HomeMy WebLinkAboutTB-08/18/1982-FI 226
SOUTHOLD TOWN BOARD
FISHERS ISLAND
AUGUST 18, 1982
WORK SESSION �
12 : 30 P .M. - The Board reviewed agenda and off agenda. items and
audited outstanding bills .
A Regular Meeting of the Southold Town Board was held on
Wednesday, August '18,' 1982 at the Fishers Island School, Fishers
Island, New York. . Supervisor Pell opened the meeting at 1: 00 . P.M.
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
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C. Dean
Absent : Councilman Joseph L. Townsend, Jr.
SUPERVISOR PELL: Good afternoon. We are happy to be over .ere
again and thank you for .arranging the lovely weather. We did -lose
a propeller half way over and had to drift , and I don' t..,know if I
am going to go back on the same boat or what . We made 'it .the last
part of the way with one blade missing so I guess it will .t;ake us
back home, perhaps not quite as fast , bit it will get us .there.
What I would like to do today is run through our entire agenda,
then introduce the guests that are here with your Town Board today
and after that I will ask a couple of guests to say a few words
and after the meeting breaks up the guests will hang; around, be
here and you can zero in on any of the fields they represent to
your heart ' s content. At this time I would like to introduce your
Town Board to you. On my right Councilman John Nickles , next to
him Councilman Larry Murdock, next to him Councilman Frank Murphy ,
next to him your Judge, Judge Edwards , next to him Town Attorney
Robert Tasker. To my extreme left is the one and only Judy Terry ,
our Town Clerk. Thank you very much'.
First order of business is approval of the minutes of August
3rd.
Moved by Councilman Nickles , seconded by Councilman Murdock, it was
RESOLVED that the minutes of the 'August 3,* '1982 meeting of the
Southold Town Board be and hereby are approved.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Murphy , Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Next the audit of bills , Town bills. We usually
"'do this once a month- but the first of this month. was so quick, all
the bills were not in, so instead of making the vendors- of the Town
wait until the next month. we are approving abouy $12,000. 00 worth
of bills today .
Moved by _Councilman Murdock, ..seconded by..Councilman Murphy, it . was..
RESOLVED that the following 'audited bills be and hereby are ordered
paid: General Fund Whole Town bills in the amount of $12 , 201. 56;
General Fund Part Town bills- in the amount -of $9, 759. 94; and Federal
Revenue Sharing bills in the amount of. $80. 00.
Vote of the Town Board: Ayes: Justice Edwards ,- Councilman Murphy,
Councilman Murdock, Councilman Nickles, Supervisor Pell.
This -'resolution was declared duly ADOPTED.
AUGUST 18, 1982 227
I'. REPORTS
SUPERVISOR PELL: The next is 'Councilme'n reports . The Councilmen
all have direct responsibilities to the different committees that
they serve on . Each is prepared to make a report on the committee
they serve on. First will be Councilman Nickles .
COUNCIL`IAN NICKLES : Bill, I just have a short report on Parks` 'and
Beaches . I had a meeting yesterday with Mr. Muir who is the rep-
resentative on behalf of the Town and the park districts in Southold
Town for the operation of our Town beaches relative to scheduling of
lifeguards and we have a problem and we 've had this- problem over the
last few years-. , So many of our lifeguards once they get into their
senior year in high school and they ' re going onward into college ,
start college so early they' re not here for the Labor Day weekend,
Anybody that employs college people knows this when you' re in business .
They lose them on one of your biggest weekends , so unfortunately we' re
going to have to close-.-and I ' d like the press here to make note of
this--we ' re going to have to close Kennys Beach, on Long Island Sound,
on August 19th whi.ch. is tomorrow. We ' re going to have to close Goose
Bay Beach, on Southold Bay , on September 3rd, and Gull Pond is going
to be closed for one day. August 27th , but it will reopen after that .
Providing we don' t have any other problems with losing lifeguards
we will be able to maintain all of our beaches open except for the
exceptions. I ' d also like the Chief to take note that he should
inform the police officers that work for him that these beaches
are closed and kind of check it a little bit extra. We did take
into consideration over in the Kennys Beach area there are two
beaches , McCabes Beach and Kennys Beach and we .felt that McCabes
Beach , which is a better beach in terms of the grade and so forth,
was the beach if we had a choice to keep open, so for those gentle-
men from Kennys Beach, that ' s why we ' re closing Kennys as opposed
to 11cCabes . We think it 's getting more traffic on it and it 's more
enjoyable and more usable. Thank you.
SUPERVISOR PELL: Thank you very much. The next one is Councilman
Larry Murdock, Larry?
COUNCIL11AN MURDOCK: One of the committees that I chair. is called
Cndp EnforrPment... We in the Town of Southold have had a little
problem that has been vexing the people here on Fishers Island as
well as our own people . I 'm sure people who are not interested in
putting additions on a home or building a new home are finding a
much better response time in terms of getting permission of the
Planning Board and Zoning Board of Appeals and the Building Depart-
ment. This has been an ongoing thing for two years . Was given
time chairmanship this year. The Town Board has placed a representative
of the Town as Administrative Assistant to the Board in a position to
co-relate the three departments and I feel for one that we' re making
progress , I 'm very sure almost everybody who ' s involved here on the
Island sees a speed-up or a more quicker response time. Certainly
this year I stepped off the Board and I didn ' t have people telling
me they had to get construction stated, that they had been a year
and a half or a year waiting and it 's getting to the end of the year
and they want permission to put their footings in, Our three depart-
ments are working much. more cohesively. We have a gentleman in the
room---I ' ll steal some of Bill 's thunder and introduce Victor to
everybody---the man we appointed was Victor Lessard; although he
might not be in the room, I ' ll have to look around. He' s over here
doing some work already.
SUPERVISOR PELL: He 's with the Planning Board. The Planning; Board
has a meeting.
COUNCILMAN MURDOCK: They are out again. We' re still a long ways
away. We still have a lot of code to have public hearings and
change our town laws on, but we have achieved a better. working. .
relationship so far. Of course , our famous committee 'of 'the Land-
fill , to which Frank Murphy was addedttb the committee, Joe ownsend.
Frank Murphy and Ray Dean went to a seminar on sewer sludge and
composting. We ' re going to have some demonstrations on that . Joe
Townsend and I went up to Toronto to see about how to handle garbage
more effectively, not necessarily burning, but processing before
burning. We feel very confident within a period of three to five
months we ' ll probably be making a recommendation to the Board about
some measures . Of course that pertains mostly to the mainland
portion but I think some of the things we have learned and will
put into effect can be adapted to Fishers Island because as you
228 AUGUST 18 , 1982
know you' re starting to have a couple of little landfill problems
yourself between the pit up there . Thank you.
SUPERVISOR PELL : Thank you. The next one is Councilman Frank Murphy.
COUNCILMAN MURPHY: Thank you, Bill . Again it is a pleasure to be
here. I ' d like to add a little more to what Larry said. Through
the cooperation of the Highway Superintendent Ray Dean who also
wears the hat 'of Public Works Commissioner, we are establishing;
a composting program in the Town and also a volume reduction of the
amount of material going into the landfill. We expect to be able
to reduce it 50 to 607p, which will be a tremendous saving as well
as composting the sewer sludge and Ray and his department are doing
a fantastic job and it really is good to have the cooperation between
the various units of local government. Also, last year I mentioned
how we were going to start a seed clam p'rogram. Well, it has gone
very well . We ' ve had over 8 urvival rate. The clams are growing
far faster on the North Shore I guess because of salinity--we still
really don ' t know--and water temperature, we ' re probably 25 to 30%
faster than the South Shore where this program has been going; on for
years. We ' ll have almost a marketable clam from seed in one year and
this is fantastic and hopefully it will go a long ways towards restock-
ing our creeks and one of the nicer aspects of it was that one of the
local high schools, in their shop classes , built these rafts for the
Town and this again is another example of cooperation between people
in the Town and we ' re very proud of it . One last thing, the Suffolk
County Commissioner of Public Works is here and we' re having a problem
of getting enough fill in Southold Town out of the landfill. We 're
rapidly running out of it. Suffolk County is building a 's'ump in
Southold Town and this is one of the first times that i.t was included
in the bid that the material , ' the surplus" 'material 'from the sump , which
amounts to quite a bit , will be delivered down to the Southold Town
Landfill. We certainly appreciate his cooperation and it ' s ,great .to
have and thanks again.
SUPERVISOR PELL: Thank. you, Frank. Next, the man who serves on all
committees , all, representing your Island, Judge' Edwards-.
JUSTICE EDWARDS : I just want to welcome the Board to`.°our,.:f ,7,M- '7s7ar.d
and I 'm not very active on any of the committees over. there, ._l. .do get
my hands in when I can but I ' ll just let the people do tYietr .talking
after the meeting because I know they ' re going to hay.6''a .lot :of
questions and I try to -handle as many as I. can but there' s -a "lot of
them and so we ' ll let it go at that. Just to fill in, sitting on
the Board for-th.e past three or four months I head the word sump
come up and I didn ' t know what the heck sump was until the rains
came in the spring and then I found out that when they have flood
problems over there they just dig a big home and put a fence around
it and let all the water run off into it . So that 's what Mr. Murphy
was talking about when he mentioned sumps. We have a couple of
problems on the Island where we can have some sump_ s over here too.
Thank you.
SUPERVISOR PELL: Thank you, Judge. The one committee that I' do
chair is the Police Committee. We have two constables as you are
well aware here on Fishers Island as well as two state police
during the summertime plus a bay constable and I would like to
report many of you people do call the Town Hall and talk to me at
different times throughout the summertime especially and in the
conversation I always work in the words , "How are the state police?"
I would like to report to the state police at this time that the two
state police that you have here I have not had one citizen, riot one,
make a complaint that they' re not doing their job. To me that is
a reward, and the Major who is sitting in back of the room who I
will introduce in a little while, but Major the two men here are
doing; one heck of a job and we appreciate them being here.
Going on to Public Notices , there is - one Public Notice I would
like to have read at this time. Councilman Murphy,
II . PUBLIC NOTICES
COUNCI LtiIAN MURPHY: We have one notice . An appli cat i on by David
n.J. Salad by Enconsultants , Inc. to place 950 cubic yards of clean
fill on property in preparation for one-family dwelling, driveway
and sanitary system. The home and decking will project approximately
10 feet into the existing tidal wetlands and the sanitary system will
be approximately 70 feet from tidal wetlands . None of the Tidal
Wetlands Land Use Regulations setbacks can be met . The project is
AUGUST 18 , 19.82 229
located on the south side of Nokomis Road'sat the intersection with
Minnehaha Boulevard, : Corey-...Creek,,. ;B;ayvi:ew,: _.,- ;..Comments no later than
August 25th to the New" York State`'hepartment of Environmental
Conservation at Stony Brook . The notice is always posted on the
Town Clerk 's Bulletin Board. Thank you.
SUPERVISOR PELL: Thank you. The next order of business is called
Communications. These are letters that come in to ,Town Hall and
it ' s a judgment call on -my part to place them on the agenda or
not . These letters that are placed here are ones that I feel are
important to be recorded in the .Town Minutes- as- being received.
III . COMMUNICATIONS
1 . Letter from Gregory' Blass your County Legislator in reference
to Robins Island.
2 . From Fi'shbrs' Island Fire Department , Secretary Dawson,
asking the Town some questions (re : letter from Mrs .' .J... Ripanti
concerning flooding during..severerain -storm. )
3 . From our County Executive 's Office in reference to the
Coastal Barrier Resources' Act which does- i'ncl-ude a plot of land
on Fishers Island. .
4. From the Federal Emergency Management Agency, on the Flood
Elevation Determination which again pertains- to our Township and
Fishers Island which is -part -of it
5. From the Federal Emergency' Management Agency and is an up
date of number III(4) ,
6. From Harold Reese, a developer on the mainland of Southold
Town, in reference to a bond that he is required to put up and would
like the bond reduced. Again, the Board .will have to act on that
next week. These are brough.t to the Board' s attention today, they
will be acted upon, probably, the next time: the Board meets. Some
of these do require Board action. We would perhaps have acted on
some of them today but coming over on the Board--I need a quorum
of four--Councilman Nickles flew' - in , Judge Edwards- was- here, and
I only had three , so I need four for a quorum, so they will be
acted upon probably next Board meeting;.
IV. HEARINGS
SUPERVISOR PELL: There are no hearings today on Fishers Island.
Moving on to Resolutions. We have 16 Resolutions today that require
Board action.
V. RESOLUTIONS
1. Moved by Justice Edwards , seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold accept the
proposal of The North Fork Bank & Trus"t 'Company to undertake the
task of determining the fe'asibili'ty bf the comput'e'rization of.
Town Facilites at a fee of $25 .00 per hour, maximum of 80 hours ;
and Supervisor William R. Pell , III be and he hereby is authorized
and directed to enter into a contract with The North Fork Bank &
Trust Company for the aforementioned feasbility study.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
2. Moved by Councilman Murphy, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold hereby agrees
to contribute one half of th.e .tot al cost , up to but not - exceeding
the sum of $475'.0'0 ; toward the cost 'of' dredging the inlet- to the
pond at wunneweta Pond, Nassau Point, Cutchogue , New York.
Vote of the Town Board: Ayes : Justice Edwards, Councilman Murphy ,
Councilman Murdock., Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
3. Moved by Councilman Murdock , seconded by Councilman Nickles , 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 South-old, notice is
hereby given that the Southold Town Board, as- lead agency for the
action described below, 1�' as determined that the project., which is
unlisted, will not have a significant effect on the environment.
Description of Action : Application of Thomas & Jacqueline Occhiogrosso
for a wetland permit to construct a dock, ramp and catwalk at Corey
Creek Lane , on Corey Creek, Southold, New York..
The project has- been determined not to have a significant effect
230 AUGUST 18 , 1982
on the environment .for the follwoing 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 Murphy ,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
4. Moved by Councilman Nickles , seconded by .Justice Edwards , 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. 'on behalf
of Friedrich Krug for a wetland permit to, construct timber bulkhead
connected to and in line with adjacent existing bulkheads and to
maintenance dredge in front of proposed bulkhead and .place resultant
spoil on adjacent upland at Budd' s Pond, off Budd's Pond Road,
Southold, 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 Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
5. Moved by Justice Edwards , seconded by Councilman Murdock; it was
RESOLVED that pursuant to Article 8 of the Environmental 'Cers esvation
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' p'roj'ect which is
unlisted, will not' have' a 'si:gnificant effect on the environment.
Description of Action: ' Application of Alexander Kaminski for a
wetland permit to construct dock and floating dock and remove exist-_
ing dock from property line at 635 Waterview- Drive, on Goose Creek ,
Southold, New York.
The project has been determined not to have a significant effect
on the environment for th.e 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 Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Councilman Joseph Townsend is on the West Coast on
vacation, that ' s why he' s not with us today.
6. Moved by Councilman Murphy, seconded by Councilman Nickles , 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 Robert J. Munch for a wetland permit
on certain property located at Mattituck Creek, 2790 Westphalia
Road, Mattituck, New York.
Vote of the Town Board: Ayes : Justice Edwards, Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Murdock, seconded by Councilman Nickles, .it was
RESOLVED that the application of Zdzislaw Mikolajczyk, dated August
9, 1982 for the renewal of his trailer permit at private road off
east side of Main Road, Mattituck, New York be and hereby is renewed
AUGUST 18 , 1982 231
for a six (6) month period
Vote of the Town Board:: Ayes:, Just ,ce ..Edwards , Councilman Murphy ,
Councilman Murdock , Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
8. Moved by Councilman Nickles , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold will hold
public hearings at the Southold Town Hall , Main Road, Southold, New
York on Tuesday, September 7, 1982 in the matter of the following;
applications for wetland permits :
3 : 00 P .M. - application of Thomas" '& Jacquel'ine' Occh'iogrosso
for a wetland permit for permission to construct a dock, ramp,
and catwalk at Corey Creek Lane , on Corey Creek, Southold, New York.
3 :05 P .M. - application of Enconsult'ants , Inc. on' behalf of
Friedrich Krug for a wetland permit to construct timber bulkhead
connected to and in line with adjacent existing bulkheads and to
maintenance dredge in front of proposed bulkhead and place resultant
spoil on adjacent upland at Budd's Pond, off Budd' s Pond Road,
Southold, New York.
3 : 10 P .M. application of Alexander -Kaminski for a wetland
permit to construct dock and floating dock and remove existing dock
from property line at 635 Waterview Drive, on Goose Creek , Southold,
New York.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy ,
Councilman Murdock., Councilman Nickles , Supervisor Pell.
This resolution was- declared duly ADOPTED.
SUPERVISOR PELL: There is one p'ers'on 'I 'did not 'introduce' b'e'fore
who just walked in the room, sits with the Town Board all day long
when it meets and he belongs up here with us , that 's Mr.' Raymond
Dean. Ray , will you come up here -and sit with us please? ' Super-
i�ntendent of Highways. When the Town Board meets- all day long he's
with us all day and I think he belongs up here with. us. Thank you,
Ray . Moving on to Resolution No. 9.
9. Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that Supervisor William R. Pell, III be and he h.ereby is
authorized and directed to enter into a Maintenance Agre&ent with
Savin Corporation for the copier machine at Police Headquarters ,
effective July 1, 1982 through June 30, 1983, at a cost of $565 .00.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
10 . Moved by Councilman Murphy, seconded by Justice Edwards ,
WHEREAS , the County of Suffolk and the County of .Nassau together
constituting Long Island, New York, and the Long Island Association
of Commerce and Industry, representing the industrial base of Long
Island contribute in a significant fashion to the production. and
development of parts and equipment necessary for United States
Aircraft Carriers ; and
WHEREAS , Long Island's Prime Contract Awards from the Department
of Defense for aircraft related equipment total well over '$3
billion ; and
WHEREAS , Veterans, Organizations on Long Island support the concept
of naming an aircraft carrier after Long Island; now, therefore,
be it
RESOLVED, that we, the Southold Town Board, -do hereby urge Caspar
W. Weinberger, United States Secretary of. Defense, to name the 'fi'rst
available United States Aircraft Carrier after Lon. 'Ts�land,
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy,
Councilman Murdock, .Councilm an Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: This request is being supported by our County
Executive to ask all the towns to send its resolutions in on this.
QUESTION: I 'm a little confused, but before when you passed the
resolution about the environmental and about the application for
dredging, for a dock and so forth , is that--does that pertain to
the entire Town of Southold or just .South.old. Is the water referred
to different on Fishers- Island?
SUPERVISOR PELL: You' re part of Southold. Town too, Fishers Island.
These are wetland permits . They have to get a wetland permit from
the Town.
232 AUGUST 18 , 1982
QUESTION: Would any dock on Fishers Island need a wetland applica-
tion?
SUPERVISOR PELL: If it is within th.e wetland jurisdiction , - yes ..
QUESTION: What does that mean, wetland jurisdiction?
SUPERVISOR PELL: Who wants to describe it? Any volunteers?
COUNCILMAN MURPHY: Where there is a certain particular variety of
grass growing in the rise and ,fall of- th.e tide . Spartina--and
otherwise you do need a Trustee' s permit to build a dock or extension
if it is into Town waters . It would have to be Town waters-.
QUESTION; What about Town waters versus Fish.ers Island West Harbor
waters?
SUPERVISOR PELL: Let us go through the agenda, get it all done,
then we ' ll open the meeting up and come back and try to answer
your West Harbor question. Okay? We move on to Number 11.
11. Moved by Councilman Murdock, seconded by Councilman Nickles , it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the following transfer of funds within the General Fund Whole Town
Account : From: A1910. 4 - Unallocated Insurance, contractual---
$4 ,000. 00 , To : A1010. 4 - Town Board, contractual---$4, 000. 00'.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
12 . Moved by Councilman Nickles, seconded by Councilman Murdock, it was
(a) RESOLVED that the Town Board of the Town of -Southold. hereby .authorizes
the following transfer 'of' 'funds within the General Fund Part Town
Account : From: B3130. 2 - Bay Constable, personal services--- 256 .00;
To : B3130 . 2 - Bay Constable, equipment---$256 .00.
Vote of the Town Board: Ayes : Justice Edwards, Councilman �Murphy ,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
12. Moved by Justice Edwards , seconded by Councilman Murdock, it was
(b) RESOLVED that the Town Board .of the Town of..Southold.-h_ereby authorizes
the following transfer of funds within the General Fun'd, ;Part Town
Account : From: B3620. 4 Safety Inspection, contractual-:--., 71.00;
To: B3620 .2 Safety Inspection, equipment---$71.00 .
Vote of the Town Board: Ayes : Justice Edwards, Council-man ;Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared .duly ADOPTED.
COUNCILMAN MURPHY: This next resolution deals with. th_e past history
of Southold Town and our Historian is also with. us today and doing
a fantastic job on compiling these records . We ' re finally ready
to go to print or go to bid for printing; these records and hope to
sell them at definitely a profit to the Town.
13 . Moved by Councilman Murphy , seconded by Justice Edwards , it was
RESOLVED that the Town Clerk of the Town.-of Southold be and she
hereby is authorized and directed -to adve'rti's`e 'for- bids- for -a
Contract for the complete printing. and binding--of -fiye.-hundred
copies of Liber D, Volume III of 'the Southold Town Records-.
Specifications for same are available in the office of the Town
Clerk; bid opening September 9, 1982 at 10 :00 A.-M.
Vote of the Town Board: Ayes : Justice Edwards, Councilman Murphy ,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
14. Moved by Councilman Murdock, seconded by Councilman Nickles , it was
(a) RESOLVED that the Town Board of th.e Town of Southold amend their.
Resolution No. _11 adopted on July 20, 1982 authorizing th.e Muscular
Dystrophy Association to use Southold Town roads to conduct a
Bike-A-Thou on September 12 , 1982 to September 18', 1982.
Vote of the Town Board: Ayes : Justice Edwards, Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
AUGUST 18 , 1982 233
14. Moved by Councilman Nickles , seconded by Councilman Murdock, it was
(b) RESOLVED that the Town Board of the Town of Southold grant permission
to the Muscular Dystrophy Association to hold its 1st Annual "Anything
Goes Comnetition"' on September 19 , 1982 at Kennys Beach, Southold, at
11 :00 A. M. , provided they secure the necessary insurance to hold the
Town of Southold harmless .
COUNCILMAN NICKLES : I raise the question should we be doing this
if the beach is going to be closed---it will be closed anyway then-
ok ay.
Vote of the Town Board: Ayes : Justice Edwards, Councilman Hurph.y,
Councilman Murdock., Councilman Nickles , Supervisor Pell,
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: We have Numbers 15 and 16 , . what we call add-ons ,
one of them came in by telephone yesterday concerning Fishers Island.
Maybe if the Commissioners are here you better amend this to give them
enough money to fix the propeller on the boat .
15. Moved by Justice Edwards; --s-econded -by -Councilman Murphy, r
WHEREAS , the Fishers' 'Island' Ferry District advertised for bids for
the removal of decking, . deck -stringers , .h.oising. apparatus- and. exist-.
ing ramp at the s:butheast' limit of the' Fish`e'rs Is:l'and Capital Project
area, and
WHEREAS , bids were received and opened on th.e loth 'of August , 1982
at 2 : 00 P.M . , and..
WHERE_IS , the only bid received was that of the'Wh:al'ing City Dredge
and Dock Corp. of. Groton, Connecticut in the amount of $15, 500. 00,
and therefore, b.e it
RESOLVED that the contract b.e awarded to the Whaling City Dredge
and Dock Corp . as per its- bid of $15., 500.00, and that th-e Town Board
of the Town of .South.old approves the award of said contract .
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
_6 . Moved by Councilman Murphy, seconded by Justice Edwards ,
WHEREAS , -G enbri ar Homes , Ins filed an application with the
Planning Board for the approval of a minor subdivision on premises
east of Elijah Lane at Mattituck, and
WHEREAS , the Planning Board has determined that a suitable park and
playground of adequate size cannot be properly located within said
minor subdivision , and
WHEREAS , the said Planning Board, at a regular meeting held on June
28., 1982, adopted a resolution recommending that in lieu of park or
playground in said subdivision, that the developer make a payment
to the Town in the amount of $6,600. 00, now, therefore, be it
RESOLVED that the Town accept the sum of $6, 600.400 in lieu of a
park or playground with respect to said minor subdivision- and that
such sum shall constitute a trust fund to be used by the Town
exclusively for neighborhood park, playground or recreation;.
purposes including the acquisition of property.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy ,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: That ends the prepared agenda we have today.
Councilmen, have I left anything out or omitted?
COUNCILMAN MURDOCK: There was one letter that came in the mail
that we had a copy of that comes from the New York State Department
of Environmental Conservation---
SUPERVISOR PELL: Excuse me, this pertains to Fishers Island.
COUNCILMAN MURDOCK: ---and it has to do with the approval process
for the sewage system here in Fishers Island and it ' s explaining
to us that there will 'not be a Step II and Step III program; that
they will automatically give us Step II , which means they will come
along and when the plan is approved they will automatically give
Step III . It has to do with the cash flow problem, but they are
actively working on Fishers Island problem with the sewage system
that we ' re to put in here in the village .
SUPERVISOR PELL: Thank you. phase I was complete , that was your
pre-application. which was prepared to go in for the nro.iect that
234 AUGUST 18, 1982
ran about thirty thousand dollars , twenty-five to thirty to thirty-
five. What Larry is talking about is the design study , the design
of the plant , that is Phase II . After that is done then we will
get money for Phase III . Cash flow, we don ' t want to tie up the
money all at once. Any other Councilmen- have anything to add?
JUSTICE EDWARDS : I ' d like to add one thing. I know there 's a
lot of people here that are concerned about our inner-i-West Harbor
and Bob Tasker was telling me that he sent me a letter on Saturday
explaining the whole procedure. I have not received it yet , so
I think before any of the people ask any questions of the Board
I ' ll have Bob fill them in on the content of the letter and explain
as to what we can do and what the Town can do and then you can have
questions after that .
TOWN ATTORNEY TASKER: At the Town Board meeting, the last or the
one preceding that , Judge Edwards asked the question of whether or
not the Town had any authority to control boats and other activities
in the _waters surrounding Fish'ers' Island and I- indicated to him that
it does have that authority and Saturday I sent him a letter explain-
ing all of the points.. Under the provisions of the Town Law the Town
of Southold can adopt an ordinance regulating the operation of boats
in waters wi.th.in 1500 feet of the shoreline. They can also establish
anchorage areas and mooring areas and restrict where and what areas
boats can be anchored and moored. The Town of Southold, in fact, does
have such a boating ordinance , but at the present time it has not
established any mooring areas , to my knowledge , in any areas of the
Town. This Town Code was enacted in the middle 60' s and I guess at
that time they didn ' t see any need for this. However, there is
authority for th-e Town Board to amend its Boating Ordinance to
provide for the regulation of the anchoring and mooring of boats
in the waters surrounding Fishers Island for a distance of 1500
feet from the shore. Any such _regulations cannot conflict with
any state or federal law in `this area and any such regulation must
be approved by the New York State Commission of Environmental
Conservation. So that there is such authority. It would p-robably
take two or three months for the Town Board to have such a regula-
tion enforced, because we' have to draft it, we: have to go tIr ough
a public hearing and we have to get the consent of the stat-e and
then we have to finally enact it. So it would take a couple. of
months , but there is authority and'we do have jurisdiction to do
such a thing.
COUNCILMAN MURPHY: Bob, in state waters also?
TOS7N ATTORNEY TASKER: Makes no difference here. You can regulate
within 1500 feet of the shore. There is one restriction that says
that it can' t be within 1500 feet of the shoreline of a incorporated
village , but we don' t have any village here.. So it makes no difference
what the waters are, whether Town waters or State waters.
SUPERVISOR PELL: Thank you. At this time I would like to introduce
the guests that came with your Town Board today and tell you what
they represent, so if you have some things you would like to ask
they can be asked directly to the different people here and they can
answer. First of all from Civil Service we have three people with
us - Christine Faschaiun', Paul Greenberg and William Kent. Please
stand so the people can see you. Civil Service questions will be
directed to those three. From Real Property Tax Service Agency -
John Alacca; County-:CoMptroller'..s Office, County Comptroller himself -
Joe Caputo. From Emergency Preparedness we have Colonel' Thompkins
with us, and Major Pickenberg. From the County Treasurer's Office
we have Gene Lester. From your Board bof Assessment Review we have
Sam Markel and Andrew Pitre. Many times you may not know what -t-he
Assessment Review Board does and Sam I 'm going to ask you in five
words to stand up and explain your Board' s responsibilities .
MR. SAMUEL MARKEL, Southold Town Board of Assessment Review: Well ,
if you' re not satisfied with. that the Assessors do to you, come see
US.
SUPERVISOR PELL : Th.e line starts behind me. Also. from your Town
.we have a man that works with our *courts and 'our youth Jiro McMahon .
Jim has been with us--this is his second year and he has been very
successful on the mainland working with the youth and the courts.
From our D. A. 's Of f-i ce we have' Don Burns' and Frank' Fusco. Town
records as we mentioned before -our Historian- Mrs . Goodrich, keeper
of the archives. ' Conservation Advisory Council Robert Hood. Robert
AUGUST 18 , 1982 235
is one of seven. Town Engineers--we have them with. -us' today 'Larry
Tuthill and Jack Davi-s. The..::;Bo.ard.'gf'=Appeals are here = Chairman.
Goehringer, Robert Douglas"s ,' Serge Doyen. The Planning.-Board is
here, they are having a meeting right now - Chairman Henry Raynor
and with him he has his entire Board of which Bob Wall is a member
of. From D. O.T. we have Foster Beach here and_ Charl'ie Kilduff , Trans
portation, New York State. Dr. Harris ' office sent Bob Vil"la - Health.
Department. Robert , nice to have you with us. Th.e next ones done
some work on the way over here and I 'm sure you want to talk to these
folks , and if you don ' t I ' ll be surprised, from D.E . C. we have Chuck
Hamilton and Phil Obernauer, from the Department of Environmental
Conservation, two people who we all deal with. The Commissioner of
Public Works Bart Cass. Bart took a tour of your Island through the
aid of the State Police to make sure when we refer to Fishers Island
he knows what it is. He was given a tour all around the Island so
he was familiar with it. Also with us today from the Office for the
Aging we have Adelaide Silkworth and John Bianchi. For information
sake, Southold Town, of the ten towns , has the larges senior citizen
population, percentage. Adelaide has been very very supportive o-f
all the requests that your.: Town Board puts in. Sometimes we. don 't
agree but that 's par for the course. Commissioners from the Board
of Election, we have one Commissioner with us Everett McNab and
one Deputy John Morris. Also with us with Bart Cass is a gentleman
who has been most helpful to the Town of Southold and one we have
worked with John Guldi. John has been with us before and he is .
familiar with some of the problems we have here. From the Bureau
of Vector Control '-* Joseph Sanzone, and Richard Bailey. The Sheriff
was supposed to come but could not make it and he sent Lieutenant
Carl Faulkenback. On the Assessors we have two out of three of them
here , people who you all like to see come around once in a while and
say hello, we have Charles Watts and Fred Gordon. Their Chief Assessor
could not be here today , Mr. Moisa. We have the Receiver of Taxes
here George Mellas. Last but not least I did leave two people out ,
but the last one I 'm going to ask to say a few words . The next one
I am going to introduce has been the biggest help to me since I 've
been in office with many of the headaches that come before me , he's
new to his job and as I said before to a group of folks , he' s doing
one hell of a job and I mean that and it includes the people on
Fishers Island, your Chief of Police Dan Winters .
CHIEF H. DANIEL WINTERS : Thank you, Mr. Supervisor. I couldn ' t
image who the Supervisor meant when he said that I was new to my
job.. I guess he meant as Chief of Police , I have been a policeman
for twenty-five years , but , Bill, if I may, touch on the great job
the- troopers are doing and the great job all of our constables are
doing on Fishers Island. We've had great rapport. between the two
agencies and no problems that I 'm aware of. I 'm very happy to be
here. I don ' t know of any complaints from the residents of Fishers
Island. I ' ll be here and I under stand you're having a small problem
with graffiti on the road being done by the children, so I ' m aware
of that if anybody wants to see me about that . Thank you very much.
SUPERVISOR PELL: Thank you, Dan. When I said new, I meant new as
Chief of Police.
CHIEF WINTERS : Just about a year ago today.
SUPERVISOR PELL: Now so you people can understand why I keep the
Town Clerk next to me, I forgot to introduce, and Mr. Cass you help
me out , you have ,a Deputy here Barney Evans . Mr. Evans, stand up
please. My apologies. Also we have from the Cooperative Extension -
Mary Mooney-Getoff. Do you want to say a few words?
MRS . MARY MOONEY-GETOFF: I just wanted to say that we have a lot of
services at Cooperative Extension and we ' d be happy to explain them
to you. We a service of soil testing and I brought brochures with
me . About garden samples and we ' ll tell you what kind of soil you
have for what you want to grow. We are also involved in a nutrition
computer analysis survey which will tell about your diet and
an individual will be able to analyze it. I brought along some
booklets on horticulture , three booklets and I also brought a sample
of the booklets that are available food and nutrition. If you have
any specific problems I will attempt to answer them.
SUPERVISOR PELL : Thank you, Mary. As I said earlier in the day .
the one committee I chair is the Police , and I commented on the
two state police that you have here. You also have a new major
236 AUGUST 18, 1982
who oversees the Regional State Police Major Strignowski. I 'm
going to ask the major to come up here and tell us a little bit
about the state police work . We are extremely proud as I said
before, Major, that your two men here are doing such a superb
job. I know I 'm being redundant but we really appreciate the fine
work they are doing. Thank you.
MAJOR STRIGNOWSKI : I really just want to say hello and all the
kind comments you said about the troopers I do appreciate and we' re
not intransigent when people come up and talk to me about little
problems that they have or disagreements that they have with us ,
so we hear both sides of it and it 's gratifying to see the coopera-
tion that we get from a number of public agencies, not only in the
criminal justice sector but the town and county as well. We do
appreicate it and if you have any specific problems we ' 111 be around
for a few minutes after the meeting and we will attempt to address
it. Judge , thanks for keeping an eye on my fellows and letting me
know what ' s going on. Thank you very much.
SUPERVISOR PELL: Major, thank you very much . The last one I would
like to introduce--did I leave anybody out, first of all? ' Ken
Rosenblum is Commissibner of Consumer Affairs. He has some stuff
he is going to pass out and speak on and the reason I left him for
last was that he forgot to bring it up here, it was down at . the
ferry boat , so you saw- him come up here to speak to me before and
said, "Aly package is down at the boat , make me last . " I said, "Okay ,
Ken, I ' ll make you last . " So. that ' s why Ken is last . Ken the floor
is yours .
COMMISSIONER KENNETH ROSENBLUM, Consumer Affairs : That was just a
tricky way to get the last word in. Supervisor Pell, members of
the Town Board, I think. I can speak for all the public officials
here and I ' d like to express our appreciation for inviting us out
here and giving us the opportunity to meet the-:people of Fishers
Island and tell them about our services . I just want to 'mention
that I do have some free giveaway packets froni -the Department of .
Consumer Affairs . I brought some last year and- I think the people
were very happy with them. It ' s a grab bag of consumer..in-f,:::Tmation
which we get from private organizations and federal agencies. There
are some good money saving and energy saving .tips in there.. One of
the specials which we have for you is a thing called a. flow restrictor,
which is a device you install in your shower and it cuts. .down 60,
of the volume of hot water used. And since it cuts down 60% of the
volume of the -hot water,- it also saves you 60% on your costs to heat
the hot water. For those of us that have LILCO that can.-be a big
money saver:' It probably will save you a substantial amount of money.
If you have a family of four and heat electr&cally it could save
you as much as $100. 00 a-iyear -by just installing one of these in
your shower, so I do have these available. When you think of Consumer
Affairs you think of defective products, defective services and
fraudulent advertising. We do a great deal of that. We also
handle occupational licenses throughout Suffolk County and in
this area all electricians, plumbers and home appliance repair
contractors must have a Suffolk County license from Suffolk County
Consumer Affairs. We urge you to hire only licensed contractors.
If you have a question about contractors that you are thinking
about hiring, such as electrical or major home appliance repairs,
the packets have our Hauppauge number and our Riverhead number.
Shouldn ' t cost too much to call. You can find out whether the
contractor has a license and is in good standing. Good consumer
protection. Supervisor Pell and Town Board, thanks very much
and I ' ll be around with the packets after the meeting...
SUPERVISOR PELL: Thank you, Ken. Now you' ve found out who is
here, if you would address your questions to the chair we will
try to get answers today, if not we will have to get back to you.
Who would like to be first?
MRS. HOWARD: I would like. to ask about a noise ordinance. Do
we have a noise ordinance on Fishers Island?
SUPERVISOR PELL: You have no noise ordinance in the Town of
Southold. It would be a resolution of the Town Board to have
','' `,t At this time there is none .
TOWN ATTORNEY TASKER: May I qualify that slightly? We do have a
provision in our Zoning Ordinance which prohibits noise which is
disturbing to a neighbor. .There is that already in the Code.
AUGUST 18, 1982 237
,1IRS . HOWARD: How would you Handl;e:'"t"hat?
TOWN ATTORNEY TASKER: The police .
LAIRS . HOWARD: Well, we contacted the police. We have bulldozing
going on from 6 :00 o' clock in the morning to almost 7: 00 or 8:00
in the evening. We contacted the police and they said there is
no noise ordinance.
SUPERVISOR PELL: Mr. D.A. Don Burns.
MR. DON BURNS, Assistant District Attorney : There is a section
of the Penal Law concerning noise, unnecessary and unreasonable
noise. The police probably have information to investigate whether
it is reasonable or unnecessary.
SUPERVISOR PELL: Public nuisance is what I call it.
DIR. BURNS : Some of these problems can be solved by the enforcement
of the Penal Law.
SUPERVISOR PELL: You didn ' t get the answer you want but you did
get something the police can look into, public nuisance, public
harassment. Anybody else? Yes , sir.
NIR. CUSHAIAN: I had a question. I would like to know what can be
done about cutting down the long length of. time that it takes to
get a building permit . I 'm one of those people who put in last
October for a building permit 'and it has .not come through yet and
I don ' t expect it for a couple of months. What with the building
industry in its terrible state I just wondered what the steps are
for the Town to acceler.at.e th(e process that seems to me to be fairly
simple . Perhaps the Councilman would tell me what the steps he
referred to are .
COUNCILIIAN MURDOCK: Without knowing specifically where your property
is , whether it involves wetlands , whether it involves roads , we':-have--
the biggest problem we have here in the Fishers Island part of the
Town seems to be what is called public access . It requires a special
action by the Planning Board because most of the roads do not meet
state qualifications so we h.ave to grant an exemption. That 's one
problem that takes a considerable period of time . Again, without
knowing the property, there are---
tiIR. CUSHMAN: There is no problem involved with access .
SUPERVISOR PELL: Victor Lessard will ,be here. Chris , will you go
find Victor Lessard, please and tell him to come in her. He' s in
a meeting with the Planning Board and he will come in here and•---
I know the answer but I want to get it from the Building Department.
MR. GERARD GOEHRINGER, Chairman , Board of Appeals : The planning
Board asked us to come over in the late spring to look at ' the private
roads and we did ride all over the private roads in the Fishers Island
Development Company, and we did signify the roads that we felt needed
attention, regraded and we did signify I think the overall opinion
was that most of the roads were in very good condition. We are
attempting to streamline Section 280A as to condition of roads in
private areas , and we?)are at least aware of what the roads look like
and their condition, and we will attempt at all times to get over
here on these ques.tions. Approved access is one of the first things
you need before you can get a building permit.
COUNCILMAN MURDOCK: Mr. Cushman , specifically we' ll have Mr. Lessard
talk to you as soon as he finishes with the Planning Board. One
instance in the matter of cooperation between the Zoning Board of
Appeals and Planning Board we 've cut about 90 days off of the passing
the paper time which. as I say they came over here together, they
resolved a lot of problems together, they now know everything that
they do together and they can now do it faster. Unfortunately, as
I say now, without getting into specifics because I don' t know what
your building permit application is we know that we have had a
problem in semantics and we are seriously trying to cut the time
down. I will talk to Mr . Lessard with you and find out why from
October till now it still hasn ' t been done, but I 'm sure wkj' ll find
an answer.
238': AUGUST 18, 1982
SUPERVISOR PELL: Who else would like to address the Board?
MR. JOHN CLAVEN: I realize Bob gave us a partial answer. I woul d
just like to know is the harbor, West Harbor, at Fishers Island
treated differently than the harbors that are more supervised in
the rest of the Town of Southold as far maintenance . applications
for docks and jetties , and so forth.
TOWN ATTORNEY TASKER: I think I can answer that . The waters
surrounding Fishers Island, that is West Harbor and so forth, are
different than they are on the mainland and the reason for that
is that under the colonial patent granted to the founders to the
Town of Southold they acquired title to the lands in the creeks
and inland waters of the Town. The colonial patent did not include
Fishers Island, so therefore we never got title to the lands under
the waters of any of your creeks or bays , so to that extent it is
different because we have a Board of Trustees who are granted the
jurisdiction to manage those underwater lands that the Town of
Southold acquired under the colonial patent. To that extent it ' s
different than it is on Fishers Island. Fishers Island, to the
best of my information, the waters surrounding the Island are
state waters and owned by the State of New York, so that they can
control the bottom. Now you get to the question you mentioned of
wetlands . The Town of Southold has enacted a Wetlands Law which
requires you to apply for and obtain a wetlands permit before you
can do any construction or do any excavation or any filling in the
wetlands as defined in that code and wetlands are defined in the
Town Code as those lands which have so-called marshlands , Spartina
patens and Spartina alteniflora. That ' s the Town wetlands code .
The State of New York also has a wetlands law and there are two
gentlemen here from D.E.C. who can explain to you what jurisdiction
they have with respect to their state law.: . Any questions?
MR. CLAVEN: No, but it may be a concern to the officials tbat came
over here today that on any given Sunday there .are .over-.100 'goats
in that harbor, and if you read the back of the boat ' it.' says "Del aW are, -
and they leave their pollutents there every single weekend It just
seems to me that there is no control over it all and I just :ask if
there is something that we should be doing or that you could do to
help us control that problem.
TOWN ATTORNEY TASKER: As I explained we do have a boat code which
prohibits dumping pollutents into the waters surrounding the T-own of
Southold. You get to a question of enforcement , because nobody
openly throws. pollutents into the waters , nor does anyone flush
his head openly so you cannot fine him, so it is a question of
enforcement. It is not unique to Fishers Island. We have the
same problem in all of our waterways.
SUPERVISOR PELL: I might suggest that you and Bob get together
after the meeting. Who else would like to address the Board?
MR. BOGERT : I would like to get this business of boats straight
in my mind. I admit that you are not going to be able to enforce
boats in the effect that you can 't stop them from polluting when-
ever they are anchored. I think what people are trying to find out
here, can you regulate where they are anchored?
TOWN ATTORNEY TASKER: Yes, within the area of 1500 feet from the
shore. Within that area you can regulate and you can establish
mooring and anchorage areas.
MR. BOGERT: The question- then becomes-permanent moorings would not
be allowed either in that area, is that correct?
TOWN ATTORNEY TASKER: It all depends on what you want.
MR. BOGERT : Of course.
TOWN ATTORNEY TASKER: Usually--they usually have a mooring area
within which you can moor and then they also, in some areas , have
a requirement that if you want a seasonal mooring, you want to put
down a mooring, you have to have a permit and they designate exactly
where it is supposed to be .
SUPERVISOR PELL: Work it out with the Judge, come up with a plan
you would like to see enacted here.
AUGUST 18, 1982 239
MRS . DILLY KREPP: There is 'a',' ouP'A h at is thinking about the
pos'sibility of trying to get a bike path built , because they feel
ther 6- is a great deal of traffic and children going up and down
the Island, al-so there are a great deal of runners . What is the
legal procedure from the Town of Southold about putting in a bike
path. Do we need your supervision? Do we need your approval? Do
we have to give you a plan before we put it into being. Have you
ever had experience with bike paths?
SUPERVISOR PELL : This is going on private land?
MRS . KREPP : Half and half.
SUPERVISOR PELL: The minute it goes on Town land you have to come
before the Board.
AIRS . KREPP: If it goes on Town land you have to go before the
Board? That ' s the way it works?
SUPERVISOR PELL: Absolutely. The minute you set foot on Town
land the -Town Board rules on it.
TOWN ATTORNEY TASKER: We couldn ' t establish bike paths across
private property without the consent of the owner.
AIRS . KREPP: How would you build bike paths , a grant of land or
. . . condemnation?
TOWN ATTORNEY TASKER: Well, I suppose if you want that and the
taxpayers wanted to pay for the acquisition of land for a bike
path---they've never done it yet .- I think in most areas where
they establish them they take a public highway, they take the
shoulder and draw some type of delineation -in the highway , a
painted line or something and with signs designating that as a
bike path.
AIRS . KREPP: If you are goi.ng to put one in downtown Fishers Island
there ' s not much- of a shoulder left . There' s the sidewalk and you
can ' t ride your bike on the sidewalk in the Town of Southold, right?
SUPERVISOR PELL: That 's correct . My wife was coming ng out of picking
up the mail. in Greenport a month ago and she walked out the door
and she got hit by a bike and was knocked right down and the mail
went all out of her hand and she was knocked flat down on her back-
side . Embarassing, but she didn ' t get hurt , but there are laws
against bicycles on sidewalks in the Town of Southold. We are
having enough problems in Southold, which the Chief of Police is
familiar with, if you' have a problem here your constables or state
police could talk with our chief and see how we' re handling it on
the mainland, if it 's bicycles on sidewalks. Your problem is bicycle
paths .
MRS . KREPP: 'iJ don' t think it is really the problem of bicycles on
sidewalks but bicycles in roads, one of these days one of the kids
is going to get run over and perhaps if there was a lane or a path
then it might not happen.
SUPERVISOR PELL: This is something that you people will have to
come to the Town Board with a recommendation for, work with your
judge , or our chief of police or the state police and see how you
would like to handle it. Give us some recommendations from you
people here, then -let us consider it. Go that way. Who else would
like to address the Board?
AIRS . KATHERINE JENSSEN: Lights were supposed to be installed at
the tennis courts . The poles are up but the lights are not .
SUPERVISOR PELL: The. poles are up , the two poles are up?
AIRS . JENSSEN: The poles are up .
SUPERVISOR PELL: $135.00?
MRS . JENSSEN: I don ' t know how much they cost, I just know we
were supposed to have lights there.
COUNCILMAN MURPHY: They were just delivered to Southold.
240 AUGUST 18 , 1982
SUPERVISOR PELL: We have two problems here. One, the lights were
just delivered. We had back orders on street lights . We plan to
put street lights up. It was suggested that we put street lights
up like I have seen in other tennis courts, private courts at people' s
homes . We were going to put street lights up there and we were
informed by people from Fishers Island that they didn ' t want street
lights , they wanted---how much did they cost , Ray, what was that
figure again?
_JUSTICE EDWARDS : I think the price per light was $600. 00 and
required six of them.
SUPERVISOR PELL: That 's $4,000.00 ,where we put. in- the budget for
regular street lights for up there and somebody on the Island called
me up , I forget the name, and said don ' t waste your time putting up
junk lights, wait until you get money for the $4, 000. 00 lights that
they would need and Frank Murphy said the street li�ht .we were out
of--we weren ' t out of but they were on back order and did just come
in. Ray, want to add anything to that?
HIGHWAY SUPERINTENDENT DEAN: We can' t use the lights that we
understood that we could use from the beginning, you have to get
regular lights that you use on tennis courts. It ' s a different
ballgame.
SUPERVISOR PELL: The Board is going to have to make a decision
how to light the courts , whether to go ahead and put street lights
like we anticipated last year or put up $4, 000. 00 lights in next
years budget . That 's the decision the Board will have to make .
AIRS . JENSSEN: What kind of lights do you have on the tennis courts
in Town?
SUPERVISOR PELL: We don ' t. have any. There are no official tennis
courts, but private homes have courts and when you' go look _at them,
which I have done, and they have regular street a.ights up . Th ey ' re
the big mercury vapor lights they have up which" seem to.,b'er`a__ng the
job for private homes, and yet we come to Fishers_ Island..we are asked
to put up nothing but the best lights . The Board will have to .make a
decision how to light the court , whether to put up the ones .w..e planned
to or wait until next year and put up the $4, 000.00 lights,..
AIR. RUSSELL: I wonder if there is anything the citizens. -can do to
encourage Judge Edwards to participate in growth of seed -.clams. He
supervised what used to be an excellent clam bed and I 'm sure the
Islanders would not consider it selfish on his part if we were allowed
to go along with. that plan and have -the clams that we used .to have
on Fishers.
SUPERVISOR PELL: Let me say this to you. The seed clam program is
something--the seed clams , not the spawning clams--the seed clams
is something new we ' re trying this year. They were tried - in other
towns , East Hampton Township and other ones, and the fellow who we
hired Paul Flagg says they are growing faster in the waters -of
Southold Town than anywhere else he 's ever seen. So far it 's very
successful program, yet your judge has brought up, if it works let ' s
take some over to the Island. He is two steps ahead of you. I would
like to introduce •at this time Victor Lessard who has been with us now
three or four months as Administrator of our Building Department . He 's
in the back of the room. Victor, there have been a couple of people
who would like to talk. to you after we get done. I will ask you one
question, when a building. permi.t hits your desk now; how lohg' before
you get it out , a straight building permit .
VICTOR LESSARD, Executive Administator, Building Department : Usually
between three and five working days
SUPERVISOR PELL: A straight building permit hits his office and it
is out in three to five days since he has been in office.
COUNCILMAN NICKLES : How long for Fishers Island, that is what they
want to know.
SUPERVISOR PELL: Now answer the second part , Victor. How long for
Fishers Island?
AUGUST 18 , 1982 241
,MR. LESSARD: That is a very bad problem I realize but -there were
two men over here Friday and as of now anything in this sector will
get out within three and five days when it hits the office.
SUPERVISOR PELL : How long have you been with us ,Victor?
MR. LESSARD: First of June, two months .
SUPERVISOR PELL: Two months , sixty days and the back!-log we have--
the one that was brought up here that is many months old--we had this
back log and that is why the Board went ahead and hired Victor to come
in and oversee this department and try to cut out some of the problems
we have .
MR. JOHN PENDLETON: To get back to those tennis court :lights and
you have street lights available and you have budgets to handle
this year I don' t see anything wrong in putting up the two street
lights and trying them to see if they ' ll work. If they don ' t then
you have lights there that can still be used for street lights, and
you know you' re going to go out and spend• a little money.
JUSTICE EDWARDS : Bill, how much is he going to charge to put the
lights up?
MR. PENDLETON: The .same amount as you put in the budget that .we
agreed on.
SUPERVISOR PELL: John , that is something the 'Board will have to
discuss . Who else would like to address the Board?
DR. HAAS , Fishers Island School District : I ' d like to know about
blacktopping of the basketball courts .
SUPERVISOR PELL: About eight days ago, seven days ago I looked
into the Block Grant to go after this money. It went all through
county-wide. Two weeks ago the Board gave me authorization to
s-gn the contract which I just did, it' s in the works. It was
approved by the county. I don ' t think it will meet with any problem.
We put in for about eight or ten different things and had a problem
with one but not with that one. I do not see any
problem with that
one . The county does take time to get the money .
i
JUSTICE EDWARDS : Bill , can you explain to Dr. Haas why the $10 ,000. 00
figure is used and how that money is going to go, because I think he
got some figures that were much less than that from a--
SUPERVISOR PELL: All right , $10 ,000. 00 figure is the one we used.
What it is is federal money. Any federal money that is spent must
meet the Davis-Bacon Wage Act if it is to exceed $2 , 500. 00 . That
means if it 'is over $2 , 500. 00 you must use the federal government
pay scale and the federal government pay scale is more than the
local people' s pay scale. This is why we put in a high figure .
We hope it does not use all that up. ?ghat were the figures you
sent me?
DR. HAAS : Around eight something.
SUPERVISOR PELL: Eight something. I hope we have enough in there
to allow for what we know we are going to have to put out. Who else
would like to addressthe Board?
MS . ALLISON McCASS : I heard a rumor thatthe Town of Southold is
hiring a consulting firm to do a study--about an 18 month study--
on what was going to happen. Can you tell me who the firm is?
SUPERVISOR PELL: Yes , the Town Board would like to update and is
going to update its Master Plan of the entire Town, including Fishers
Island. The Planning Board who oversees this, he 's not here , I wish
he was , they interviewed several consulting firms. We have not' signed
the contract yet, we are about ready to ,probably the next Town Board
meeting it will be ready to be signed. The have zeroed in on Raymond
Parish, Pine and Weiner. Their job will be to study the entire Town
for future growth, zoning, industrial sites , "M" zones , business zones.
and make recommendations considering all aspects of the Town. Then
it is up to the Town Board to adopt . But this is so if we have further
242 AUGUST 18 , 1982
growth we feel we can. have regulated growth and as you know, time
changes and conditions change and we want to protect your Town and
one of the reasons why we hired a professional planner to do this
in case we every end up in court , they want to know what did you use. ,
We are not professional planners . We might know and think we know
what is best for your Town but if you go to court you want to have
some professional behind you. The cost is about $75 , 000. 001 approx-
imately.
MS . McCASS : Will the results be published?
SUPERVISOR PELL: Absolutely. Public information meetings will be
held to have citizen' s input and we will make sure one is -held here
before any of this goes into draft we plan to hold citizen' s input
meetings with. the consulting firm.
MS . SANDY ESSER: Is there any regulation of noise by aircraft on
Fishers Island? Planes fly very low over our house and we were
attending a party on West Harbor and a plane flew about 15 feet
over the trees coming up West Harbor. Is there any kind of juris-
diction about aircraft?
SUPERVISOR PELL: If it ' s 1500 feet it might come under FAA unless
it ' s on approach to a runway or takeoff . I don' t know the answer to
that one but I will find out . I will get back to you. Give me a
day to get back. to you to see what the FAA says about it. You didn' t
get the number of the plane by any chance?
MS . ESSER: I know the pilot .
SUPERVISOR PELL: Okay, then talk to me after the meeting. Who else
would like to address the Board? People, if I could, refreshments
are going to he served back there, they' re being set up and I 'm
eyeballing them up here . Who else would like to address the Board?
MRS . HOWARD: Safetywise going into the airport , there are '.two road-
ways . One of the first ones is very:.inarrow. The first 'one is one-
way and the other one goes back in the opposite way. If the- e is
some way you can mark them as two lanes. The other question is,
is there any way y2bu could have a sign when you have -a _blind driveway
on the South Beach. There is a lot of traffic on the beach '
r.oad and
it is .not in too good shape .
SUPERVISOR PELL: Speak to Mr. Dean when we get done today. Mr..
Dean is sitting on the end and he can talk to you about .both of
those things . Who else would like to address the Town= Board?
DR.. HAAS : I 'm speaking in behalf of the Fishers Island School and
I have before me a magazine which. they' re selling. Th.e book is
called Sea Breezes and is about the history and so forth of Fishers
Island. It 's an excellent book if anybody wishes to buy it and I
will have them available for you here. We ' re not looking for charity
but I know you people came to the Island to find out something about
Fishers Island and this book will show you all about it. It is very
very well done and look it over and you' ll s-ee that it is good.
SUPERVISOR PELL : Before I adjourn I would like to ask. Larry Tuthill,
did. you bring the flood maps with you?
AIR. TUTHILL: Yes .
SUPERVISOR PELL: The Town officials are involved- in'
nvolved in the flood
plain map. The Town Engineer is here and would ask you all to look
with him and go over this if you have time. October 20th. we are
going to file any objections to them and we mus-t do it by- that date.
So give us your input now while you' re here. If not , I would like
to adjourn the meeting.
Moved by Councilman Murdock , seconded by Councilman Murphy-, it was
RESOLVED that there being no further business to come- before this
Town Board meeting adjournment was called at 2 : 33 P.M.
Vote of the Town Board: Ayes : Justice Edwards , Councilman Murphy ,
Councilman Murdock, Councilman Nickles , Supervisor Pell.
This resolution was declared,-,duly ADOPTED.
Judith T. Term
Southold Town Clerk