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Home My WebLink AboutTB-03/11/1980 SOUTHOLD TOWN BOARD March 11, 1980 WORK SESSION Howard Terry, Southold Town' s representative on the Suffolk County Medical Emergency Services Committee spoke to the Board concerning the function of the Committee and advised that he must submit his resignation in the near future. He recommended Robert Geehreng of Greenport as his replacement. Supervisor Pell will speak to Mr. Geehreng to determine whether he is interested and put the item on the March 25th agenda. Mr. Terry asked for permission to sue the Town Hall meeting room on Wednesday, March 19th for a meeting with local EMT' s and rescue squads. Permission was granted. George Michos of Greenman-Pedersen addressed the Board concerning the sprinkler system in the Town Hall and Town Hall addition. At the time of drawing the specifications for the addition the matter of insufficient size in the water line from the street was discussed and dropped as it would cost an additional $15, 000. to put in the larger size line. With the present system, which is adequate to put out a fire, due to insufficient water supply from the street, it does not meet Insurance Services Office of New York's require- ments for a lower insurance rate. To meet the requirements and take advantage of the lower rates, the Town must (1) increase the water supply from the street, (2) place sprinklers in the attic space, (3) place sprinklers in the main entrance and attic space above. The cost to bring the system up to. ISO requirements is about $25, 000. Mr. Mickos was asked to document his findings for the Board. Councilman Murdock reported on the Youth Committee. He stated that they have received approval for the name of the not-for-profit corporation "Southold Town Youth Projection, Inc. " Their next meeting will be on March 19th at 7: 00 P.M. Councilman Drum reported on his meetings in New York City as Southold's delegate to the Association of Towns. The Association has asked the Governor to allow towns a fair share of revenues. The Association has proposed that a moritorium be called on full value assessment. Towns that have gone into it have found the costs in the Assessor' s Depart-, ment have doubled. They propose reimbursement to local governments of at least 50% for full value assessment programs and 500 of maintenance of the programs. Deput, Supervsior Marie Bauer Johnson reported on her attendance at theSuffolk County Supervisor ' s Association Luncheon Meeting at Smithtown. There was a presentation by Telenius with plans for local ppogram ng of community news and events. There was considerable discussion at the meeting concerning the abolition of the County Legislature. This will be in more depth at their next meeting. The matter of a county-wide bottle bill was talked about and thought to be greatly needed and useful. Mrs. Johnson also reported on her.-meeting with the Housing Task Force Advisory Committee at Hauppauge on March 26th. Abandonment of homes was the major point of discussion. There is a County Executive ' s Advisory Panel to which David Kappel of Greenport Village has been appointed. Mrs. Marie Tejo of the North Fork Animal League spoke with the Board commending Dog Warden Gail Bleil for her efficiency, humane treatment and handling of animals and knowledge of the law. The League is greatly pleased with the operation of the pound and the cooperation of Sergeant Santacroce and Lieutenant Winters. Councilman Nickles reported on a meeting held on March 7•th with Supervisor Pell, representatives of the Department of Transportation, State of New York, and Daniel Larkin of the NYS DEC concerning the placing of raod drainage structures at the Dam Pond Causeway. A 4 MARCH 11, 1980 letter was given to Mr. Larkin requesting a 20 day extension on a decision of the DEC relative to the application of the DOT for a tidal wetlands permit in order that a local hearing may be scheduled. Chief Carl Cataldo advised the Board he has received a price of $615. 00 for a VHF radio for the Mako used by the Bay Constable. This price includes the radio, mount, installation and theft proof rack. Supervisor Pell will analyze the budget to determine if funds are available for the purchase of this radio.---Chief Cataldo stated that he recently met with the East End Police Chiefs and Mort Stark of the Suffolk County Civil Service Department. They discussed a recommended salary level for seasonal police officers and suggest $5. 00 per hour. Chief Cataldo recommends hiring Dog Warden Gail Bleil permanently when her -near approaching probationary period expires.---The Chief stated he has had plastic covers .placed over the thermostats at Police Headquarters to prevent the heat from being turned up or down at will by unauthorized personnel.---He stated that he has received word that the new police cars are going into production on March 12th and should be ready for delivery by April. Lawrence Tuthill spoke to the Board concerning the firm flood insurance maps. He met with Roger Koweski and Town Attorney Tasker on Monday to discuss the reevaluation of Southold Town' s zones,. Mr. Koweski realizes the zones are incorrect and will argue the case in Washington and if approved the Town should have new maps within a month. Mr. Tuthill requested permission to attend the meeting in Washington with Mr. Koweski. The Board agreed it would be important for Mr. Tuthill to be at that meeting and advised him they would adopt a resolution to that effect at the regular meeting. Councilman Drum spoke about the recent controversy over the Mattituck Airport. He said the Town did thank Parker Wickham for services he provided for so many years last year when the lease terminated. As far as night flying is concerned, Mr. Wickham does not allow this for the safety of the community. Mr. Wickham provides a very valuable service to Southold Town and anyone can use the airport at the present time. Franklin, Bear, and a number of Town residents appeared before the Board representing the Save Robins Island Committee. Martha Jane Paul, Lori Brooks and Maureen Tuthill each read statements to the Board concerning this matter and Mrs. Paul presented a petition containing 960 signatures of individuals in favor of saving Robins Island and encouraging County acquisition.--Supervisor Pell stated that the Town Board has endorsed the study and are waiting for all the facts to come in before making a decision.--Mr. Bear stated that the North Fork Environmental Council is in favor of both the Estuarine Sanctuary and the purchase of Robins Island by Suffolk County. The Board discussed the proposed lease by George Stankevich of a strip of land behind the Town Hall which. Mr. Stankevich proposes the Town pave and he will lease to them for $1. 00 'a year. The Board felt that this additional 10 ft. of property would serve no purpose. Members of the Mattituck Inlet Advisory Committee with Mike Cortese, Acting President, appeared before the Board. Also present were B. DeYoung & John Sanko of Sea Grant, David Newton of Cooperative Extension_Service and DeWitt Davies of the Long Island Regional Planning Board. Mr. DeYoung said Sea Grant would be happy to provide expertise and technical assistance at no cost. Mr. Sanko said they would obtain public input of the problems and what people in the area would like to see happen to the property. Mr. De Young said the Long Island Regional Planning Board would provide technical assistance to the area relative to the Coastal Management Program if the Town Board would make a request to that effect. The Board said a resolution to that effect would be placed on the agenda for . the regular meeting. The matter of the legality of a citizens advisory committee was discussed. Town Attorney Tasker said this requires a local law and will draw up such a law for the next Board meeting. MARCH 11, 1980J Town Trustees Hataier, Kujawski, Stoutenburgh, Staples and Smith appeared before the Board to discuss the moorings at the Gull Pond Inlet. It was the opinion of Town Attorney Tasker that the Trustees have a right to grant mooring stakes if they do not unduly interfere with use of the waterways by the public. The Trustees said they would like a mooring off shore and a line to the bulkhead. The Board advised they would place this on the agenda in the form of a resolution.--The Trustees reminded the Board that there will be a meeting on March 13th at 2 : 00 P.M. relative to fresh water wet- lands.---The Demarest "property at Narrow River Road, Orient was discussed. Supervisor Pell said he met with Mr. Demarest and the DEC and Mr. Demarest won' t do anything about the property until he finds out if his development rights are going to be picked up by the County; then he would consider sale of the property to the Town, County or State, in that order.---The Trustees asked that they be given the right to work out the priorities list for proposed dredging projects in Southold Town.--The Trustees asked Chief Cataldo, who was present, if he would grant permission to Thomas Cielatka, Bay Constable, to attend"Tr.ustee meetings. Chief Cataldo stated it would be perfectly all right with him. Henry Smith stated he had spoken to Mr. Cielatka and he said he would be willing to go to the meetings on his own time. ---Mrs. Hataier asked "about the possibility of requiring commerical shellfishers to have backtag identification.--The question was raised about people who pick up applications for docks and wetland permits and never file them. It was suggested that the Trustees or their secretary notify the Bay Constable of such individuals so he may investigate to determine whether work has been started.--Goose Bay Estates Association - dredging - Councilman Nickles said he and the DEC walked the area in question to review the situation last week.---Mrs. Hataier asked if it would be possible to provide an area for fishing off of Kimogenor Point bridge. - Town cannot grant permission as that is a County bridge. Councilman Nickles cited the following schedule for opening town ramps for launching fishing boats : Gull Pond, Greenport - Mid--, March to Labor Day, Southold Town Beach - May to October, New Suffolk - Mid-March to Labor Day. The Board discussed the proposed Peconic County Day in Albany - April 14, 1980 . They also-:requested Supervisor Pell to go to Albany and speak to members of the State Legislature in favor of Peconic County on behalf of the Town of Southold in the near future. This will be put in the form of a resolution for the regular meeting. EXECUTIVE SESSION The Board reviewed various certiorari cases which are still pending. A regular meeting of the Southold Town Board was held on Tuesday, "-----/ March 11, 1980 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Pell opened the meeting at 7 : 30 P.M. with the following present: Supervsior William R. Pell, III Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman George R. Sullivan Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Deputy Supervisor Marie Bauer Johnson":. Absent: Justice Francis T. Doyen The meeting opened-wi.th° the Salute to the American Flag. Councilman Murdock wishes that it be noted on the February 26 , 1980 minutes that the testimony of Mr. Winston Davids, which was rather strong in content, was not the opinions of the Southold Town Board. On motion of Councilman Murdock, seconded by .Councilman Nickles, it was RESOLVED that the minutes of the regular meeting of the Southold Town Board held on February 26 , 1980 be and hereby are approved with the 6 . MARCH 11, 1980 &bove notation concerning Mr. Winston Davids. 'Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, ' Supervis.or Pell. This resolution was declared duly adopted. Supervisor Pell stated that at . the February 26th meeting County Executive Cohalan was present and the Plum Island Association was present and they made a presentation on behalf of their membership to the Town Board, and what Councilman Murdock is referring to is words that Mr. Davids used in his own presentation were his words and not the Town Board' s. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the next regular meeting 'of the Southold Town Board will be held at 3 : 00 P.M. , Tuesday, March 25, 1980 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman Drum, 'seconded by Councilman Sullivan, it was RESOLVED that the minutes of the special meeting of the Southold Town Board held on March 4 , 1980 be and hereby are approved as submitted. Vote -.of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was delcared duly adopted. REPORTS 1. Receipt of Town Clerk' s February 1980 report. 2. Receipt of status report as of March 5, 1980 from the Zoning Board of Appeals. 3 . Receipt of the Supervisor' s February 1980 report. 4. Receipt of the Fishers Island Ferry District February 1980 report. 5. Receipt of the Highway Department February 1980 report. 6. Receipt of the February 26, 1980 Board of Assessors report. 7. Receipt of the 1979 report for7:•..the Nutrition Program and goals and objections for the program for 1980 . 8 . Receipt of Justice Tedeschi ' s February 1980 report. 9 . Receipt of February 1980 report from Times Mirror Cable Television, Inc. (service call report) . 10. Councilman Lawrence Murdock, Jr. reported that the Youth Committee met in the Town Hall. The Committee ' s main function right now is to establish a not-for-profit corporation which will enable the Town to take advantage of a $10, 000. grant and many other grants to help provide activities and services to the youth of the Town that they hope to use in conjunction with the senior citizens in the Senior Citizen/Youth Center on Peconic Lane. The committee has received approval from the Secretary of State for the name of the corporation and by tl-e next meeting which will be the 19th of March, which should be the first full organizational meeting where the corporation is established and .hopefully by the time the building is ready the Youth Committee will be organized and ready. Mr. Murdock noted that there were a great many youth in the audience tonight and he would enlist their support when the committee becomes active. They are going to try and do as many things as they can for the youth of the Town and will need their participation in order to do them. 11. Councilman Henry W. Drum reported on his attendance as Southold town Delegate to the Association of Towns meetings in. New York on February 17, 18, 19, &20. Councilman Drum stated that the Association of Towns meets annually. There are 931 towns in New York State and 914 belong to the Association of Towns. At the February meeting there were several resolutions that were passed which he feels are noteworthy and of interest to the people of Southold Town. The Executive Budget this year has decided that they would put asap on the percentage of total state tax receipts. The Association of Town' s position, of which this. township agreed with, is that there should be an equitable sharing of its revenue in support of all local services. This is a resolution that will be passed on and which the Town Board at the last meeting did approve and pass a resolution to support it. One of the other resolutions of importance was the moritorium resoltuion, that there be a moritorium enacted by the State Legislature for an indefinite period to allow the revamping of the process of reassessment. The Association of Towns feels there should be a reimbursement, if this should come about, to local governments for at least 500 of the total cost of revaluation and thereafter 500 MARCH 11, 1980 of the cost of maintenance of the full value assessment rolls. Those townships that have gone about the reassessment found that their annual cost has increased, in fact doubled, so the resolution to the legislature is saying that the towns want the state to give them at least 500 of the cost. 12 .a. Deputy Supervsior Marie Bauer Johnson attended the Suffolk County Supervisors ' Association Meeting at Smithtown on March 6th at which time there was a presentation by Telicommunity, Inc. This is an organization that is in the process of being formed. They plan to do community based television programs which will be shown at libraries and schools and on the existing television cable companies on the Island. Mrs. Johnson said it sounded very interesting and it would be an opportunity for the communities themselves to have programs that presented the things that they are interested in. This proposal is. in the early stages of development. One thing about this is that the local Long Island Cablevision Corporation is not at all interested in being part of this . The other important thing that came up at the meeting was the agreement of all of the other supervisors of Suffolk County that they would sign a petition and make public statements advocating the abolition of the Suffolk County Legislature. The supervisor of Babylon pressed for cooperation among the group to have a county-wide bottle::bill passed and there was a great deal of interest in this . The supervisor of Islip said he was getting to the point of thinking he might have an Islip redemption center set up whereby the town would buy in recyclable scrap and bottles. He felt this would almost be cheaper�'..for the town than:.:.apying the cost. 12.b. Mrs. Johnson also attended.-the Housing Task Force Advisory Committee Meeting at Hauppauge on March 6th. There was a survey done of housing in Suffolk about ten years and this has been updated. In addition, the Planning Department of Suffolk County has done a telephone pole of housing throughout the county and have come up with the fact that there is a housing problem. The major problem at the present time is abandonment. This has apparently come about from the fact that people have been able in certain areas to buy homes with very small downpayment, carrying Vmry large mortgages and the property values have gone down and the people .are finding in many cases the house is not salable at the amount of mortgage they hold so they are simply turning the key and leaving in the middle of the night and abandoning the house which is accounting for a lot of empty houses on Long Island. The Task Force Committee is going to be looking into this kind of thing and trying to find some solutions to the problem. There is a Southold Town representative on the Committee who is David Kappel of Greenport Village. 13. Receipt of the Dog Warden' s February 1980 report. 14. Receipt of the Building Department' s February 1980 report. 15. Councilman Nickles reported that the Department of Trans- portation, . State of New York, has a proposed project at the East Marion- Orient Causeway which is the resurfacing of the highway and setting T up. a better drainage system and repair of the wall. When the 'Town Board inspected the plans last fall when they held an open meeting at the Orient School, they found there were nine stations along the roadway, which is approximately 2, 000 feet which -..would allow the road runoff to go .directly into Or ,ebt. Harbor. The Board expressed . some concern over this as to the effect that road runoff would have on the shellfish in that body of water. They had prior experience when Mattituck inlet was closed and one of the biggest point sources was road runoff. They corresponded with the department of Trans- portation and with the DEC because they did not get satisfactory answers. Most recently the Supervisor at the direction of the Board set up a meeting with the DEC and engineers of the DOT.. The DOT said there isn' t an alternate means of disposing of the road runoff for various engineering reasons. The DEC said they didn' t feel there.. would .be any significant impact on clams and scallops, but when they pressed them they found out there was an assumption. It was also found out that they had not given the permit to the DOT and..the DOT has jumped the gun and has advertised for bids. The Board also . determined that -there was one day remaining before objections were . closed and they requested a twenty day extension, (1) to find out what the maring science people had to say about the project, and (2) the possibility of when the DEC does give approval if they do, incorporating into the- permit a monitoring program so they can evaluate the effect on the bottom and the life that lives there from the road runoff. If they determine there is some. damage they- would have to go back and have the road runoff situation corrected. 2V .. MARCH 11, 1980 On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the February 1980 reports of the Town Clerk, Board of Appeals, Supervisor, Fishers Isaldn Ferry District, Highway Department, Board of Assessors, Justice Tedeschi, Times Mirror Cable Television, Inc. , Dog Warden and Building Department, and reports of Nutrition Program, Councilman Murdock., Councilman Drum, Deputy Supervisor Johnson, and Councilman Nickles be and hereby are ordered placed on file in the Town Clerk' s Office. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman, Drum, Supervisor Pell. This resolution was declared duly adopted. PUBLIC NOTICES 1. Notice from the Department of the Army, Corps of Engineers upon application of Ms. Diane Gazza, 2850 Cedar Beach Road, Southold, for permission to construct a pile supported catwalk, ramp and attached floating piers for private recreational use at Dryads Basin, Cedar Beach area, Southold. COMMUNICATIONS 1. Letter from Dr .Joseph L. Lizewski requesting funds for-,._ the Soccer team. The Board discussed this at great length and are going to ask Dr. Lizewski to appear before the next Board meeting to discuss this matter in depth. 2. Letter from Xerox proposing a purchase or lease plan on the six machines presently owned by the Town. The Board will study the proposal and get back to them in the near future. 3. Complaint against Cable Television by Gladys Csajko. This is not the first complaint like this relative to billing. This complaint is being turned over to the New York Cable Commission. . 4. Letter:.. from Group Health Incorporated relative to dental coverage for employees. 5. Hearing announcement from the .United. States Department of Energy-suggesting that motot fuel should be prevented for motor boat use on weekends, cars should be used perhaps one, day a week, and a list of items suggested to conserve fuel. The Board discussed this at great length and feel some of these would be a great :.:hardship to much of this area. A letter of objection will be sent to them on Thursday. 6 . Letter from Holzmacher, McLendon and Murrell, P.C. relative to engineering proposal for the Highway Safety Improvement Program. The Town of Southold can receive approximately $100, 000. but it must put up $30, 000 . for highway safety improvement programs. This p.arti- cular engineering firm has done work for the firm and they would like to be considered to pursue- this additional revenue on behalf of the Town. The Board is going to ask H2M to meet with the Board at their next meeting to discuss this . 6.a. Letter from Chas. H. Sells, Inc. presenting the same proposal as H2M on the Transportation Bond Issue. 7. Letter from Winston F. Davids, President of the American. Federation of Government Employees thanking the Town Board for arranging a meeting with their association and County Executive Peter Cohalan when he was at the last Board meeting. 8. Letter from Daniel Donnelly, Attorney for the Mattituck Airport.--Councilman Drum reiterated the Board's feelings concerning the Mattituck Airport. The Town had leased the Mattituck Airport for some time. Mr. Wickham, the operator, had provided outstanding service for many many years and the Town Board thanked him for the service. There has been a misunderstanding, perhaps, that the fact�_-.the Town no longer leases the airport, the airport is not open. Councilman Drum stated the airport is open. It remains open for the use of everyone. It is true it is not open at night, however, this is because of the safety and Mr. Wickham' s interest in the community. The fact that night flying would, perhaps, not be safe at the airport. Councilman Drum stated that the Town Board did express their grateful. appreciation to Mr. Wickham last year and he wanted everyone to know that the airport is open today to everyone. 9 . Letter from County Executive ':PetbrL.F. Cohalan in response to one sent to him requesting assistance of his office in the railroad. There is a petition filed with the Town Board with. 65 names complaining about service on the railroad and they have suggested that Mr. Cohalan. help the Town with the Mattituck inlet prob-lem' which he has agreed to. This is a letter of support to the Township for the different things that we wish to undertake.. As far as the railroad goes, there will be a meeting held the end of this month between the Riverhead supervisor, MARCH. 11, 1980 County Executive designee and Supervisor Pell to discuss what they thpk some of the the solutions for the railroad .would be. 10 . Letter from the North Fork Environmental Council, Inc. in reference to wetland application #41 granted to the Goose Bay Civic Association, Inc. with. the Council' s comments pertaining to it. 11. Letter from Gregory J. Blass, Suffolk County Legislator. This letter was not discussed at the working session of the Board today because Mr. Blass said he would be there. Mx. Blass was in the audience at this meeting and made the following comments: Mr. Blass said he did want to talk to the Town Board members this afternoon but the County Legislature met at 9 : 30 this morning and the meeting went on until about 45 minutes ago and he has another meeting to go to after this Board meeting. One of the things he wanted to talk about was Robins Island. He originally approached the Town Board about the suggestion he had that Robins Island not only rely upon the Estuarine Sanctuary as a means of preservation, but if the Town Board of the Town of Southold desired it Robins: Island might be preserved through the Suffolk county acquisition. And if not by acquisition by means of total purchase by the County for preservation pruposes; then maybe acquisition::-of just the development rights similar to the farmland preservation program. He put that in the form of a letter to the Board. He said he is not before - the Board urging that Robins Island be preserved, he is before the Board proposing that they consider its preservation .if the Town Board decides it should be done. It should work on .the local level upwards. There is something else about the Robins Island issue that he feels merits attention by everyone present. If they are going to rely on the estuarine sanctuary to prevent the development of Eobins Island, and that decision has to be made by the Town Board, and the study route. It is not known whether the estuarine sanctuary has a good future. It may not succeed. He said that starting this week the whole concept of Peconic County is being used against the east end on the Suffolk County level. The reason that is being done is not difficult to understand, but is unjustified. Had he known a feu; weeks later from the time he suggested the idea of county acquisition of Robins Island that the county executive was going to propose an open space preservation program he would not have said anything and he would have waited for that to be done because County Executive Cohalan, a few weeks after Mr. Blass suggested it, made the same suggestion. He had no idea that wa.s going to be done.. .. Mr. Blass pointed out that no bill is in the �County Legislature on any of that open space preservation. Nothing is before any committee and no legislator is proposing anything. But more importantly, and much more seriously the legislature is now taking the position that if the east end is going to have their own county. Suffolk County- should not invest anything in the east end of Long Island and to them the fact is that they are going to withhold investing in major land acquisition. This is the sentiment that is developing and Mr. Blass is doind everything he can do to resist it but the problem he i.s 'having is he is only one vote, one out of 18 . If the county is going to take this sentiment and they are going to go through with the view that the east end doesn' t deserve any investment of any kind on. the county level Robins Island is then going to have to be, if preservation is decided upon, going to have to rely upon the estuarine sanctuary concept. It will have to rely upon the sanctuary coming through and succeeding if we can' t rely on county acquisition. The fear that Mr. Blass has is the fear that has been expressed by all towns out here, and in fact the majority of the towns have voted against the. estuarine sanctuary. The only thing left if it is decided the New Suffolk School District and the Town of Southold can withstand .; preserving Robins Island is some sort of federal program other than the estuarine sanctuary which will allow Robins Island to be preserved and even .then there is bad news from Washington where the administration isc,working very hard to cut back all kinds of funding and to balance not only next year's budget but possibly cut back programs now and that is what they are meeting with congress about and the question is what kind of priority will be given to the kind of funds that are avai.lable. to preserve such places as the area in the east end. Mr. Blass said .he did not appear at this meeting to tell the Town of Southold what they should do, but only what he will do if they- want him to. He reemphasized the fact that he is only offering suggestions. He did suggest that although no decision should be rushed it would appear- that time is of the essence. It would appear that the federal avenues and county avenues may not be as available as we think they are and the only alternative for Robins Island that seems to be getting 10 , MARCH 11, 1980 anywhere at the present time is the alternative of development. He has strong reservations about the county legislatur.e .adopting the view that the east end doesn't deserve county funding for certain projects out here. They are not only talking about this attitude for space preservation they are also discussing this for basic bread and butter projects like road repairs, drainage, dredging and things that mean everything to the people on the .east end. This is not only true with the Republicaan controlled majority of the legislature it is even being discussed by the Democratic minority. The minority leader of the legislature said today that they shouldn't invest one more dime in the east end until the Peconic County issue is resolved. Mr. Blass calls this legislature blackmail. Since a movement is afoot on the east end to form our own county the east end is being told, although we are Suffolk county taxpayers, , that money that we deserve and we need in certain areas on the north and south forks isn't going to be coming forward for us. This is going to take some very detailed and very careful lobbying and discussion with the county legislature and the county executive and he hopes the Town Board and other towns will take that cause up with him. The final point Mr. Blass made was that'_.as far as Robins Island is concerned the time has arrived, without any doubt in his mind, that we are at a crossroads and the time situation is much closer than we believe ti is and he would suggest that some decisions be considered sooner than we might have originally anticipated because of what is happening on the federal, county, and state levels here in New York and here in the east. 12 . Response of Building Inspector George Fisher to a letter from the Mattituck Inlet Advisory Committee relative to the tanks on Breakwater Road, Mattituck. Mr. Fisher stated that the tanks were there prior to zoning which was established in 1957 and since their "use" was established before zoning, their "use" is permitted in that present C-L zoning district. 13. Request for a street light from Mrs. G. Bourne, Mary ' s Road, Mattituck. Councilman Drum is chairman of the Street Light Committee. 14. Letter from the Mattituck Inlet Advisory Committee who met with the Town Board for about one half hour today. The Board went overthe problems they have at the Inlet and asked the Board how they could help. In order to help them the Board agreed to draft a local law so appropriate committees could be formed and work with them and them with the Board in the best interest of the Town. It is hoped the local law will be in place by the first part of April after a public , hearing. 15 Letter from Wiedersum Associates, who- designed the Town Hall west wing, relative to the s.priniier system in the building. The firm that designed the east wing was in to talk to the Board and today and there is a problem with the sprinkler system. It does not meet the underwriters specifications for the cheaper rate. the .Town can enjoy. The Board is considering alternatives to determine what the problem is and how much it will cost to correct it. Basically, . the Town is paying $5, 000 per year additional than if the sprinkler system did meet the regulations. It is going to take money to save money. When there is a full report it will be made public. HEARINGS & DECISIONS 1. There will be a public hearing on March 25, 1980 at 4 : 00 .P.M., in the matter of the applicationof Diane Gazza for permission to construct a floating dock and catwalk. RESOLUTIONS l.On motion of Councilman Nickles, seconded by Councilman Sullivan, it was RESOLVED that the Town Board of the Town of Southold hereby 'releasees the maintenance bonds totaling $380, 000 in the name of 'Pebble Beach Realty, Inc. posted for the completion of roads and improvements in the subdivision known as "Pebble Beach Farms" , as recommended by the Southold Town Planning Board, Southold Town Highway Superintendent Dean, Planning. Board Engineer,Davis, and Highway Committee-Council- men Nickles and Councilman Sullivan. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. MARCH 11, 1980 2. Item 2-V should not be there (relative to Planning Board fees and legal notices) on the agenda. The Planning Board must act upon these matters prior to Town Board action. -3. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Mattituck Senior Citizens be and hereby are granted permission to charter two 49 passenger buses from Sunrise Coach Lines at a total cost of $326. 00 for a trip to Barons Cov e Inn and the Whaling Museum at Sag Harbor, New York on May 22, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor .Pell. This resolution was declared duly adopted. 4 . Moved by Councilman Murdock, seconded by 'Councilman Drum, WHEREAS, David S. Strong applied to the Southold Town Board for-;.a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 13, 1979, and WHEREAS, said application was referred to the Southold Town Trustees and the Southold Town Conservation Advisory Counci l.�for their findings and recommendationa, and WHEREAS, a public hearing was held by the Southold Town Board with respect to said application on the 26th day of February, 1980, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE. IT RESOLVED that David S. Strong of Strong' s Mattituck Marina, Camp Mineola Road, Mattituck, New York be granted permission under the provisions of the Wetland Ordinance of the Town of Southold to remove soil that has washed from existing road into marina basin at James Creek, off Camp Mineola Road, Mattituck, New York.: Vote of the Town Board: Ayes : Councilman Sullican, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 5. Moved by Supervisor Pell, seconded by Councilman Drum, WHEREAS, the Marian Council #3852, Knights of Columbus, Cutchogue New York, has applied to the Town Clerk for a Bingo License,, and WHBREA,S, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, and it is further RESOLVED that the Town Clerk be and she hereby is directed to issue a Bingo License to the 'Marian Council #3852, Knights of Columbus, Cutchogue, New York. Vote of the Town Board: ayes: Councilman Sullivan, Councilman Murdock,. Councilman Nickles, Councilman Crum, Supervisor Pell. This resolution was declared duly adopted. 6 . On motion of Councilman Nickles , seconded by Councilman Drum, it was RESOLVED that the Southold Town Board declares itself lead agency in. regard to the State Environmental Quality Review Act in the matter of the application. of Richard A. Schlumpf for a wetland permit to construct a catwalk and floating dock for the purpose of mooring a. boat at Howard' s Creek, Lot # 1, Map of "Point Pleasure" , Mattituck, New York. Vote of the Town Board:, oyes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell.- This resolution was declared duly adopted. 7. On motion of Supervisor Pell, seconded by councilman Drum, it was RESOLVED that Supervisor William R. Pell III be and he. hereby is authorized and directed to solicit estimates for the cleaning of the uniforms of the members of the Southold Town Police Department as foliows : ' Uniform trousers, Long sleeve Uniform Shirts, Uniform Jackets, Eisenhower Jackets, Outer Jackets, Jacket Liners, Uniform Sweaters, Neckties, Hats. Specifications may be obtained at the Office of the Town Clerk; all proposals to be opened at 3 : 00 P.M. , March 21, 1980. Vote of the' Town .Board: Ayes : Councilman Sullivan; Councilman Murdock, ?ouncilman Nickles, Councilman Drum, Supervisor Pell: This resolution was declared duly adopted. 8. Letter from the Planning Board transmitting a list of bonds that have expired on sa.bdivisions . The Town Board discussed this at great length and is referring it back to the Planning Board with the suggestion they contact Highway Superintendent Dean for consultation. 12 MARCH 11, 1980 9 . On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes the hiring of Eileen Carey as a summer clerical employee at the Southold Town- Hall effective May 27, 1980 at .$3 . 50 per hour, for 30 hours per week. Vote of the Town Board: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 10 . On motion of Councilman Murdock, seconded by Councilman Sullivan, it was RESOLVED that the Town Board of the Town of Southold recommends a first year step increase to radio operators Gary Charters and John Raynor in the amount of $500 . 00 effective March 16, 1980. Vote of the Town Board: .ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resoltuion was declared duly adopted. 11. The matter of authorizing funds for Southold Town Peconic Soccer League will be discussed further with Dr. Lizewski. 12 . On motion of Councilman Drum, seconded by Councilman Sullivan, it was RESOLVED that the Town Board of the 'Town of Southold hereby authorizes an increase ' of $2. 00 per day, retroactive to January 1, 1980, for the following Tax Office employees: Edith Charkow, Jean Rogers, Margaret Thompson and Carolyn Adams . Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 13 . On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes payment of the voucher of Richard J. Cron, Esq. in the amount of $900 . 00 for tax certiorari case of Theodore N. Danforth. v. Board of Assessors of the Town of Southold. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 14 . Supervisor Pell stated that at the next meeting representatives of the Southold Baymens Association were present. They had.�-several items for discussion but could not think of the final item. They did remember what it was after the meeting and it was a check for $500 . 00 towards the clam transplant program. The Baymen have given the Town $500 . 00, the Town has set aside $1500. 00 to bring in clams to help spawn and make new sets in the different waterways . It is a matching fund from the Federal Government. If the Town puts in $1500 . 00 they will put in $1500. 00. Since the Baymen added $500 . it allows the Town to put in $2000. and the federal government will match it. Therefore a resolution is needed to amend the resoltuion of February 5th setting aside the funds; increasing it at this time. On motion of Supervisor Pell, seconded by Councilman Drum, it was RESOLVED that the Southold Town Board resolution of February 5, 1980 authorizing Supervisor Pell to execute an agreement between the New York State Department of Environmental Conservation and the Town of Southold for the 19.80 Shellfish Transplant Project, and set aside $3, 000 . for said project be amended to "set aside $4, 000 . 00. for said project. " Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 15 . Oh motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold authorizes final payment from HUD funds in the amount of $2, 036 . 10 to Thermal Comfort for work completed at the Senior Citizen/Youth Center. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16 . On motion of Councilman Nickles, seconded by Councilman Murdock, it was a. RESOLVED that the Town Board of the Town of Southold hereby authori.zea the transfer of $187 . 50 from General Fund Whole Town A1.110. 4 Justices Contractual to A1110. 2 Justices Equipment. MARCH 11, 1980 Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16 .On motion of Councilman Murdock, seconded by Councilman Nickles, it was b.RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $2, 909 . 00 from General Fund Part Town B3120 . 4 Police Contractual to B3120 . 2 Police Equipment. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 16 .On motion of Supervisor Pell, seconded by Councilman Drum, it was c.RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $673. 81 from General Fund Whole Town ,Contingent A1990. 4 to Town of Southold .:'-Nutrition Program. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Sup.ervi:s.or. Pell. This resolution was declared duly adopted. Supervisor Pell explained that the County gives advance money to operate the Nutrition Program. Somehow the advance has not come in yet and there are some bills that must be paid so this transfer is necessary. Probably in another two weeks or month the money will be transferred back. 17. Supervisor Pell stated this will nto be a resolution.-- Out in the back of the. Town Hall there is property which has -been purchased by George Stankevich. He did at one time consider giving the Town a piece of alnd to build a parking lot. When the proposal was received it was not in the same form as formerly stated. The Town ds, not prepared to act on it at this time and Mr. Stankevich will be advised the Town Board declines his offer. 18 .Moved by Councilman Drum, seconded by Councilman Murdock, WHEREAS, a proposed Local Law No. 1 - 1980 was introduced at a meeting of this Board held on the 22nd day of January,- 1980, and WHEREAS, a public hearing was held thereon by the Board on the 26th day of February, 1980, at which time all interested persons were given an opportunity to be heard thereon, NOW, THEREFORE, BENT RESOLVED that Local Law No. 1 - 1980 be enacted as follows":' LOCAL LAW NO. 1 - 1980 A Local Law to Establish Flood Plain Management Standards in Flood Hazard Areas of the . Town of Southold. The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 46, to read as follows: Sec. 46-1. Title. This chapter shall be known and may be cited as the "Flood. Damage Prevention Law of the Town of Southold. Sec. 46-2 . Legislative Authority. This chapter is adopted pursuant to legislative authority which has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health., safety and general welfare of its citizenry. Sec. 46-3. Purpose. It is the purpose of this chapter -to promote the public health, safety .and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Protect human life--:and health. B. Minimize expendi- ture of public money for costly flood control projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. D. Minimize prolonged business interruptions. E. Minimize damage to public facilities, such as water and gas mains, electric, telephone and sewer Tines, streets and bridges located in areas of special flood hazard. F. Help maintain a stable tax base by providing for the sound use and development of areas os special flood hazard so as to minimize future flood-blight areas.. G. Ensure that potential buyres are notified that property is in an area of special flood hazard. H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Sec. 46-4 . Methods of: reducing flood losses. In order to accomplish its purposes, this chapter provides methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due. to water or erosion hazards or which result in damaging 14' MARCH 11, 1980 increases in erosion or in flood heights or velocities. B. Requiring that uses vulnerable to floods, including .facilities which serve such uses, be protected against flood damage at the time of initial construction. C. Controlling the alterationof natural floodplains, stream channels and natural protective barriers, which help accomodate ' or channel floodwaters. . D. Controlling filling, grading, dredging and other development which may increase flood damage. E. Preventing .or regulating: the construction of flood barrier's which will unnaturally divert floodwaters or which may increase flood hazards in other areas. Sec. 46-5. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words inthe present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural. number. The word "shall" is always mandatory adn not directory. APPEAL - A request for a review of the Building Inspector' s interpretation of any provision of this chapter, or a request for a variance. form the provisions of this chapter. AREA OF SHALLOW FLOODING - A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depth range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AREA OF 5PECIAL FLOOD HAZARD -.. Land in the floodplain subject to a one-percent or greater change of flooding in any given year. BREAKAWAY WALLS - Any types of walls, whether solid or lattice, and whether constructed of concrete, masonary, wood, metal, plastic or other suitable .buidling material which are not part- of the structural support of the building and which are .so designed as to breakaway under abnormally .high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings wo -which they might .be carried by flood waters. BASE FLOOD The flood having .a one-percent chance of being equalled or exceeded in any given year. COASTAL- HTGH HAZARD AREA - - The area subject to high velocity waters, including but riot limited to, hurricane wave wash or tsunamis.. '. .The area is designated on a FIRM as Zone V1=30 . DEVELOPMENT — Any man=made change to improved or unimproved real estate, including but not limited to buildings or other structures,' mining, dresging, filling, grading, paving and excavation or drilling operations located within the area of special flood hazard. FLOOD or FLOODING - A general and temporary condition of. partial or complete inundation of normally dry land area from the overflow of 'inlarid or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters' from, any source. FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY '- The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary -Floodway Map and the water .,surface elevation of the base flood. FLOODPLAIN OR FLOOD-PRONE AREA - Any -land area susceptible to being inundated by water from any source. FLOODPROOFING -. Any combination of structural and ,non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilties, structures and their contents. FLOODWAY - The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than- one (1) foot. HABITABLE FLOOR - Any ,f,loor usuable for living purposes, which includes working, sleeping, eating cooking or recreation or a combination thereof. A floor used only for storage pusposes i-s not a "Habitable Floor. " MEAN SEA LEVEL - The average height of 'the "sea for all stages of the tide. MOBILE HOME - A structure that is transportable in one (1) or more section, built on a permanent. cha'ssis and designed to be used with or without a permanent foundation when connected to the required utilities. It' does not include recreational vehicles or travel trailers. NEW CONSTRUCTION - - Structures' for which the. start- of construction commenced on or after the effective date of this chapter. SAN DUNES - Naturally occurring accumulations of sand in -ridges or mounds landward of the beach: START. OF CONSTRUCTION ;- The first placement of permanent construction of a structure; other than a mobile .home, on _a site, such as the pouring of slabs or footings or .any work beyond the state of excavation. . Permanent construction does not include land preparation, sucli _as clearing, grading and filling, nor dads it include the installation of streets and /or walkways; nor does it MARCH 11, 1980 excavation for a basement, .footings, piers or ' foundations or the erection of temporary forms; nor does it include the installation on the. property of accessory buildings, such as garages or sheds not occupied as:'.dwelling units or not as part of the 'main structure. For s structure, other than a mobile home, without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing. of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisons, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is_ to be affixed (including at a minimum, the construction of street, either final site grading or the pouring of concrete pads, and the installation of utilities) is completed. STRUCTURE - A walled and roofed building, a mobile home or a gas or liquid storage tank that is principally aboveground. SUBSTANTIAL IMPROVEMENT: (1). . Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds .f.ifty ,percent (500) of the market value of the structure either: (a) Before the improvement or repair is started. (b) If the structure has been damaged and is being restored, before the damage occurred. , (2) For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of- any- wall,. ceiling," floor or other structural part of the building commences, whether or not that alteration -affects the external dimensions of the structure. (3) The term does not, however, include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to. assure safe living conditions. (b) Any alteration of s structure listed in the National Register or Historic Places or the State Inventory of Histroic Places. VARIANCE - A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Sec. . 46-6. Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Town of Southold, excluding those areas within the corporate limits of the Village of Greenport. . Sec. 46-7. Basis for establishing areas of special flood .hazard. The areas of special flood hazard:.--identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Southold" dated September 18, 1979 , with accompanying Flood Insurance Rate Maps and Flood Boundary Maps, and any revision thereto, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file with the Town Clerk of the Town .of Southold. Sec. 46 -8. Compliance. " No structure or land shall- hereafter be constructeu located, extended, converted or altered without full" compliance with the terms of this chapter and other -applicable� regulations . Sec. 46 -9 . Conflicts. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other laws, easements, convenants", or deed restrictions conflict or overlap. whichever imposes the more stringent restrictions shall prevail. Sec. .46-10. Interpretation. In the interpretation and application of this chapter, all provisions .sha-11 be: A. Considered as minimum requirements. B. Liberally construed in .favor of the governing body. C. Deemed :.:neither to limit nor repeal any other powers granted under state statutes . Sec. 46-11. Warning and Disclaimer of liability. The degree of Flood protection required by this .chapter is considered reasonable for regulatory pruposes and is based on scientific and engineering considerations. Large floods can and will occur on rare occasions. Flood heights may..be increas- ed by man-made or natural causes. This chapter does not. imply that .land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold; any officer- or employee thereof .of the Federal Insurance Administration for any flood damages that result from reliance on this chapter 'or "any%.administrative decision lawfully made thereunder:. Sec. 46-12 . Development -permit required; application. A development permit shall be obtained before construction or -development begins within any area of special flood hazard established in Sec. 46-7. Application for a development permit shall be made on forms- furnished by" the Building Inspector and may include, but not be limited to, " plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed . structures, fill, storage of 16 MARCH 11, 1980 materials and drainage facilities and the location of the foregoing. Specifically, the following information' is required: A. Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures. B. Elevation, in relation to mean sea level, to which any' structure has been or is intednde to be floodproofed. C. Certification by a registered professional engineer or architect that the floodproofing methods for any qualified structure meet the floodproofing -.criteria in Sec. 46-18B. D. Description of .the extent to which any watercourse will be altered or relocated as a result of proposed -development. Sec. 46-13. AdministrXation and enforcement. The 'Building Inspector of the Town of Southold is hereby appointed to administer and enforce the provisions of this chapter. Sec. 46-14 . Duties and responsibilities of Building Inspector.. The duties of the Building Inspector shall include,' but not be limited to: A. Review all developemnt permits to determine that' the permit requirements of this chapter have been satified. B. Review all- development permits to determine that all necessary permits have been' obtained from those federal, state or local governmental agencies from which prior approval is required. C. ' Review all dvelopmental permits- to determine if the proposed development is located in the coastal high hazard area to determine whether or not the proposed development alters sand dunes so as to increase potential flood damage. D. Review plans for walls' to be used to enclose space below the base flood level in accordance with Sec. 46-19B4) . E. Obtain and record the actual elevation, in relation to mean sea leval., of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement. - F. For all new or substantially improved floodproofed structures : (a) Verify and. record the actual elevation, iniealtion to mean sea level., (2) Maintain the floodproofing' certifications required in Sec. 46-12C. G. In coastal high hazard areas . obtain certification from a registered professional engineer or architect that the provisions ' of .Se' c: 46-19B (3) are complied with. H. - .Maintain for public inspection all records pertaining to the provisions of this chapter. 'I. Notify adjacent communities and the state coordinating agency, prior to any alteration or relocation of a watercourse, and .subm evidence of such- notification to the Federal Insurance Administration. J. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood=carrying capacity. is not diminished. K. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example., where there appears to be a conflict between a mapped, boundary and actual field conditions. ) The person contesting the location -of the boundary shall be given thirty? (30) - days to sppeal the interpretation. Sec. 46=15. Zoning Board of Appeals —variance, A. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide applications for variance from the requirements of this chapter. . B. In passing upon such applications, the Zoning Board of Appeals shall consider all technical application for variances all relevant factors, standards aspecified in other sectiorb of this chapter and: (1) The- danger 'that materials may be swept into' other. -lands to the injury of others. (2) The danger to lief and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to €10.od damage and the effect of such damage on the individual owner. (4) The -importance of the services provided by the proposed facility to the community. (5) The necessity to the facilitty of waterfront location, where applicable. (6) The availability of alternative locations. for. the proposed use which are not subject to flooding or erosion damage. (7) The compatability ref the proposed use with existing and anitcipated development. (8.) The relationship of' th.e ,proposed use to the 'Comprehensive Plan and floodplain management program of. .that area:; (9) The' sa.f.ety: of access to the property in times 'of flood for ordi m nary and 'eergency vehicles.' (10) The expected heights 'velocity, duration, rate or rise and desiment .transport of the''floodwaters and the effects of wave action.. , if applicable.,ii; expected 'at the site. (110 . The costs of providing governmental services during and after flood conditions, including maintenance and ,repair of public .utiliti.es .and facilities, such as. sewer, gas, electrical and water systems: and streets and bridges. C. Upon consideration of the above factsots and th.e. purpo'ses_ of this chapter, the Zoning Board of Appeals may attach such conditions to the :granting of variances as it deems necessary to furth.er-the purposes of this chpater. D. The Building Inspector shall maititain 'the records of all appeal actions, including technical information, and report any �7 MARCH 11, 1980 r - - variances to the Federal '-'Insurance'Adiriini'stratio'n upon request. Sec. 46-16 . Conditions for .variances. A. Generally, variances may be issued for new construction and sub- stantial improvements to be erected on a lot of one-half (2) acre or less in size contigious to and surrounded by lots with existing struc- tures constructed below the base flood level, provided that Subsection B (1) through (11) of Sec. 46-16. has been fully considered. As the lot sixe increases beyond the one-half (2) acres;: the technical justifi- cation required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures- listed. -in the National Register of Historic Places or the State Inventory of Historic Places, without regard.. to the procedures set forth in the remainder of this section. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon: (1) A showing of good and sufficient cause. (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant. (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary. public expense, create nuisances, cause fraud on or victimization of the public, as identified in Sec. 46-15B or conflict with existing local laws, ordinances or rules and regulations.. F. Any applicant to whom a variance is granted shall be given wtitten notice that the structure will be per- mitted to be built with the lowest floor elevation below the,-,.base flood elevation and that the cost of flood insurance will be. commensurate with the increased risk resulting from the reduced lowest floor- elevation. Sec. 46-.17 . General Standards In all areas.:°of special flood hazards the following standards are required: A. Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties- to ground anchors: .- Special requirements. shall be that: (a) Over-the-top ties 'be provided at each of the. four (4) corners of the- mobile home, with two (2) additional ties per side at intermediate locations, with mobile homes less than fifty (50) feet long requiring one (.1) additional tie per side. .(b) Frame ties be provided at each corner of the home with five (5) additional - ties per side at intermediate points, with mobile homes less than fifty (50) feet long requiring four (4) additional ties per side.. (c) All components . of the anchoring - system be capable of carrying a force of four thousand eight hundred . (4, 8'00) pounds; and (d) any additions to the mobile home shall be similarily amchored. B. Construction materials and : methods. (11 All New Construction and substantial improvements shall be constructed with materials and utility- equipment resistant to flood damage. (2) All new construction and substantial improvements shall ne constructed using methods and practices that minimize flood damage. C. Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system, (2) New ,and replacements sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into flood waters. (3) On-site waste disposal :.systems -shall be located to avoid impairment to them- or contamination from them during. flooding. . D. Subdivision proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage: (.2) All subdivision proposals shall have public . ,.:.uttilities and facilities, such as sewer, gas, electrical and water systems located and constructed to minimize flood damage (3) Al subdivision proposals shall have adequate drainage provided to reduce exposure -to flood damage. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments .which contain -at least fifty (50) lots or five acres, -whichever is less. . Sec. 46-18. Specific standards. . In all, -areas- of special flood hazards where base flood elevation data have been provided as set forth in Sec. 46-7. , the following standards are required A. Residential- construction. New construction and substantial improvement of any residential, structure shall have the lowest floor, indlucing basementk elevated to or above the base .floof elevation. Notwithstanding the foregoing provisions of this Subsection A,. in the event that the Code of Federal Regulations. ,is amended to permit- new -construction and- substantial improve ments of residential structures to be .elevated above the base. flood level or floodproofed. pursuant to the .provisions of Sec. 46-18 B of this chapter, then upon the effective date of the amendment of said federal regulations, the provisions of Sec.-46-18B shall apply to both residential and non-residential 18 MARCH 11, 1980 structures . N. Nonresidential construction. New Construction and substantial improvements of any commercial, industrial or other non- structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with sttandant uthility and sanitary facilit :es,' shall (1) Be floodproofed so that below the base flood level the structure is, watertight with walls substantially impermeable to the passage of water. (2). Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Be .'certified by a registered professional engineer or architect that the standards of this subsection are satis. ified. Such certifications shall be provided to the official as set forth in Sec. 46-14E. C. Mobile Homes (1) Mobile homes shall be anchored in accordance with Sec. 46-1'7A(2) . (2) For new mobile home parks. and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions-; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improve- ment of the streets, utilities and pads equals or exceeds fifth percent (50%) of the value of the streets, utilities and pads before .the repair, reconstruction or improvement ahs commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision; it shall be required that: (a) Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (b) Adequate surface _drainage and access for a hauler are provided; and, (c) In the instance of elevation on pilings, that; lots are large enough to permit steps, that piling foundations are placed in stable soil no'.:more than:�-.ten feet apart, and that reinforce- ment is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a coastal high hazard area, except in an existing mobile home park or an existing mobile home. sub- division. Sec. 46-19 . Coastal high ha.z.ard_area. ' Coastal high hazard areas (V Zones) are located within the areas of special flood hazards, established in Sec. 46-7/ These areas have. special flood hazards associated with high velocity waters from tidal surges and hurricane wash; therefore, the following provisions shall apply' in coastal areas. A. Location of structures: (1) All buildings or structures shall be located landward of the reach of the mean high tide. (2) The placement of mobile homes shall be prohibited:;. except in an existing mobile home park or mobile home subdivision. B. Construction methods. (1) ' Elevation All buildings or structures shall be elevated so that the lowest portion of the structural members_ ofthe lowest floor is located no lower than the . base flood elevation, with all space below the lowest floor' s supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in Sec. 46-19B. (4) . (2) Structural support. (a-) All buildings or structures shall be securely anchored on pilings of columns. (b) Pilings or columns -used as structural support shall 'be designed and anchored so as, to withstand all applied loads . of the base flood flow. (c) There shall be no -fill used for structural support. (3) Certification - Compliance with the provisions of Sec. 46-19B (1) and (2) (a) , (b) , (c) shall be certified to by a registered professional engineer or architect. (4') Space below the.--.:lowest floor. (a) Any .alteration, repair, reconstruction or improvement to a structure or building started after the enactment of this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided herein. (b) Breakaway walls shall be allowed below the base flood elevation provided that they are not a part of the structural support of the building and are desgined .so as to breakaway under abnormally high tides or wave action, without damage to the structutal integrity of the building on which' they are to be used. (c) If breakaway walls are uthilized such enclosed space shall not be used for human .habitiation. (d) Prior to construction, plans,- for 'any structure that will have break- aways walls must be submitted to and approved by .the .Building Inspector C. SandDunes. There shall be no alteration of sand dunes which would increase potential flood damage. Sec. 46-20 . Notice of Violation. A. Whenever the building inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter, or not in complaince with a development permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has•,•been rescinded.' 'B. Such notice shall be in.-:writing, shall specify. the vilations and shall state the conditions which must be complied with and the time within which complaince must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom 19 MARCH 11, 1980 it is directed by delivering ' t''to him'personaily or by posting the same in a conspicuous place on the premises where operations .are;:..being conducted and, mailing a copy thereof to such person by certified mail to his last known address. D. The Building Inspector may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent _immediate .compliance. E. In the event that the person upon whom a notice of violation ahs been served shall fail to comply with said notice within the time specidied therein or within the time specified in any extension.•of time issued by the Building Inspector, any development permit issued to such person pursuant to this chapter shall be deemed revoked.' Sec. 46-21. Penalties.. A.. Any person committing an offense against any provision of this chapter, or failing to comply with a notice of violation issued by the Building Inspector shall upon conviction thereof, be guilty of a violation punishable by a fine not exceeding two hundred fifty dollars (4250. ) or by imprisonment for a term not exceeding fifteen (15) days, or by both such find and imprisonment. The continuation of an offense against the provisions of t'h'is .chapter shall constitute a separate and distinct offense hereunder for. each day ,the offense is continued. B. , In addition to the above-provided penalties, the Town may also maintain an action or procedding in the name of the Town in. a court of, competent jurisdiction to compel complaince with or to restrain by injunction the violation of this chapter. Sec. 46-22. Effective Date. This local law shall take effect on March 15, 1980. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman .. Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly .adopted. Supervisor Pell explained, with reference to Local Law No. l - 1980, that a public hearing was held on February 26th, it is something that must be done by March 18th. It was discussed at the work session at great lengths. There was a meeting in the Town Hall yesterday. for, three hours about it. 19 .On motion of Councilman Nickles, seconded by. Councilman Sullivan,, it was RESOLVED that_ the town Board of the Town of Southold hereby authorizes =� the transfer of $1, 205. 63 from Highway Fund Item III Unexpended balance to Workmen' s Compensation. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, .Supervisor Pell. This resolution was declared duly adopted. 20 . On motion of Councilman Nickles, seconded by Councilman M9tdock,A±t was RESOLVED that the Town Clerk of the. Town of Southold. be and she hereby is authorized and directed to advertise for bids for the purchase of 150, 000 gallons of asphalt road materials, more or less, as may be needed, for the use in the repair and maaintenance of Town highways , Specifications may be obtained' at the Office of the Town Clerk, Bid Opening to be 3: 00 P.M. , April 3, 1980 at the Southold Town Hall. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, .Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. On motion of Councilman .Murdock, seconded by Councilman Nickles, it was RESOLVED that a recess be called at this :time, 8 : 30 P.M. , for the necessary time it takes to conduct a public hearing on the matter of the Town' s . intention. to file a final application for Community Develop- ment Funds under the U.S . Department of Housing and Urban Development's Single Purpose Small Cities Program.. Vote of the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Meeting reconvened at 8 : 45 P.M. 21. Supervisor Pell stated that yesterday there. -was a meeting at. the Town Hall relative to the flood plain management standards. Town Engineer. Lawrence Tuthill was at that meeting, as well as Town Attorney Tasker and a representative from the Federal Emergency Management Agency. They went over the flood plain maps relative to the different zones.. The Town Board does not agree with the zones that have been placed on .the map by the federal government, and would like authorization to send Mr. Tuthill to Washington, D.D. 2® MARCH 11, 1980 to be active in the debate to attempt to have some of the zones reclarified. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED thatthe Town Board of the Town of Southold engage the services of Lawrence Tuthill, P.E. , to meet with members of the, Federal Insurance Administration in Washington, D.C. to argue the Town' s case on flood elevations on the Flood Insurance Rate Map, and he be compensated for his time,. travel expenses, meals and lodging. Vote of the Town Board: Ayes; Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drut, Supervisor Pell. This resolution was declared duly adopted. 4 - 22 .On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that Deputy Supervisor Marie Bauer Johnson be and she hereby is authorized to sign all checks, drafts and other instruments for payment of money drawn upon- the account of the Town of Southold in the absence of Supervisor William R. Pell III, on -the following banks; The Bank of New ? ork, The North Fork Bank and Trust Company, Chemical Bank, Hartford National Bank and Trust Company.- Voteof the Town Board: Ayes:, Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 23.Councilman Drum stated that there was a long discussion this after- noon with the Matti-tuck Inlet Advisory Committee and the Board has had representatives from the Coastal Management Program speak with them relative to ways and means to study the problem at' the Mattituck Inlet and what assitance .might be available. There are agencies that did say they would provide the Town money in the form of technical assistance. The Regional Planning Board said they would provide technical assistance as did the New York State Department of State. The Inlet Committee has ' spent a great deal of time on this problem. The following resolution:.:.is one step of asking; that the committees and other organizations provide support. On motion of Councilman •Drum, seconded by Supervisor Pell, it was RESOLVED that the Town Bc,?ard _of the Town of Southold request._the Long Island Regional Planning Board to provide assistance,-tothe Town Board and their committees on the planning and redevelopment of the Mattituck Creek Area. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, 'Councilman Nickles, Councilman Drum, Sueprvisor Pell. This resolution was declared duly adopted. 24 .On motion of Supervisor Pell, seconded by Councilman Murdock, it was RESOLVED that the Southold Town Trustees be authorized to issue mooring permits in Gull Pond Inlet with the right,-:of the permittee to secure the boat by aline attached to the bulkhead in such manner as the Trustees shall direct, and that such permission be limited to the southerly one-half. of said bulkhead. Vote..;of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. Supervisor Pell stated that is a problem that the Trustees have been faced with. The Turstees have jurisdiction over .Town waters and the Town Board has jurisdiction over the land. The T&wn Board has relinquished their power to the Trustees to regulate these moorings . 25.Councilman NIckles explained that the following resolution is in regard to Peconic County. On April• 14th there will be buses going to Albany wherein people in the five east end .towns can go- to Albany along with their elected officials and speak to the legislators throughout the state. - .Prior to this the East End Supervisor Assoc. had hoped that the east end supervisors could also go up and lobby on behalf of Peconic County. On motion of Councilman NIckles, seconded by Councilman Murdock,it was RESOLVED that Supervsior William R.• Pell III, be and he hereby is --directed to travel to Albany, New York, at Town expense, to speak '"in favor of the establishment of- Peconic County. Vote of the Town Board: Ayes : Councilman Sullivan, Councilman Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. 21 MARCH 11, 1980 Supervisor Pell announced that he would be out of town for the next three days, he is going to a two day fishery meeting in Philadelphia and the third day he will also be in Philadelphia for fishery talks but not on the federal level, on the local level. Deputy Supervisor Johnson Will be in the office during that time. Supervisor Pell stated that last Saturday he had the privilege and honor of a visit from the town board members of Pennsville, ' New Jersey who had contacted his office earlier in the week relative to a problem they are having with erosion. Pennsville is right below the Delaware Memorial Bridge: The town is. made ..up of 16, 000 people. They made an inspection of the shoreline in Southold Town and went to Orient State Park where they looked at the stone gabion which .is unique to Long Island. They presented Supervisor Pell with a mug commemorating the Septemberfest. Mrs. Martha J. Paul, Cutchogue, Chairman of. the. Save Robins Island Committee read the following statement: "We are here this evening to seek your cooperation and support on a matter which has long term implications not only for you and for our present generations, but for all generations to, come. Among those who are here representatives of the latest living generation.; high school students who are concerned not only for the 50 or 60 or 70 years they may be living. here, but also for the welfare of their children and grandchildren and so on. "Is one island of 433 acres so important in this context? Is saving Robins Island a matter of such great concern for' now and forever? Of course it is. We have evidence here, in all these petitions, that at least 1100 residents of the Town of Southold agree that it is. In a matter of only five days they have signed these petitions and returned them to the Save Robins Island Committee which was activated just over a week ago. The response to our quickly prepared mailing was immediate and almost overwhelming. ' "The signers of these petitions, and we are sure many hundreds like them, understand that to allow Robins Island to go into develop- ment, even in the somewhat idyllic manner which the foreign speculators are trying to sell.At, would lose an almost pristine natural area forever. (Mrs. Paul presented the petitions to Supervisor Pell. ) "We need to save Robins Island not only for its wildlife and native plant life but also to help us keep the Peconic Bay area' s waters clean for fishing and shellfishing, for the entire ecosystem within which the many species of seafood breed and feed. These waters nurture th-e mariculture on which so many of Southoid' s, citizens make their living, and which helps, to feed.:us and thousands of people beyond our shoreline. "Also, keeping our waters clean and this island naturally attractive will enhance the enjoyment of those residents and tourists who like to swim and boat where contamination is at a minimum. "Contrary to what some people believe, saving Robins Island will mean saving us money in taxes and expensive services. While . it is- true that the loss of taxes will affect all of us somewhat in the beginning, especially the homeowners in the New Suffolk School District, the future result of development on the island will cost us more. "For example, how and at what cost will the Cutchogue Fire Department serve the island? Much of that extra cost will have to be borne by the residents of New Suffolk. And it is �in New Suffolk that space will be required for parking vehicles near the dockage for the ferry which the island's residents will need to get to and from their homes. "And don' t forget, if there are any children on the island - and there will be despite the wood-be developers ' assurances to the contrary - they will go to the New Suffolk school. How will htat affect the school.1-s future? No one knows. "The whole Town will have to help pay for additional police protection and highway costs. It will be the same old story of development creating the need for more.,:services arid'.-12.idher taxes for everyone, just as has been experienced in western-Suffolk and Nassau counties. "Even if saving Robins Island costs us more money, which we believe it won't in the long run, it would be worth it: Not only would we save the ospreys and deer which inhabit the island, but we would save the only undeveloped island inthe entire Peconic-Flanders estuary, a really unique area. . Its trees have. not been waylaid by bulldozers, its wetlands still nourish a valuable ecosystem and its shorelines are unpolluted. It is a place where school children and 22, MARCH 11, 1980 people of present. and future generations, can be reminded of how nature functions on our behalf if we will only let it. f%'!We urge you, therefore, to approve acquisition of Robins Island by Suffolk county. Let our legislator, Gregory Blass, who we heard this evening; and the entire county legislature know that you, the Board, and a:: majority of Southold' s citizens want to save Robins Island in perpetuity. Your decision right now is for posterity_, and it is forever. " Ms. Lori Brooks, Senior, Mattituck High School, made the following statement: ""There is a general concern among the students that I 've spoken to about the fate of Robins island. The young people of the east end want the island preserved from further development. To us,. Robins Island stands as a symbol of the east end. The island stands for the charm of our area, . the natural beauty of our open spaces and bays. It stands for our small town way of life that is . threatened by urban sprawl. Further, it is reminiscent of our indian heritage from ti-ibes 'such as the Montauks. Also, there are benefits to consider, farsighted and nearsighted. It is felt that the long-term benefits of preserving the island greatly outweigh the short-term benefits. This decision will not only affect me, but also my children and grand- children. I hope my children will be able to acquire the same appreciation of natural beauty as I have been able to. This will not be possible. is we do nottake steps now to guarantee a heritage for future generations. Therefore, it is imperative that we act now to save Robins Island: " Ms. Maureen Tuthill, Junior, Mattituck .High School, made the follow- ing statement: "I hope to see Robins Island made into a nature preserve. I have a few points that I would like . to bring. up, they might not be as significant to everybody as they are tome, and they are rather small. I live in Mattituck, and you ahve probably noticed on the Main Road in Mattituck there used to be a shopping center_ that contained a Bohack, a pizza parlor, a five and dime store and a deli and no.w. it is all closed up and boarded up and there is nothing. there except just one word of grafitti written which says "Progress !V' Now it is nothing but ,an eyesore and' I would hate to see something like that happen to -.Rob'ins Island. . I know they are not planning a Bohack shopping center .on Robins Island but it still applies to my"point. Also, Robins' Island is natural, untouched and when you do develop it you can' t go back,.. and have--all- the wildlife there again..._i.,.. Another point I would` like- to. brim up~.which is.`more.- -important to me than .- probably most -of' ou. here. - -I go to k tti°tuck- High --School` and our school mascot is ,the osprey and Robins Island is one of the few breeding grounds left anywhere of the osprey and at one point it must have been a common bird around here anyway to have become the school mascot and I think it would be king of deflating to our,.-school teams to find out that their school mascot who is supposed to be strong and powerful 'has become. extinct because Robins Island has become developed. I' do hope that it becomes a nature preserve for my generation and generations to--:come. " Michael Mattes, Mattituck said that the article in Newsday talked about -housing foreclosures but they sort of glossed over the situation' on the eastend Town. Has there been an increase in housing foreclosures . in Southold?-----Deputy Supervisor Johnson said it did ®me up very briefly 'at the Task Force meeting, and actually the housing, the financial aspect of the housing issue Iis a little better out here in the last few years. Doug Hardy, Southold, asked for a summary of the afternoon work session.---Supervisor Pell said the Robins Island Committee came before the Board at the work session and said exactly the same thing this afternoon' as they did tonight.- Mrs. Paul, Ms. Brooks and Ms. Tuthill. The Town Board did not go into any discussion at that timewith anyone.. Frank Bear, Southold, said that everyone heard from Legislator Blass about the predicament we are now facing where Robins Island is concerned where Suffolk County is involved. He would hope that the ,"Town,,,Board would take into consideration and discuss and act on the request which has presented by Mrs. Paul and the two young ladies. He .said that there are approximately 75 people present tonight who have . come out specifically to indicate to the Town Board their support for the acquisition of Robins Island. He recognizes there are concerns MARCH. 11, 1980 about it but the reason for it h'as 'been .set forth by Mrs. Paul and others and he would hope that the Town Board would not only listen but act as soon as possible because 'as Mr. Blass pointed out that. time is of the essence. He asked that the Town Board bring whatever influence they have to bear on the County Legislature and County Executive. Councilman Henry W. brum, Town Board representative on the Robins Island Study Committee, stated the Town Board has said they favor a study and he was appointed a member to that committee if there is to be such a study which is to be funded by the federal government. The Town Board has not taken q position either pro or con. He does note-:know whether the money will be furnished for the federal study, He had hoped the members of the committee would have the .opportunity to study the pros and cons, to look at it in some depth. They have received Mr. Hurley' s report which has provided the Board with information. Mr. Drum, as an individual, resents, very much, the County Legislature, almost blackmail, say that if we are going to have Peconic County. they are not ,going to give us anything. He realizes Mr. Blass, who was here tonight,, said we had better move fast, but Councilman Drum had hoped to study .the proposal further in depth before making a report to the rest of the Board. Mrs. Dorothea Delehanty, Mattituck, said that while the Board is studying the people are losing a jewel. She appealed to Supervisor Pell to be a leader, don' t wait and see what Riverhead does or other politicians, the people are looking to him and the Board to stop dragging their feet and do something about it. Mr. Doug Hardy asked what kind of time schedule the Town Board has in mind in regard to Robins Island.---Councilman Drum said he had thought the federal government would have indicated one" way or the other if they were going to provide the grant the .the study could proceed. Mr. Samuel Markel, Southold, asked it if isn' t true that the Town of Southold has certain ways of' slowing down anything it really wants to slow down? In effect, the Building Department, Planning Board and Trustees could all come into play as far as Robins Island is concerned, if it was bought and they did want to develop it. He knows from experience that the Planning Board and Building Department and Trustees -could really stall something .a. long time -until -maybe Peconic. County is established, and then buy it� as- Peconic -County and then have nothing- to do with Suffolk. Mr. Markel said the county is holding Robins Island over the Town' s head, next week it will be Route 25. Mr. James Delehanty, Mattituck, said the County was ready to take over Robins Island. At this time it would be feasible to have a town-wide referendum and let the people of Southold decide. Petitions have been received with 1100 signatures will that impress the County Legislature? Suppose everybody in Southold had a chance to express themselves, how long would this take ,and how much- money would it cost,? Mr. Delehanty feels we should all live with whatever the most people want even though he personally would like to see Robins Island saved.--- Supervisor Pell said that 'one Board member in a discussion expressed the same idea. The Board has not discussed it officially yet. It is a good thought. However, if we wait until we .become Peconic County adn it maybe Peconic County will not have the resources. Councilman Lawrence,Murdock said that one part of the proposal that nobody has addressed as yet and that is what will the county do with the island when they buy -it. The people in the room have one concept .and one":.hope., We do not have any guarantees. There have been several of the legislators .from the larger towns say that if the county spends money they are going to use what they spend .money for. It is one thing to take an island because it is pristine in nature and preserve it, if that' is what they will do, but if the Town Board oes 'not reach fo.r these guarantees, and a guarantee is really temporary because ten years from now it will be another board in the county and another board in the town. However, to the best. of our abilities if we don' t try and preserve what we have he is sure the same people who want to preserve the deer, who want to preserve the osprey would ,be more upset if on any given-.Z aturday or Sunday afternoon two thousand residents of Suffolk county would come to 24 MARCH 11, 1980 Robins Island for a picnic because their county money bought it and they are going to use it as a park regardless of what we want. So far nobody has come up with any proposal from the county as to what they will do anymore than is be blindly accepted the county saying they will buy it for the town and keep it perpetually anymore than the town would accept the word of developer who says he is only going to put five homes over there and next year put two hundred homes over there. There are many more people in the County of Suffolk which is again the reason the town is interested in Peconic County, who are interested in what their dollars will buy for their use. Until the Town can hold them off he cautions the people to blindly . accept the word_.: If someone from the County would give on assurance. So far nobody from the county has ever expressed an opinion to any member of , the Town Board agreeing what they will do with Robins Island. Mr. Paul Stoutenburgh, _Cutchogue, said if the Town Board wanted to make sure there was not 2, 000 people visiting Robins Island they could state in their resolution that they would-want Robins Island put into a nature preserve category. 'According to the Suffolk County Charter this can be done and once the County Legislature puts it in that particular category it would have limited use. and could only be chaged by a referendum of the people and they would have some assurance. That is the way Dr. Koppelman presented it . in this meeting hall some time ago, as a nature preserve. Ms'. Ann Mills asked what the study would be _about and why would one be.. needed.'---Councilman Drum said that the estuarine sanctuary includes a great deal of area, all of the Southold Town-Peconic Bay Coastline 500 .feet inland and there are many aspects to it. It is best described as a living laboratory where they would study shell life and many many things. This, has a great impact where a study is concerned. Robins Island is only one part of the estuarine sanctuary. This began with the federal study, the federal program, the request has been made by the .state fora $50,,000 grant from the federal government and New York State would contribute $50, 000. There are 14 members on the study committee and the five east end towns have seven members of the 14 on this committee. Mrs. Dorothy Zehner, Greenport, said `she is glad to hear. Robins Island is going to be separate from the estuarine sanctuary and the study, , she id definitely against the sanctuary and study. She feels the sanctuary- encompa.sses much too wide an area from 'Orient to Riverhead and f_or ' the government to come in and control that area and make boating and fishing secondary is going to be a threat to the economic development of the whole area. Mr. Al Mould, Orient, asked if at this time the Board decided to endorse the purchase of Robins Island what would be the most immediate steps the •Board could take to make itself known to .the powers to be?----Supervisor Pell said that Board would have to pass a resolution. Mr. Mould asked if it is possible tonight for the Supervisor to poll the Board to find out where the Board stands?=- Supervisor Pell said he has been called by numerous groups as far away as Washington, D.C. , Boston, Massachusetts, People wanting to know what his personal thoughts on the sanctuary are. He told them that the Town Board is on record as keeping an open mind until all the facts, are presented. The Board did hire Denis Hurley to gather facts for them so they could evaluate them. The Board did recommend the study by the federal -government so they could get the facts in to base their decision on. They also plan to hold public informational meetings on this in Southold.Town so .they could gather the public ' s thoughts on --this. There is a very. good showing tonight with 1100 , names in less than a week, all of this will. be evaluated by the Board and at. which time the Board will have to take a stand. If the public wants the 'Board to make. their decision without .all of the .facts in., he. .do.es not feel that would be fair. --Mr. Mould said . : he spent many years in Nassau County and over thirty or forty years he watched it deteriorate, the south side and he moved out here because of that deterioration and now he sees once again hesitancy, doubt, inuendoes and he is afraid time will pass and we will end up like Nassau County. From4what he heard from Legislator Blass time is of the essence. Mr. Mould asked what the Board' s next move will be?- _ Supervisor Pell said that within a' week we should hear. if we are going to have the federal government study or .not. There was a man from Washington, D.D. in Southold and the Board met with .him last MARCH 11, 1980 week. He went back over the weekend to Washington, D .C. and the Board was led to believe that this week we would be receiving a communication from them if they were going to endorse the study or scrap the idea. The east end towns, Riverhead was' against, .the' Town of Southampton unanimously went against it, East Hampton went in favor of the acquisition by the federal government, Shelter Island went against the study. The man 'from the .Federal Government was a little surprised on the town different opinions at this time without going through the : study program. He could not commit himself, he had to go back to his superiors. Mr. Mike Stahl, Cutchogue, said it seems they are confusing the. study of the entire estuarine sanctuary with just the outright- purchase of Robins Island by-the County. Can't the Town Board offer some sort of resolution urging just that, the purchase of Robins Island by the County?---Supervisor Pell said the Town Board can do this but Mr. Blass said a lot of things tonight .and the Town Board has heard it for the first time and he would not ask the Town Board at act until they have had a chance to have Greg come back and sit down with the Board and discuss it thoroughly.. . Mrs. Delehanty said -she was at the hearings in Riverhead where everything was clearly spelled out and they were told that '.time was of the essence. She feels the Board has had plenty-of time. Councilman Murdock stated that the Town _Board has not only acted but they have gotten two representatives on the steering committee. The purpose of the steering committee was to formulate the rules that the sanctuary will be operated .under. If 'the committee has a bigger input into the rules that .the 'sancturary-is -going to be. run under it is believed they will be able °to .have rules for our area. Most of the sanctuaries were established in Oregon, some in Florida, one in Hawsii. The people ''who set those rules do not have any idea of Southold Town' s needs: The Board .has not sat back. As a Board they have attended every meeting and every public hearing that they. have had. -They have gotten two representatives. -from the Town Board on the steering committee. The steering committee -was designed to formulate rules within the framework of the federal matching funds- of $50, 000. The state was to put in o40, 000 and the federal government put in $50, 000. for the purpose of establish- ing rules. As far as: they are concerned the sanctuary- was a living thing. As far as the Town Board was concerned it'was up -to them to get rules. Within that sanctuary that they could 1ive' wi:th, that the people .of Southold Town could live with. The Board has not sat still at all.:. There hasn't been a meeting other than the one on Shelter Island, which was called specifically for the people of Shelter Island, that 'the Town ' Board hasn't been to. They have more input in that committee than any town out here`. There have been meetings with .Mr. Morton, .who is running- the committee, more than anybody because -they want to get all the input` andclout' they can. Now the scene is shafting, now it is just the county and- he firmly believes that the Board will act just as hard to get input from the county people as they have from the state and federal.. people, but the county just acted today. - Mr. Murdock is very sure that with the Environmental Council' s help and their input with the ' County the Board will be able to . sit down and get county people to help us and talk to us but it cannot be done in five minutes, but it will be done . Mrs. Barbara Stoutenburgh, Cutchogue, stated that 'three weeks ago Greg Blass wrote to the Suffolk Times and said he knows Southold Town has aksed. for the sanctuary study and congratulate you on doing that but Greg .Blass said three weeks ago we may not� have the study and it is impoerative that we urgently get 'the County to take some stand on Robins Island or we may lose it and 1100 people have come to the Board to say they want, the Board to save it. The alternative of saving it or developing it i- the only one we have. We must let the legislature and Greg Blass know what the people of Southold 'Town want is to save Robins Island. Mr. Doug Hardy commended the Board for their mature decision in looking at the estuarine sanctuary program where other towns scuttled it based on not even understanding it. He thinks the Board took the correct vote 'by looking at it. But now, from the sense of the Board, he gets the feeling that they are only looking 26 MARCH 11, 1980 at Robins Isalnd on just one track and that track is the marine sanctuary.. When County Executive Cohalan was here Mr. Hardy was left with the impression that he proposed the county acquisition of Robins Island .and it would have to be initiated at a lower level and he felt that he emphasized that because he didn't want to touch that on local rights and he feels that because timing is critical he feels the Board should have begun yesterday or last week to initiate on a second tract if the marine sanctuary fails and it has a good probability of doing that.. If the Board already set in motion on the next level county acquisition it would be well along the road and he feels to delay it would be criminal.--Supervisor Pell said he thinks Greg Blass already has this in motion. _ Hec.came .:t©_-,the Town Board two Weeks ago and asked them if they would object to his starting the procedure adn. they said no, but they would not come out publicly at that time. Mr. . Pell said .he would like to have greg come back so they can go into detail on it with him, He will contact Greg before he leaves tomorrow arid ask him to meet:'.with the Board early next week. Mrs. M.J. Paul asked how many people are in Southold Town.---Super- visor Pell said 20, 000 .---Mrs. Paul said they have 1100 signatures and how many more would they have to give to the Board for them to act. They will guarantee almost 100% of the people are behind them. How long does the Board want?--Supervisor Pell said the Board knows what they want and expect and they will airy their best to fulfill it. Mr. Samuel Markel said it seems he i- hearing all of this for the second time. The first time was Pine Crest Dunes and it was suggested that the Supervisor suggest to the county to take Pine Crest Dunes and the county took Pine Crest Dunes. Before the county took it there was no fence around it, all of the people locally could walk through it, the boy scouts could use it. The 'county came along and took Pine Crest Dunes and we are fenced out and pay for condominiums that people from the west end live in and most of the kids that attend the camp come from the west end. This happened right here in Southold Town with the County taking Pine Crest Dunes. Where was everyone when the people were screaming about that happening?----Supervisor Pell said they would try their best' not to. let the same thing happen twice. On motion of Councilman Drum, seconded by Councilman Murdock, it was RESOLVED that there being no further business to come before this Town Board meeting adjournment be called at 9 : 40 P.M. Voteof the Town Board: Ayes: Councilman Sullivan, Councilman Murdock, Councilman Nickles, ' Coueilman Drum, Supervisor Pell. This resolution was declared duly adoptdd. Judith T. Terry Town Clerk