickles doesn' t feel that he can go along with us but he has a right to his opinion. We intend now to proceed in our effort to bring this matter before the Legislature of the County and to raise the money necessary for the management of this Island. We ' re confident that we' re going to succeed in this effort, although time seems to pass a lot_ faste.r than we would like. We do appreciate what has gone on here today, for the support that has been given ever since the beginning of this by the Supervisor and by Councilman Murphy and. the support that has been given here today by the gentlemen who voted for this. Thank you very much. MRS.. M. J: PAUL: I certainly ditto whatever Frank said- and also I would like to add that for those of you that feel that perhaps the community would be better served--for the few of you. who feel i March 23, 1982 .' .. ' 97 that way--with Robins Island developed _`%l can only say, ask your grandchildren.. In my chi ldhood``I, gr'e",v' up in my grandf.ather"' s home on Mattituck Creek and I fished, clammed, swan in unpolluted waters and we all know what happened over the years. It ' s very likely with your resolution, it ' s courageous':..,historic-, .today that our grand- children will never have to face that pollution when they swim off Robins Island. If you don' t have any grandchildren to ask, ask. someone elses. They' ll thank you for it. Now I would life to give each one of you a Save Robins Island bumper sticker . It never hurts to advertise. I hope you' ll but them on the back of your cars. Thank you very much, DEPUTY SUPERVISOR MURPHY: Thank you, M. J. Anyone else care to comment at this time? Councilman Murdock had something to say. COUNCILMAN MURDOCK: I would like to comment a little on what I consider; the entire spectrum of Robins Island, but at any rate the entire spectrum of Robins Island. The connotation that I object to very strongly that has been fostered in the newspapers-- I don' t know if the newspapers foster what they hear on the street or the street is hearing what is fostered in the newspapers, but I as a member of the Southold Town Republican Committee know of at . no time that the Southold Town Republican Committee every expressed an opposition to the preservation of Robins Island. I will agree and I will agree wholeheartedly that individual members of the Committee did resent or worked against this effort. I also respectfully submit to everybody concerned that there were members of the Southold Town Democratic Committee, up to and includ- ing their Vice-Chairman, who were opposed to the preservation of Robins Island and worked just as diligently within their own party. I don' t think an issue like Robins Island should have been labeled a political issue. I : still don' t feel it ' s a political issue and I would like at some point, somewhere that the record show that the people of the Town of Southold labored long and hard together for a solution to the problem as opposed to a politically sponsored program because I certainly don' t feel it was politically sponsored nor were my motives--speaking for myself--I know my motives were not politically inspired and it made the work harder for people involved when it was given labels that were not earned. Thank you, Frank. DEPUTY SUPERVISOR MURPHY: Anyone else care to say anything? - John. COUNCILMAN NICKLES: I would like to make a few comments on Robins Island. I think everybody clearly understands where I ' ve stood on this issue for the last two years. I suppose I' ve been labeled a developer or. something like that but I 've always been for preserva- tion, not for total preservation, but for limited development so that we could preserve our tax base and . at the same time preserve those areas on Robins Island that are fragile. I don' t think it is necessary at this point in time to restate my position but I would like to offer my congratulations to the Save Robins Island Committee. I know they have worked hard, but they' ve been persistent . They came back to the well as often as was necessary and . I hope they- at this time what they want . I would add one other comment, I wish them luck with the County and I hope they don' t have to come back to this Town Boar.d again, because I .feel that this issue in many cases has been an emotional issue and has obscured many things that are important in this Town besides Robins Island and I hope we can get on and do the business of the Town. Thank you. DEPUTY SUPERVISOR MURPHY: Thank you, John. Anyone else care to comment?- (No response. ) Moved by Councilman Nickles, seconded by Justice Edwards, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be .called at 3: 55 P.M. Vote of the Town Board: Ayes: Justice Edwards, Councilman Townsend, Councilman Murphy, Councilman Murdock, Councilman Nickles. This resolution was declared duly ADOPTED. a udith T. Terry Town Clerk