HomeMy WebLinkAboutTB-04/08/1980 49
SOUTHOLD TOWN BOARD
April 8, 1980
WORK SESSION
Chief Cataldo met with the Board to discuss the $40, 000 Youth
Grant he has applied for to the Department of Criminal Justice
Coordinating Council::. The purpose of the grant is primarily to
obtain seed money to provide for youth services aimed at youth
causing police oriented problems. A youth Services Coordinator,
will run the program at a salary of approximately $18, 000. The
grant will also include a van for transportation and money for
three part-time assistants to the coordinator, as well as office
equipment . Councilman Drum and Nickles have reservations about
initiating a program which might end after one year and then would
require Town funds to continue . Councilman Murdock concurred.
Supervisor Pell stated the present $10, 000 youth grant and the
$40, 000. proposed grant would dovetail very nicely.
10 : 00 A.M. - Mr . John Strang and Mr. Bob Shimick presented the
Suffolk County Department of Transportation program bus improve-
ment service . Phase I of the program consists of two major
elements : the initiation of new feeder bus s:ervice in 25 selected
communities throughout the County, and the initiation of new or
improved bus service on five major line-haul routes along major
roadways . The Town of Southold will be the pilot program for the
entire county and should start at the 'end of June 1980. They
expect to fund this program 30% from the fare boxes, 357, from
the County budget and 307o from 1 State and 2 Federal funds. It
is expected the program will cost three and one half million annually.
The feeder busL.system will consist of 13-16 passenger vans which
will circulate through communities and connect shopping centers,
senior citizen centers and major bus lines six days a week.--Mr.
Strang and Mr . Shimick will be back to the Board in the near future
with firm schedules. They requested the Board to submit suggestions
for the feeder lines in Southold Town.
10 : 30 A.M. - Mr . Luke Galfano and Mr . James Dunne. of Baldwin &
Cornelius, Co . , Consulting Engineers and Land Surveyors, made
a presentation to the Board concerning the 1979 New York State
Transportation Bond Act . They propose to look over the Town
highway system and sift out critical problem areas and select
projects that should be first put forth for the program. Super-
visor Pell and Highway Superintendent Dean will review both their
proposal and that of Holzmacher, McLendon and Murrell before the
next Board meeting and make a recommendation to the Board as to
which firm should be hired (H2M made a presentation at a prior
Board meeting. ) It was emphasized that the money must be expended
to substantial completion of the job before the Board receives
reimbursement of approximately 75% of the expenditure.
11 : 30 A.M. - Mr . William Esseks, attorney for the owners of Robins
Island, Mr . John J. Raynor , P.E.. and architect for the development
plan for Robins Island spoke to the Board concerning the proposed
development of the island with 28 lots. They have filed a sketch
plan with the Planning Board and provided a copy for the Town Board
to view. (Air . Henry Raynor, Chairman of the Southold Town Planning
Board, Mr . Frank Bear of the North Fork Environmental Council and
Mrs. M.J. Paul fo the Save Robins Island Committee were .also present . )
Mr . John Raynor emphasized that the entire march area and common
areas. would remain strictly open and available to scientists from
the N.Y. S.-D.E ..C. There are existing buildings on the Island
which would be used for recreational facilities and a helicopter
landing area will be constructed in that area. Access to the
island- will be by a boat .designed t ' cr nlrho aryo age= veicle
_ and
parking wi.11_ be provided for -at least 36 cars at Now Suffok.
However, they anticipate prime access to the island to be by
helicopter . Mr. Esseks stressed that the developers will grant
appropriate covenants, restrictions and easements to the Town to
guarantee that the common areas remain open. They want to insure
14 APRIL 8 , 1980
that the island remains private. Mrs. Paul expressed concern about
noise from helicopters and getting materials to the island for
construction of homes without destroying the island. Mr . Bear
cited the use of bulldozers to build homes and construct roads
as a major cause of destruction of the island. He. pointed out
the presentation to the Board of approximately 2200 signatures
on petitions to preserve the island and urged that the petitions
not be ignored, and the Town Board go on record supporting county
acquisition of the island for a nature preserve, all ,444 acres .
Mr. Bear indicated that it is his opinion there might be a con-flict-
of interest with Councilman Drum, a real estate salesman, and
Councilman Nickles, a real estate broker and president of the
Eastern Suffolk Board of Realtors. Mr. Mr . Drum and Mr. Nickles
said they resented the implications made by. Mr . Bear and said
they were elected to represent all of the people in Southold
Town and act in ,their best interests on each matter that comes
before them: Councilman Murdock asked Mr . Esseks if the developers
would consider selling the development rights to the middle
common area on the island to the Town and Mr . Esseks said there
would be no objection. He further stated that he would be willing
to have the attorneys for the N.Y. S. - D.E.C. and the Town draw up
whatever convenants they wished to protect the natural state of
the open area on the island.
The Board audited the bills and reviewed the agenda.
A regular meeting of the Southold Town Board was held on Tuesday,
April 8 , 1980 at the Southold Town Hall, Main Road, Southold, New
York. Supervisor Pell opened the meeting at 7 : 30 P.M. with the
Pledge of Allegiance to the Flag.
Present : Supervisor 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
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the minutes of the March 25 , 1980 meeting of the
Southold Town Board be and hereby are approved as submitted.
Voteof the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 3 : 00 P .M. , Tuesday, April 22, 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 Murdock, seconded by Councilman Drum, it was
RESOLVED that the following audited bills bei.-and hereby are ordered
paid: General. Fund Whole Town bills in the amount of $28, 792. 03,;
General Fund Part Town bills in the amount of $11, 904. 62; Highway
Department bills in the amount of $12, 700. 51; and Fishers Island
Ferry District bills in the amount of $30, 256. 36.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
REPORTS
1 . Councilman Murdock reported on LILCO coal conversion
proposal at the Northport facility. Councilman burdock stated
that since LILC.O does not want to spend the two billion dollars
to convert they have given figures on what they consider to be
problems involving the operation of Northport as a coal plant .
APRIL 8, 1980
He transposed the figures to assume what is wrong with operating -
a coal plant in Northport will be 'as wrong operating a coal plant
in Jamesport . The figures in the LILCO coal conversion report
should translate to the usuage of the coal burning facility in
Jamesport . The economic regulatory administration is ordering
LILCO to stop burning oil in the Northport Power Station. LILCO,
in opposing this position, issued a report on the negative problems
in operating the Northport facility burning coal . Their primary
concern is the approximate two billion dollar cost in making the
conversion. The following digures and estimates should apply to
operating a LILCO coal burning plant in Jamesport with the same
generating capacity as the LILCO plant in Northport . It is presumed
both plants would have the same operating capacity. The facility
would burn ten thousands tons of coal per day. This would mean
a daily train, more than one mile long, 100 to 200 coal cars.
Assuming it would take a two day trip to the plant because they
have to get through New York City and coincide with the heavy
traffic here, a_ three day stay in the yard to stage. and unload,
a two day trip back to the loading facility, a three day stay for
each staging and reloading back in Virginia means a ten day total
trip for each car. That would mean they need ten thousand to twelve
thousand cars, without backup cars for repairs . If the cost were
$25, 000. per car . , this would mean an expenditure by the railroad of
$300, 000, 000. just for railroad cars. Since most railroads already
operate in a deficit it would probably require the taxpayers to pay
to fund this purchase of cars. Also, on the grounds of the facility,
they would need more than three miles of railroad track and roadbed
just to handle the trains for the given three days. They say an
laternative to the railroads is an overhed trestle and conveyor running
from the plant to an offshore loading platform two miles out in the
Sound. A thrid alternative to build large jetties for barges to land
directly at the facility. They recommend coal storage reserves at a
fifty day supply on site so there would be no interruption in plant
operation. This would require one half million tons of coal . The
amount of coal would cover six football fields which is 300 feet long
by 120 feet wide, times the six football fields which is 216, 000
square feet or almost 6 acres . This would only be filled to a height
of 60 feet . In addition they would need four storage silos for daily
use, one silo for each furnace unit . Each silo 'is 150 feet high by 70
feet in diameter. You would need four scrubbers which is a unit to
cleanse the smoke and four smoke stacks and he does not know how high.
In operating the plant 137o. of, the daily coal used is returned as ash.
14% ofthe daily coal is returned as aludge from the scrubbers, makes
a total of 2700 tons a day of solid refuse, taken by truck to where
they don ' t say . This would require 270 ten ton capacity trucks .
a day. Recommended by LILCO as the most practical way to dispose
of the solid refuse is to dump it into the Sound. In addition to
all the solid refuse, 73% or 730 tons a day of daily coal burned
would be disbursed into the air. No discussion on the effect of
fallout from this disbursement is offered. These facts show a
real threat to the environment of the North Fork and the Town of
Southold, -and particularly to the beautiful Sound from agricultural
property in Jamesport . Some of the threats Councilman Murdock has
outlined are : (1) The effect's on the air quality in the Town of-
Southold since the prevailing winds are westerly; (2) the ground
pollution from the leachate from the coal storage and chemical
transportation. When it rains the six acres of coal will leach
into the ground; (3) the erosion of the Sound front because of the
jetties as was proven when Levon properties was developing the
jetties in the same area. At that time there was substantial
erosion and it was proved to the extend that the Corps of Engineers
made them take those jetties down; (4) the pollutants in the Sound
from a two mile overhead conveyor because the prevailing drift of
the Sound, is into the waters of Southold Town. It prevailingly
drifts from a westward to an easterly direction. The other one is
the noise level and noise pollution in the air . What this would do
to our wildlife and 7300 tons a day emitted into the atmosphere
Councilman Murdock cannot begin to picture. He looks at this as
probably the most severe threat to the environment of .the Town of
Southold that there has been in a long time .
2 . Councilman Sullivan reported on the April 1 meeting of
representatives of the North Fork Soccer Club, Inc. -and Peconic
Soccer League with Supervisor Pell and Councilman Murdock for
the purpose of determining how town funds would be allocated to
both leagues . Representatives of. the North Fork Soccer League
included John McNulty, Dr . Joseph Lizewski and Troy Gustayson
46 APRIL 8 , 1980
Representatives of the Peconic Soccer League included Hugh
Gallagher, Audrey Layburn and Thomas Daly. After much discussion
about the prior years ' difficulty among the various soccer teams
of Southold Town and the reasons why a new entity was formed, it was
decided that . team rosters would be submitted to the Board by July 1st
and, based on the number of participants , Town funds would be
contributed. Last year the Town donated $400. 00 to Peconic Soccer
League . This year there is a new entity involved and they are
split between the two of them and the team rosters will be available
by July 1st .
3 . Councilman Murdock reported on the landfill . There were
two problems recently that are not usual . One was the very dry
weather- in the winter whereby the papers didn 't get wet and during
the first little blow of wind they picked up and took off . The
second was one thing the Town Board had tried to correct originally
in that when they bought the new peice of equipment it was ordered
with a bucket and lip that folds down over the bucker so -that as
the refuse is transported from place to place in the bucket the
lip holds it in the bucker. So far the bucket and lip have
not been delivered and in order to save $1800 a week in rental
that the Town has been paying for a subsidary piece of equipment
they put the bucket from the old equipment on the new equipment so
they could use the new equipment while they-.,were waiting -for the
new bucket and trap.- That hopefully will solve maybe half of the
blowing problem. The second. half is probably harder in that they
will always have loose paper and until they can figure out some way
of keeping the wind from blowing too hard and too often they will
probably have a paper problem. The major part of what they are
concerned with at the present time is that they are running out
of space . They will have enough space- to continue the landfill
operation for approximately two years and the committee would like
the Town Board to consider buying a peice of property adjacent to the
landfill .area that has been used for a sandpit . It is probably one
of the few uses in existence of a hole that they have and- need. If
they could buy the ,-property hopefully the State Department of
Environmental Conservation will allow them to use it . The committee
is asking that the Town Board start the process of appraising
the property in question and trying to buy additional land .
4. Receipt of the March -1980 Highway financial report . On
file with the Town Clerk.
5. Receipt of the Fishers Island Ferry District 'March 1980
financial report . On file with the Town Clerk.
6 . Supervisor Pell reported that there are 6 copy machines
throughout the Town ., Th.e lease ran. out on. these mach3;nes last fall ..
They have looked into IBM and Savin Copy machines:, along with the
present .Xerox machines . All three proposala ha:ve 'been received
and he has gone over them- tentatively with. 'Counci.lman Sullivan an
at the next Town .Board meeting they will make 'a recommendation to
the Town Board wh.eth.er to release Xerox or• lease another type 'of
machine. One machine would cost the Town $40..00 a month- more and
the others would cost $30. 00 a month. less.
7. . Receipt of the .Superv*isor ':s March 1980 financial report .
On file .with the Town Clerk.
8 . Receipt of th.e: Tow:n Clerk''s. March '1980 financial report .
9. Supervisor Pell stated that when he first stepped into his
chair the first of the year he was asked to come to Fishers Island
for a meeting with. the Civic Association. He went there and heard
all of their complaints. He told them he would like to go back to
the mainland and he would come back and try to straighten some of
the problems out . There are two highway employees there on year-
round employment making $12, 000 each per .year plus benefits . It
seems the residents were very unhappy with the amount of production
from the two .employees for, various reasons . Highway Superintendent
Dean went to the Island to set up a work schedule for them, They have
time cards and they are trying to tighten the situation. They have
set up a chain of command and are working on it with the Chief of
Police and two constables. He thinks they are progressing in
tightening the reins on Fishers Island.
10. Mr. Robert Muir has the lifeguards all set to go at the
Town beaches. The Town Board has decided to open Gull Pond and
Southold Town Beach on June 21st . On.:June 28th the rest of the
Town beaches will be opened.
11 . Receipt of Justice Tedeschi ' s March 1980 finan,�ia)l
report . On .file with the Town .Clerk. �
12 . Receipt of the Bay Constable ' s March 1980 report . On file
with the Town Clerk.
APRIL 8 , 1980 47
13 . Supervisor Pell reported that the five town East End
Supervisors met at Riverhead and had with them the Supervisor of
Brookhaven township . Councilman Murdock was also in attendance .
Brookhaven wanted to explore the feasibility of that township
joining the move to make Peconic County six towns instead of five .
They thought it was a good idea if they joined in . The east end
supervisor listened to their tale of woe, thanked them very much
and told them they were this far down the path as five towns
together and would go on as they presently are . The Brookhaven
Supervisor said he didn ' t blame them at all but he was sent to
ask.
14 . Councilman Drum reported that they were promised by
Suffolk County they would have the County Dredge to commence
dredging the New Suffolk Ramp area. He was down there this after-
noon and the dredge hasn 't arrived. Supposedly it will be done by
the 15th of April . '
15 . Councilman Drum said he has nothing to ;.-report 'on the Wage
and Policy Committee, they did not meet .
16 . Councilman Nickles reported that the Dog Pound Committee
met on April 2nd. He was present , Supervisor Pell, Maria Tejo,
Gladys Csajko, Superintendent of Highways Dean and Town Attorney
Tasker. The purpose of this meeting was merely to provide informa-
tion to the Town Attorney for a draft contract proposal betwen the
Town and the North Fork Animal League/ The Town has been negotiating
with the League for some time . Since the beginning of the year they
have had three of four meetings and finally came to a point where
they felt they were enough in agreement they could sit down with
Mr. Tasker and put into a contract form, at which time they will :
have another meeting after Mr . Tasker has it ready. Basically
what they have agreed to is a Dog Pound/Shelter . . ,There will be
another meeting some time within the next month at which time he
will report back to the Town Board.
17 (a) . Deputy Supervisor Johnson reported that she attended
the first working meeting of the County Executive ' s Housing Task
Force. This was pretty much an organizational meeting and it was
decided to set up some committees . The aim of the group will be
to do something about the housing situation on the island. To
try to find some way to bring funds in to finance multi-family
housing where it is needed. They are going to put considerable
amount of effort also into funding reconstruction, renovations and
perhaps just refitting existing housing, This probably is what we
would see most of in Southold Town . At the next meeting there is
going to be a discussion of how to get some money for middle income
housing. It will not all be for the low income people .
17 (b) . Deputy Supervisor Johnson then attended a meeting
of the Long Island Association of Town Environmental Officials .
This is a group that started up a couple of years ago by the
Nassau and Suffolk town Environmental Conservation Departments.
These are. all town officials who are involved with conservation
and the environment . Their purpose being to get uniform regulations
for clamming and, fishing so that what brings a $25 . 00 fine in one
--town won 't bring, a $250. 00 fine just a few miles down the coast.
There was another angle they had in their organization and that
was it found that when the clamming and fishing in 'the Great
South Bay area got to the point where the bottom was being damaged
and juvenile fish were being taken, regulations started to be made
that were rather strict and prevented fishing so people just
moved east to Moriches Bay and now the regulations are coming into
Moriches .Bay and the feeling is they are just going to keep on
moving east . Therefore, these people have been very interested in
trying to get east end towns involved in their association. Mrs .
Johnson was welcomec royally because she was the first east end
town representative who had ever attended one of their meetings .
They also had a slide oresentation of Nassau County ' s sludge
composting system which, hard to believe, was interesting.
17 (c) . Deputy Supervisor Johnson reported on her meeting
to the Suffolk County Legislature ' s Committee on Safe Drinking
Water, They did not learn much more there than they had from the
Town Board meeting. The only other thing that came out was some-
thing that the local papers have reported on quite well, and that
is if we ever do reach the point where the Town declares" -the greater
part .of our drinking water undrinkable the Town can get -five gallons
apiece from the Corps of Engineers. However , the normal usage per
person is 100 gallons so we will still have a problem. There was
a discussion also at this meeting that cesspool additives which are
a considerable problem and a discussion .of a situation which was
APRIL 8 , 1980-
not terribly unlike some of the problems in Mattituck where there
were tanks that wer rusting away and there was a clean up problem.
It seemed to Mrs . Johnson that in the discussion it went much more
smoothly than the Mattituck Inlet problem has gone and when she
discussed it she ended up having a little job of preparing a
chronology of the whole Mattituck Inlet situation for the head
of the committee who thinks it might be interesting to find out
where the Town lacked information for knowledge of who to go to
to get our problem solved. She is working on that . Another thing
that came up was a discussion of the filtering systems we are seeing
a great deal of advertising and merchandising for . Dr . Zaki of
the Health Department says they have done no studies whatsoever on
these. They are in the process of doing it . When they get to the
point of deciding a particular water filtering system or even bottled
water is not good they will advertise that . They are working on it .
18 . Supervisor Pell reported that the Town Board for the last
three Tuesday nights have met with five firemen. along with the Town
Attorney to go over the New York State Fire Code page by page and
they are going to come up with a Southold Town Fire Code . They have
agreed among themselves what it should be like . It is at.,-:the Town
Attorney' s office now being drafted. Approximately the end of this
month or the first of next month he will have it done and then it
it is the intent of the Town Board to meet with information meetings in
each fire house within the. Town prior to having the required public
hearing on a local fire code. This is where they stand on -that .
The Town Board has spent a long time, the last three weeks working
on it , The Town Attorney has worked on it for many years, they
have had many requests to work on a fire code and the Town Board
has worked one out that they feel will be suitable to our Township .
When everything is worked out a date will be posted at the different
fire houses for public meetings .
19 . Receipt of the Building Inspector ' s March 1980 financial
report . On,-.file in. t.he Town Clerks Office .
20. .•Councilman Nickles reported that the Parks and Beach
Committee met on April 2nd at 2 : 00 P.M. This was a meeting set
up by Supervisor Pell with various park district commissioners on
the north fork in the Town of Southold . They discussed the follow-
ing items : Vandalism and littering at their parks, the Chief of
Police was also present and, it is very difficult to get people to
stop throwing bottles out of windows and the Chief advised that
when they hire the summer patrolmen he will increase surveilance
in those areas . They also brought up reciprocal beach stickers idea,
possibly inter-town and intra-town which was not resolved. They
also have a full-time employee in the Mattituck Park District which
they inquired as 'to whether or not that person could be incorporated
in the Town ' s group health . insurance. When Councilman* Pell investigated
this the "Town Attorney advised it was not possible, but they could
very well make application to the State which he suggested to them.
The commissioners also inquired as to the possibility of working
with the Highway Superintendent in setting up a cooperative type
buying if they were buying equipment or ropes for the beaches they
might get together and buy it cheaper .
PUBLIC NOTICES
1 . Supervisor Pell reported that on April 14th at 8 : 00 A.M.
there will be a bus leaving the Town Hall for Albany, New York.
They are asking a donation of $5 .00 per person. There are six
buses going from the five east end towns . Each town was asked to
have one bus, to go and lobby for Peconic County. Assemnlyman
Behan has arranged the entire day for the six bus loads of people.
One -bus. will 'be the M:ili.tia --Band- from the south side. . The bus will
take the people to talk to the different people in Albany during
the day time and a cocktail hour from 6 : 00 to 8 : 00 PM and return
home approximately 1 : 00 to 2 : 00 AM. He hopes the bua from Southold
will be full . If anyoen would like to go they should call his office
and leave their name . Presently 15 people have signed up to go.
It is a 49 passenger bus . The $5 . 00 donation i.s not mandatory.
The cocktail party and buses are being paid for by,:.;the Peconic
County Committee .
2 . Noti:ee from..the New York State Department of Environmental
Conservation upon application of William Thompson to construct a
catwalk..:-and floating dock in Mattituck Creek at the southeast end
of Canoe Path, 'Mattituck. Comments to the DEC at Stony Brook before.
April 16th. Copy on file in the Town Clerk's Office .
3 . Notice from the NYS DEC upon complete application of
Bernard J. Pelgrim to construct a one family dwelling. Response
APRIL 8 , 1980 4�
date is April 16th. Located on the north shore of Corey Creek,
south side of Corey Creek Lane, Lot 17 of Section 78 Block 4.
4 . Notice from the NYS .DEC of complete application of Baxter
Properties, Inc. to create a four lot subdivision on 8 .4 acres.
Response date April 16th. Project site is on Long Island Sound
north side of Oregon' Road at intersection of Bridge Lane, Cutchogue.
5 . Notification from the Department of the Army, Corps of
Engineers upon applicationof William C. Thompson to construct a
pile supported timber catwalk, ramp and attached floating pier for
private recreational use at Mattituck Creek. Response . date is
March 21st .
6 . Resumes will be accepted for the Planning Board and Board
of Appeals. The term of Frederick E. Gordon on the Planning Board
expires April 30, 1980 and Terry R. Tuthill on the Board of appeals
expires April 19, 1980. Resumes will be accepted until April 18th.
COMMUNICATIONS
1 . In Mattituck between the Anchor I.nn and old Mill Inn the
Town has a 50 ft . bulkhead which needs repairs . The Board has
asked for estimates . Costello Marine Constrcting Corp . has sub-
mitted one estimate . It is in serious condition and might lead
to a washout .
2 . The Chamber of Commerce building near the Lutheran
Church has requested permission of the Town Board to add to their
building. They have a lot of cars stopping there and they would
like to add on to it . The Town Board discussed it and said they
would consider it subject to Town Board approval . The Board would
like to see what they are going to do"-.before approving it .
3 . Complaint about cablevision from Mrs . Mrytle J. Carr, New
Suffolk which. will be forwarded. to the Long Island Cablevision
Corporation.
4 . Notification from the Association of Towns concerning
a bill which. would provide that a refund of school district taxes
due to a reduction in assessment as a result of a certiorari pro-
ceeding will be a town charge and not a school district charge .
This will be researched to see what the Board wants to do about
it .
5 . Letter from Huntington Town Supervisor Kenneth C. Butterfield
relative to county sales tax. There are 500 towns in the State of
New York that get reimbursed .from,_part of the county sales tax.
Mr. Butterfield requested that the legislature consider giving the
ten towns in Suffolk County part of the sales tax back. Supervisor
Pell will respond that the Town of Southold is in favor .
6 . Complaint relative to Captain Kidd Water Company . This
does not apply to the Town Board.
7. Letter from the New Suffolk School Board expressing their
thoughts on Robins Island. They are opposed to taking the land
off of the tax rolls and making it a sanctuary.
8 . Letter from County Legislator John J. Foley asking the
Town Board' s feelings about the County Executive ' s Open Space
Program. This was discussed at the work session and basically
what the Board feels is that the Town of Southold should control
only the open space in this township. Supervisor Pell will so
advise Mr. Foley.
9. Notificiation from Long Island Cableivis.ion of a rate
increase from $8 . 95 per month to $9. 95 per month beginning May
1, 1980 for their luxury optional movie service .
HEARINGS & DECIS.IONS
Moved by Councilman Nickles, seconded by Councilman Murdock,
WHEREAS, Diane Gazza applied to the Southold Town Board for a
permit under the provisions of the Wet.land Ordinance of the Town
of Southold, application dated January 20, 1980 and
WHEREAS, said application .was referred to the Southold Town Trustees
and Southold Town conservation Advisory Council for their findings
and recommendations, and
WHEREAS, a public hearing was held by the Town Board with respect
to said application on the 25th day of March, 1980, at which time
all interested persons were given an opportunity to be heard,
NOW, THEREFORE, BEFIT RESOLVED that Diane Gazza, 2850 Cedar
Beach Road, Southold, New York be and hereby is granted permission
under the provisions of the Wetaldn Ordinance of the Town of Southold
to construct a floating dock and catwalk of Oft , width over the
wetl,ands .of her property at 2710 Cedar Beach Road on Dryads Basin,
Southold, New York.
50 APRIL 8, 1980
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
RESOLUTIONS
Supervisor Pell stated that the first two resolutions he is going
to offer tonight are not on the .agenda. He has not discussed them
with the Town Board at all . It is his own personal feelings on
Robins Island. He has been asked by many people and asked by the:
Town Board what his position would be. He has drafted a resolution
which will be offered. He asked Deputy Supervisor Johnson to read
the resolution. Supervisor Pell said that as the County Executive - ...41.
said when he was here some of his friends are for it and some of his
friends are against it and they are all his friends. This is not
the Town Board' s position, it has not been discussed. He is offering
it in the form of a resolution. '
RESOLUTION: County Acquisiton or Robins Island, Town of South old-
Resolution' made by William R. Pell I;II, Supervisor
WHEREAS, Robins Island, a 400+ acre natural island in the Town
of Southold, is a unique natural rea, and .
WHEREAS , it has been recommended for preservation by the Suffolk.
County Planning Commission since 1960, and
WHEREAS, several recent proposals have discussed the public
acquisition of Robins Island, and .
WHEREAS, the Island is of prime concern to the Government and
people of the Town of Southold, and
WHEREAS, the .proper disposition, management , and use of this
Island could be of great economic and environmental
benefit to the Town of Southold, Now Be It Therefore
RESOLVED, That the Town Board of wouthold• wishes to go on record,
by adopting this home rule resolution, that it is in
favor of the protection and preservation od this
important peice of southold real estate , and Be It
Further.
RESOLVED, That the Town Board of the Town of Southold wishes to
inform the County Executive, the Legislature, and
Legislator Blass, of the To•wn' s support for the County
acquiston of Robins Island, i.f it i.s to be in accord
with. the following:
1 . That the Island be acquired by the County of Suffolk.
under the provisions of the Nature of the 'Suffolk.
County Charter to insure that the Inland will remain
a preservation area in perpetuity and not at any time
developed for intensive park purposes .
2 . That ,the County assign adequate rangercontrol to
insure. safe monitoring of the Island, and
that the ranger control be under th.e. Town
jurisdiction.
3 . That the management policies be assigned to the
Town of southol.d so that the effective control of
the Island be at the Town level i.n .order to protect
the interests of the people of the Town -- a policy
that already is in existence whereby County Park.
properties such as the County holdings .at Shinnecock.
in the Town of Southampton, are managed by the
municipality rather than the County.
4 . That the County phase out the tax burden to the New
Suffolk. school district and the Town of Southold by
including within the acqui.siition a twenty year tax
phase out program that would reduce the contribution
to the district and Town by five percent each year
during the twnety year period.
Councilman Nickles seconded the motion so there can be discussion on
the resolution.
Supervisor Pell offered a motion to table the resolution before
the foregoing resolution is voted on until the next Board meeting.
He does not expect a vote tonight , he just wanted to get it on the
record. He did not want anyone on the Board to vote on something that
important without having the time to discuss it thoroughly and review it .
lCouncilman Drum agreed, he said a motion of this length and to present
it in such a manner at this time without having had any inkling or
any discussion whatsoever this afternoon will take time to digest
APRIL 8 , 1980
the motion of that length and the various items . It would be most _
appropriate that they, wait . Councilman Drum said Supervisor Pell
was asked his feelings at the afternoon work session and he did
not wish to discuss it .
.Councilman Nickles stated he seconded Supervisor ' s Pell motion
so it could come on the floor and there would be discussion .
Councilman Nickles seconded Supervisor Pell ' s motion relative to
Robins Island.
Town Attorney Tasker stated that there are not two motions and he
felt the first motion should .be withdrawn. They have a motion to
pass the resolution and on top of that before that has been acted
on they now have a motion to table it . He believes the first motion
should be withdrawn. Supervisor Pell stated he check with Robert 's
Rules and---Town Attorney stated it is his ruling and he does not
know that the Town Board is guided by Robert 's Rules--Councilman
Drum said he feels Supervisor Pell has made his point and therefore
could withdraw the motion. --Supervisor Pell agreed. He said it
would be put on the agenda for the next Town Board meeting and he
stated he will sit next Tuesday, April 15th from 1 : 00 P.M. to
7 : 00 P.M. at the Town Hall to speak to anyone who wants to come
in and go over his proposal for Robins Island in detail .
Supervisor Pell withdrew his motion previously offered relative to
the County acquisition of Robins Island. Councilman Nickles
withdrew his second to the motion.
A member of the audience said he wishes to hear the Board' s
discussion on Mr. Pell ' s motion. ---Supervisor Pell said that
he thought out of courtesy to the Board, that he would
like to give the Board time to study the resolution, talk it
over with him and research it so they will be familiar with it .
That is one of the reasons why he does not feel it is justifiable
to his colleagues to discuss the proposed resolution tonight .
They asked him at 4 : 00 in the afternoon what his feelings were
on Robins Island and he did not feel he had sufficient time to
go over it point by point with them. It is part of the public
record now, they all. heard it for the first time, they do not
have copies of it . He will put in on the agenda in two weeks
when they meet again and it will be discussed at that time publicly.
RESOLUTIONS
1 . On motion of Councilman Sullivan, seconded by Councilman Nickles, it was
RESOLVED that the maintenance bond in the amount of $16,770. 00
posted by Rolands Electric Inc. for electrical work for the Town
Hall Addition to guarantee. th.e said" work against di.s .ntergration
due to faulty workmanship and material for.' one year beginning
January 1, 1979, be and hereby is released upon recommendation
of Greenman-Pedersen Associates, P.C. , consulting engineers for
the addition .
Vote of the Town Board: Ayes: Councilman Sullivan Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
2 . On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold approves the
action of the Board of Commissioners of the Fishers Island Ferry
District in awarding the bid for the drydocking of the M/V
Munnatawket to Hitchcock Gas Engine. Co. , Bridgeport , Connecticut
at the low bid of $11, 560. 00 plus $37 . 50 per zinc and $240. 00
labor for installation of zincs; plus $640 . 00 to inspect and
renew strut bearings, if required, $1, 650. 00 to pull both shafts
for inspection and gauging, and platework at $0.85/lb. , .$20. 00/hr.
labor, materials '(oxygen, acetylene, welding rods) cost +157o, and
BE IT FURTHER RESOLVED that the Board of Commissioners of the
Fishers Island Ferry District be and hereby are granted permission
to enter .into a contract with Hitchcock Gas Engine Co . . for the
aforesaid work..
Vote of the Town Board Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted..
3 . On motion of Councilman Sullivan, seconded by Councilman Nickles, it was
RESOLVED that the Griswold-Terry-Glover Post No . 803 , American
APRIL 8 , 1980
Legion, Southold, New York be and hereby are granted permission
to use the following Town roads as staging areas for the annual
Memorial Day Parade to be held on Monday, May 26, 1980 at 10: 00
A.M. : Hobart Avenue and Boisseau Avenue, Southold, providing
they secure the necessary insurance to hold the Town 'of Southold
harmless .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
4 . On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED that the Cutchogue Fire Department be and hereby are
granted permission to use Town toads as staging areas for their
13th Annual Fireman ' s Parade and .Drill to be held on Saturday,
July 19, 1980 at 6 : 00 P.M. (rain date July 20, 1980, 2 : 00 P...M. )
providing they secure the necessary insurance to hold.- the Town
of Southold harmless .
Vote.-of the Town Board : Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
5 .
(a) On motion of Councilman Nickles, seconded by Supervisor Pell , it was
RESOLVED that pursuant to Article 8 of Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617 . 10 and Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project will not have
a significant effect on the environment .
DESCRIPTION OF ACTION
Application:`of Richard A. Schlump- for a wetland permit to
construct a catwalk and flaoting dock for the purpose of mooring a
boat at Howard' s Creek, Home Pike Road, Lot '#l, Map of "Point
Pleasant", Mattituck, New York.
The project has been determined not to have a significant effect
on the environment for the following reason:
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment are likely-,to
occur should the project be implemented as planned.
Vote of the Town Board : Ayes : Councilman Sullivan, Councilman .
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
5 .
(b) On motion of Supervisor Pell , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold set 8 :10 P.M. ,
Tuesday, May 6, 1980, Southold Town Hall, Main Road, Southold, New
York as time and place for hearing upon application of Richard A.
Schlumpf for a .permit under the provisions of the Wetland Ordinance
of the' Town of Southold for permission to construct a catwalk and
floating dock for the purpose of mooring a boat at Howard ' s Creek,
Home Pike Road, Lot #1, Map of "Point Pleasant" , Mattituck, Newyork.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
6 . Moved to bottom of the agenda. (Appointment bf Francis Doyen to
various Southold Town Committees. )
7 . On motion of Councilman Sullivan seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at the Southold Town Hall , Main Road, Southold, New
York on the 22nd day of April , 1980 at ° 3 : 30 o ' clock P.M. , at which
time and place all interested persons will be given an opportunity
to be heard upon the following matter : "A Local Law to Provide
for the Appointment of Committees", which reads as follows :
The Code of the Town of southold_ is hereby amended by adding
a new chapter thereto , to be Chapter 7, to read as follows :
Section 7-1 Establishment of Committees .
The Town Board, by resolution, may establish
advisory committees for such pruposes as it may
deem necessary, to assist it in the performance
of' its duties .
Section 7-2 Committee Members .
The Town Board shall determine the number of
APRIL 8, 1980
�3-
members to such committees, appoint the members
thereto, and designate the chairman - thereof .
Members of the public, public officials and
public employees shall be eligible to serve
as members of such committees. Members shall
serve without compensation, and at the pleasure
of the Town Board.
Section 7-3 Duties .
Committees shall perform such duties and
exercise such powers as may be specified by
the Town Board. Committees shall have no
powers other than advisory.
Section 7-4 Expenses .
Committees may incur such expenses in the
performance of their duties as may be
appropriated therefor by the Town Board.
Section 7-5 Staturory Provisions Superseded.
This chapter shall supersede, in its application
to the Town of Southold, subdivision 17 of
Section 64 of the Town Law.
Section 7-6 This Local Law shall take effect immediately.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
8 . Turned over to Town Attorney Tasker for reply. (The Civil Service
Employees Association, Inc . be recognized as the sole bargaining
agent for all the employees of the Town of Southold ex-ept emmbers
of the Police Department , for the purpose of negotiating the 1981
contract with members of the Southold Town Board. )
9. On motion of Councilman Murdock, seconded by Councilman Sullivan, it was
RESOLVED that "the Town Board of the Town of Southold hereby authorizes
payment of the vouchers of Holzmacher, MdLendon & Murrell, P.C. in
the amount of $3992. 96 for professional engineering services rendered
in connection with procurement of landfill equipment at the ,Town
Landfill .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This. resolution was declared duly adopted.
10. This resolution was not offered. (Set a public hearing date to
reallocate $11, 500. 00,,:of Federal Revenue Sharing Funds. )---Super-
visor Pell stated the Board discussed this today and decided to
cross it out . The Town is eligible to receive state tra;nsportation
funds. An engineering firm must be hired to .do the paper work.
The Town will receive approximately $160, 000. When the Board is
ready to hire someone they must transfer the money into the proper
account to pay the engineering firm. They are not quitei..ready to
act upon it at this time .
11'. Moved by Councilman Nickles , seconded by Supervisor Pell,
WHEREAS, in recognition of the secretary, the week of April 20-26 .
1980 has been designated as Secretaries Week; and
WHEREAS, in keeping with the best tradition of their profession,
secretaries are accepting vital responsibilities and are perform-
ing important roles in commerce, industry, and government ; and
WHEREAS, the efforts of these professionals and their many contri-
butions to the nation 's progress are significant ; and
WHEREAS, to recognize the secreaties now doing their jobs dil:i-
gently and to . encourage others to enter this worthy career, it is
essential that .;r.ightful. acknowledgement be given their talents;
NOW, THEREFORE, I WILLIAM R. PELL III , Supervisor of the Town of
Southold, do hereby proclaim the week of April 20-26, 1980
Secretaries Week and ask that all business and industry join in
giving recognition to this group, paying special attention to
SECRETARIES DAY on April 23, 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 said there are eight ladies in the Southold Town
Hall that fill the role as secretary. He came to the Town Hall
51 APRIL 8 , 1980
on January 2nd and he. is proud of those eight ladies . They have
cooperated, they have helped him and the town Board. They are
good hard workers. and do a good job for the Town and without them
he would be lost , they keep him straight and make sure . he gets to
the right places on time with .the right forms filled out and
signed; he takes his hat off to them.
12 . Moved by Supervisor Pell , seconded by Councilman Nickles,
WHEREAS, The Southold Town Planning Board and Suffolk. County
Department of Planning have prepared official reports and
recommendations on the application of Maidstone Development,
Inc. for a change of zone from "A" Residential and Agricultural
District to "M-1" General Multiple Residence District on 'certain
property situated near Greenport , in the Town of Southold, Suffolk.
County, New York, bounded and described as follows :
BEGINNING at a monument on the northerly line of the
North Road at the southwesterly corner of land, now or
formerly of Parlamis, formerly of Marston, being the
southeaterly corner of the premises herein described;
from said point of beginning running along said northerly
line of the North Road South 53 degrees 24 minutes 30
seconds West a distance of 255 .26 feet ; running thence
along land now or formerly of Crystal on a line parallel
to and 250 feet westerly from the westerly line of said
land of Parlamis North 24 degrees 56 minutes 30 seconds
West a distance of 852 . 29 feet .to ordinary high water .
mark of Long Island Sound; running thence along said
hgh. water mark of Long Island Sound North 32 degrees
09 minutes 30 seconds East a distance of 297 .75 feet
to said Land of Parlamis; thence along said land of
Parlamis South 24 degrees 56 minutes 30 seconds East
a distance of 962 .47 feet to the point or place of
beginning, said premises containing. 5 . 207 acres according
to survey of Otto W. Van Tuyl & Son,, dated October 31 , 1961 .
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held
by the Southold Town Board at 8 : 15 o 'clock P.M. , Tuesday, May 6,
1980 at the Southold Town Hall, Main Road, Southold, New York on
the aforementioned petition, at which time any person desiring to
be heard on the above proposed petition should appear at the time
and place so specified, and be it further
RESOLVED that .the Town Clerk be and she hereby i.s authorized and
directed to cause notice of said hearing to be published in the
official newspaper pursuant to the requirements of law.
Vote of the Town Board : Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
14 . Moved by Councilman Nickles, seconded by Councilman Drum,
WHEREAS, the Southold Town Planning Board and Suffolk County
Department of' Planning have prepared official reports and
recommendations on the application of Wayne Associates for a
change of zone. from "A" Residential and Agriclutural District .
to "M-1" General Multiple Residence District on certain property
situated at Bayview in the Town of Southold, County of Suffolk,
State of New York, shown on a certain map entitled "Subdivision
Map of. Cedar Beach Park" filed in the Suffolk County Clerk' s
Office December 20, 1927, Map no . 90, more particularly
bounded and described as follows :
BEGINNING at the corner formed by the intersection of
the southerly side of Orchard Lane (private) with the
easterly side of Cedar Beach Road; running thence along.
the southerly side, of Orchard Lane south 66 degrees 52
minutes 20 seconds east 451 .63 feet to. a point; running
thence 60 degrees 37 minutes 40 seconds east 63 . 02 feet
to a point ; running thence along the arc of a curve bear-
ing to the right having a radius of 156 . 20 feet a distance
of 121 . 09 feet; running thence south 58 degrees 46 minutes-
50 seconds east 181 .42 feet to a monument; running thence .
south 62 degrees 07 minutes 20 seconds east 205 feet to the
ordinary high water mark of .Cedar Beach Harbor; thence '
southerly and southeasterly along the ordinary high water
mark of Cedar Beach Harbor 426'.;feet more or less to the
northerly line of lot . no. 39 on Map of Cedar Beach Park
to aforementioned; running thence north 62 degrees 07
minutes 20 seconds west 220 feet to a point; thence north
22 degrees 07 minutes 40 .seconds East 28 . 25 feet; running
thence north 66 degrees 52 minutes 20 seconds west 754 . 52
APRIL 8, 1980 45J
feet to the easterly side " of- Cedar Point Drive.; running
thence along the easterly side of Cedar Point Drive and
along the easterly side of Cedar Beach Road north 23 degrees
07 minutes 40 seconds east 322 . 11 feet to' the corner
first above mentioned at the .point or place of BEGINNING.
NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held
by the Southold Town Board at 8 : 30 o ' clock P.M. , Tuesday, May 6,
1980 at the Southold Town Hall, Main Raod, Southold, New York on
the aforementioned petition, at which time any person desiring to
be heard on the above proposed petition should appear at the time
and place above so specified, and be it further
RESOLVED that the Town Clerk be.-'-and she hereby is authorized and
directed to cause notice of said hearing to be published in the
official newspaper pursuant to the requirements of law.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
15 .0n motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold hereby
releases the performance bond of Esseks, Stark and Denis posted
for roads and improvements in the subdivision known as "Inlet
East Estates". at Mattituck, in accordance with the recommendation
of the Planning Board Engineer Davis, Highway Superintendent Dean
and Highway Committee Councilman Nickles and Sullivan.
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 last fall the Board agreed to hire
Mr. Irving Miller to do an economic study on the formation of
Peconic County. The bill came in and it was paid for out of the
Councilmen' s Account , as the work was performed for the Councilman.
The next resolution will replace the Councilmen!.s founds so they
will have the money to be paid with. )
16 . On motion of Councilman Drum; seconded by Supervisor Pell, 'it was
RESOLVED that $3 , 000. 00 be and hereby is transferred from Contingent
A.1990.4 to Councilman Contractual A1010.4
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
17. On motion of Councilman Drum, seconded by Councilman Murdock, it was
(a) RESOLVED that the Town Board of the Town of Southold reject all
bids received on April 3, 1980 for supplying the. Southold Town
Highway Department with 150, 000 gallons, more or less, of asphalt
road materials for use in the repair and maintenance of Town highways.
Vote of the Town Board: Ayes : Councilman Sul.livan, . Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
(.Supervisor Pell stated that the bids for asphalt road materials
were rejected because the bids did not specify that the material
be delivered and applied. )
17 . Resolution to rebid for asphalt road material is being held in
(b) abeyance until Town Attorney Tasker can revise the bid specifications
prepared by Highway Superintendent Dean.
18 . On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold authorizes
the payment of $42, 909. 00 to Mullen Motors, Inc. for five marked
and one unmarked police cars, subject to the approval of Supervisor
Pell and Chief Cataldo .
Vote of the Town Board: Ayes : .Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
Supervisor Pell appointed Justice Francis T. Doyen, Fishers Island,
a member of the Inland Waterways- Committee, Highway Committee and
Taxation and Finance Committee.
Councilman NIckles stated that on March 31st the Department of
State called a special meeting of east end officials and members
of the Estuarine Sanctuary Steering Committee. He attended that
meeting and at that time made the following statement :
56 APRIL 8, 1980
(Letter address to James Morton,. Coastal Management Program,
New York State Department of State)
"After three months of informational meetings, dialogues with
County, State, Federal,. East End Officials , Town residents,
and the studying of reports, I have come to the conclusion that to
spend $100, 000 . 00 ($50, 000. Federal Grant and $50, 000 State Match)
of Taxpayers monies to conudct an Estuarine Sanctuary Study for a
program that very few people want is a waste .
There isn 't any justification for a Peconic-Flanders Estuarine
Sanctuary other than to provide a vheicle for the funding of . the
acquisition of Robins Island and other open space areas.
I share a belief with many of the people I represent that
there exists at this point in time more than sufficient Town,
County, State and Federal regulations to preserve and protect
our waterways and wetlands including those environmentally fragile
portions of Robins Island.
I oppose the Peconic-Flanders Estuarine Study and Sanctuary"
Councilman Nickles stated that at the March 31st meeting there were
twn .or twelve east end officials and with the exception of Easthampton,
the two steering committee members from the Town of Southold who were
bound by a decision of the Town oard in January that we would go
along with the study and reserve their decision at wuch time as
the study came in, were all opposed (Southampton, Riverhead and
Shelter Island) to the study and the sanctuary concept.. They spent
two and a half hours and all he heard were negative comments about
the program. The Deputy. Secretary of State said she was getting
confused signals. If she was getting confused signals it certainly
wasn'.t from that meeting. It was Councilman Nickles ' understanding
the meeting was held to get a final concensus before they accepted
the $50, 000 grant from the federal government . As he understands
from the papers, no official notice has been received from the
State to Supervisor Pell ; that they have accepted the grant . The
papers indicate that they accepted as a provision or condition that
there be another meeting with east end officials and/or the public
on either the 15th or 17th of April . It is Councilman' Nckles '
feeling that if anyone has any appregensions about the program
it seems to him it was conceived without and it is going`�along
without them and he has a feeling we are. on a freight train going
down hill and he would like to get off ..:before it .is going too fast .
Councilman Nickles said if they come o 't--.again-.and ask the opinion
of the Town of wouthold he would like 2"he Town Board to change their
position so there won ' t be any confuse`& signals.
Councilman Nickles offered the following resolution :
RESOLVED that a letter be forwarded to the Secretary of State
with copies to the manager of the Coastal Management Program,
Long Island Regional Planning Board, Commissioner Flacke of the
N.Y.S . Department of Environmental Conservation and Mr . Anthony
Taromina, N.Y.S. Department of Environmental Conservation stating
that the Town Board of the Town of Southold opposes the pre-
acquisition study for the Peconic/Flanders Estuarine Sanctuary
and the concept of the Peconic/Flanders Estuarine Sanctuary.
Councilman_ Murdock- stated that originally the Town Board acquiesced
to the study on the hopes that they would have sufficient input
on what they called the Peconic/Flanders Estuarine Sanctuary
Steering Committee. The Steering Committee was supposed to be
composed of 15 people. They were informed.-..that the Steering
Committee ' s function would be to hope formulate the rules of
the operation of the sanctuary. They were informed that the entire
sanctuary would be .governed by these 15 people . At that time the
Town Board voted to support . the study it was not because they were
in favor of the. study, it was more because they were jockeying
for position as a friend of the family as opposed to an adversary.
The Town Board secured two representatives on the Steering Committee
from the Town of Southold, and one from the Village of Greenport .
The second part that swayed the Town Board was that they were
assured hundreds of times that if one town objected to the concept
of. the Peconic/Flanders Estuarine Sanctuary, it would be do.ne 'on a
home rule basis and the Peconic /Flanders Estuarine Sanctuary would
not come to be. That pledge has been violated many times. There are
now three towns definitely opposed out of the five . A majority rule::.-
does not even affect them, let alone did they abandon the premise
that one town was sufficient to kill the proposition, now the majority
is not sufficient . They are in the act of changing the function of
APRIL 8 , 1980 5.7
the Steering Committee so the work they have done to secure three
members of the committee, which hopefully would have given the
Town of Southold strong input, now that is in danger of being
disposed of . They have been led down the garden path. Mr . Murdock
said he would second Mr. Nickles ' motion, and since the study is
already an accomplished fact , it has been accepted by the State,
he feels. it would -be useless to object to the study, but they
object to the Peconic Estuarine Sanctuary as a whole .
Councilman Drum stated they attended the meeting that was called
by the State Department last week and they had not quite made up
their mind which way they were going, however, they went back and
decided they would accept the money. There has been another motion
made tonight by Mr . Pell for the Board ' s consideration. He thinks
this changes the whole complexion of what is before the Town Board.
He thinks it changes the complexion of the Estuarine Sanctuary. Dr.
Koppelman came out and stated some time ago the Estuarine Sanctuary
had basically one purpose and that was to acquire Robins Island.
Dr. Koppelman also made the statement just the other day after the
State of New York decided to go ahead with the study, which has a
proviso, there must be -an environmental impact statement forth-
coming by the 15th of May. The environmental impact statement
also includes the economical impact of the estuarine sanctuary..
Dr . Koppelman has said it is impossible, it cannot be done, yet
supposedly the committee is going to meet at some time . Councilman
Drum very definitely feels that the Town Board and Councilman Drum
as a member of the committee be relieved from being bound by the
January resolution .
Councilman Sullivan said that both propositions are tied in, he
thinks Supervisor Pell ' s discussion may stand on its own, infact
they may be two different things . Councilman Sullivan said he
is ready to vote on Councilman Nickles ' resolution.
Mr . Dan Cone, Southold said he has been listening to the Board
discuss the estuarine sanctuary and the position they have taken
on it and he respects and supports the desire of the Town Board
to have a voice in what happens to the waters around the Town
and Robins Island and anything else that hinges on the life of
the Town. He also thinks that those who represent the voters
should be interested in what their constituents feel about it .
Mr . Cone is ver/ upset about the idea of seeing Robins Island
commercially developed and he knows there are other people in
the Town who feel the . way he does. He has no way of knowing how
many there are of them. I:t would seem to Mr. Cone that before
the Town Board votes on whether to support -it or not support it,
they should make some sort of an effort to find out how the people
of the Town are divided on it . Petitions have been circulated
and contain more than 2000 signatures of those people who would
like to see the island preserved. Does the Board know how many
people who would like to see it commercially developed?
Councilman Nickl�s explained to Mr . Cone that his resolution does
not pertain dire*Ctly to Robins Island, it pertains. directly to
the sanctuary, the concept itself . Councilman Nickles said his
position is that the only justification for an estuarine sanctuary
is going to bind roughly 120, 000 acres, 90, 000 acres of shorefront
and waterfront , is a vehicle to provide funds for the acquisition
of Robins Island. Robins Island is an important part of Southold
Town and so is the Peconic/Flanders Bay area which stretches from
Riverhead all the way to Orient Point , over to Easthampton and
back up the south shore . Councilman Nickles said he is not willing
to encumber the people of the Town of Southold with another set of
regulations when they already have the Town Wetlands Ordinance, Town
Trustees, County control by the Planning Department within 500 feet
if anything occurs on the waterfront, there is the State DEC, the
Corps of Engineers and in his estimation those regulations are more
than sufficient to preserve and protect our waterways and wetlands
at this time . He thinks the question of whether Robins Island should
be purchased should be treated as a separate question. - - Mr . Cone
said the only point he was trying to make is whether the Board is
representing the people of the Town. He heard Supervisor Pell' s
resolution introduced for the first time tonight and he has not
seen a. copy and he understands neither has the Board. It seemed
to Mr . Cone that the Board might well postpone action as they did
on Mr. Pell ' s resolution until two weeks from tonight to give every-
' APRIL 8, 1980
body a chance to look at both resolutions and possibly get some
input from the voters to the various board members . ---Councilman
Drum has been aware and listened to pros and cons . He realizes
there are some 2200 signatures. The head of the Farm Bureau made
known to Councilman Drum that there are 1500 farmers that .they
represent on the other side . He does not listen to any :one. This
has been foremost in his mind for many months now. He has attended
many meetingsof both factions and there is a lot to be considered.
He will give every consideration, it will not be a hasty judgement .
Mr . Frank Costello pointed out that Mr . Nickles ' proposal and
Mr . Pell ' s proposal are two separate issues . Dr . Koppelman has
taken Robins Island and stuck it in with the estuarine sanctuary.
In Denis Hurley' s report of February 20, 1980 he states that
althouhg federal regulations are identified as guidelines they
carry the weight of the law- -----The primary use of the estuarine
sanctuary 'shall be for research and educational purposes especially
to provide some of the information essential for coastal zone
management and decision making. They could prevent recreational
fishing, hunting and other related activities . (Mr. Costello
read excerpts from Mr . Hurley ' s report . ) Mr. Costello said he
opposes the estuarine sanctuary as well as a tremndous amount of
other people and he presented a letter sent by the Association of
Marine Industries, to County Executive Peter Cohalan and other
officials, as well as a letter from Joseph P. Ulrich in opposition
to the estuarine sanctuary. '
Mr . Robert Wacker asked why they could not put the vote on Councilman
Nickles ' resolution off for'. two. weeks, why it must be done at this
meeting. He feels it does relate to Robins Island. ---Supervisor
Pell sadi he asked Councilman Nickles the same question and Councilman
Nickles explained that they might have to attend a meeting scheduled
on the 15th or the 17th of April ,- -another Steering Committee meeting.
He wishes to have the Town in opposition before that meeting.--Mr .
J.G. Dill, New Suffolk, said he faces Robins Island and he has five
acres on the waterfront . He does not see why Supervisor Pell ' s
motion was delayed until a public hearing to get the thoughts of
the people but Mr . Nickles ' motion cannot be. delayed. ----Councilman
Nickles said there was a meeting with County Executive Cohalan who
came out to Southold Town to hear what the people had to say and
at that meeting he really concentrated on two issues, the sanctuary
and/or the county acquisition of Robins Island._ There have been
many hearings conducted in Southold Town and Riverhead and the
number of meetings the Town Board members have attended. He thinks.
the public is well aware of what the sanctuary is about . It i.s
true the study is not complete, . it may never be complete, but he
does not need a study by someone who goes out and spends $100, 000.
of our tax money to tell the Towns something they have already told
them, which is, they think those areas on Peconic Bay should have
a sanctuary because we have clean water. ---Mr . Pell insisted that
the Town of Southold never held a public meeting on the estuarine
sanctuary. --Supervisor Pell stated that Southold Town was the first
town of the five east end towns that held a public meeting back in
January . It was held for information and Councilman Drum chaired i_t . -,
Chairman Drum stated that Dr . Koppelman, as a result of the meeting
where it was determined they would go ahead with the study, said
they cannot accomplish an environmental impact statement by the .
15th of May, it is impossible. The Board ' s point is that they
are faced with doing something they cannot accomplish. Dr.
Koppelman said they should have started the impact study back in
February if the Steering Committee was to operate .---Mr . Frank
Bear said that Councilman Nickles has said there have been a number
of public meetings on the estuarine sanctuary, and that is true, but
it is also true that the Steering Committee has not made the study,
the Steering Committee has the responsibility for determining the
rules and regulations pertaining to -the proposed sanctuary and none
of that work has been done yet and now he is suggesting that the
study not even be held, he is making up his mind and proposing
that the Board make up their mind on what all of it is about before
theSteering Committee has an opportunity to do its job. --Councilman
Nickles stated it is not a unique situation because three other towns
have unanimously voted against the study with not as much effort as
this Toen Board has put into it to this point . ---Councilman Murdock,
said there are two different problems involved in this . It became
apparent four or five weeks ago that the estuarine sanctuary proposal
was in serious trouble. It became apparent to those attending the
meetings that Dr . Koppelman. himself was looking for other avenues
APRIL 8 , 1980 5(9.
to approach Robins Island. The other avenue of approach has been
suggested by: Supervisor Pell . Because the Board does not go along
-with the sanctuary, he feels if the public were allowed to see a set
of rules similar to those all on the Board have had; all the rules
and guidelines from each of the sanctuaries, if the public, particularly
Mr . Dill with five acres of waterfront property, and one of the rules
in Oregon was that the purpose was for establishing a living laboratory
for the processes involved in natural functions of wildlife to the
exclusion of human and domesticated animals input . Anything that
someone would try and do - if a dog chased a bird on its own
property within 500 feet of the waterfront - the individual could
be penalized and forced to cage the dog because he is now inter-
fering in the level of operation. The price to preserve Robins
Island, the price that the sanctuary. would impose on the entire
body surrounding Peconic Bay is huge, much' to huge. In no way
is the Town Board prohibiting the action of the County from taking
over the purchasing of Robins Island. They are merely trying to go
on record that the sanctuary as it has been shown to the Board is
untenable and in the lack of getting a chance of every participating,
and they try very hard to participate, and the rules are constantly
being changed. Councilman Drum and Councilman Murdock are on the
Steering Committee . To this day they say there may be a meeting
and to this day no one has ever informed them as members of the
Steering Committee of any activity ro action they have taken.
Councilman Murdock said he would think if an individual was on
a committee and the committee is being shunted aside that is a
reason to disband the committee. If the committee is only a
figurehead or letterhead to the purpose of sanctifying what the
people are doing then the committee should have sense enough to
realize they are only being used for no purpose.'
Supervisor Pell said that the previous evening his wife went to
a gathering where .there were .over 50 people. Someone prepared
a paper with three things on it and asked the. people .present how
they felt . On the question of "Do, you favor the study of the
marine sanctuary?" That response was 34 yes they prefer the
study, 10 said no, and eight were undecided and two blanks .
On Peconic County, 34 said yes, 4 said no, 15 want more information,
Ob Robins Island, 16 said develop it, 24 said:_..the County buy it and
6 said Southold Town should buy it and two said save it somehow. --
Councilman Sullivan asked what group that was . ---Supervisor Pell
declined to reveal the name of the group .
Councilman Sullivan said that a great deal has been- put into the matter
of the marine sanctuary and the Boards ' intent is for the betterment of the
Town. They want it to be developed.. right, they live here and want
everything to be the way they want it to be and he hopes people
realize they are trying to make a decision for the best of. the
Town . He stated that people who approach him overwhelmingly are
opposed to the estuarine sanctuary..
Mrs. Beulah Gebhart said she has spent most of her life around
this area and she thinks they should all thank the Supervisor
and Board members for doing the researching and for really trying
to do the best for Southold Town .
Councilman Nickles ' resolution, seconded by Councilman Murdock
was reread as follows :
RESOLVED that a letter be forwarded to the Secretary of State
with copies to the manager of the Coastal Management Program,
Long Island Regional Planning Board, Commissioner Flacke of. the
N.Y. S. Department of Environmental Conservation and Mr . Anthony
Taromina, N.Y. S. Department of Environmental Conservation stating
that the Town Board of the Town of Southold opposed the pre-
acquisition study for the Peconic/Flanders Estuarine Sanctuary
and the concept of the Peconic/Flanders Estuarine Sanctuary..
Vote of the Town Board: Ayes : Councilman Sullivan,. Councilman
Murdock, Councilman Nickles, Councilman Drum. No : Supervisor
Pell .
This resolution was declared duly adopted.
Mr . David Strong, Mattituck asked Supervisor Pe'll:..why he is in
favor of._-the sanctuary?---Supervisor Pell said the .study, not the
sanctuary ... He is in favor of finding the facts out . His resolution
gives the Town of Southold control . If the study comes out and
says some how the Town can control 'it he will evaluate it , but he
60- APRIL 8, 1980
does not want the Town Board to give up one piece of control. East-
hampton Town bought a piece of land, Southampton has a piece which
the County bought and they control and he thinks it can work- out
with the County buying the property and the Town controlling it .
Mr . Jerry Horton said that if there is any more Town Board discussion
on Robins Island he would like to see it take-place at evening meetings
when the working people can be there .
On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the resolution setting 3 : 00 P.M. , Tuesday, April 22,
1980 as the next Town Board meeting be withdrawn.
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 Nickles, seconded by Councilman Murdock, it was
RESOLVED that the next regular meeting of the Southold Town Board
will be held at 7 : 30 P.M. , Tuesday, April 22, 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 .
Mrs . M. J. Paul said they have more petitions and their exact
count is 2226 signatures . She understands some of them are looking
them over and finding some students .who have signed. She thinks
this is a very healthy sign for it is the first time she can remember
when students have been interested in something of such importance
to Southold Town and it should be encouraged. There are some out-of-
town signatures on the petitions also but they feel very strongly
about Robins Island remaining natural . ----Councilman..Sullivan asked
Mrs . Paul who had looked at the signatures. ---Mrs . Paul said he had
looked at them.---Councilman Sullivan said he had not looked at them,
as did Councilman Nickles and Murdock. --Supervisor Pell said he had.
(Mrs . Paul presented additional petitions. )
Mr . Bear said they have been receiving signatures in the mail,
they received another batch today on one petition and out of
11 signatures on that petition there were eight from New Suffolk.
He also pointed out that out of the 2226 signatures he would guess
that at least 1900-2000 are residents and taxpayers of Southold
Town . Those people are evidence enough, it would seem to him,
to prove to the Town Board that the sentiment for saving Robins
Island is overwhleming. Mr . Bear said that number represents more
than half of the number of people who were required to elect each
and every one of the Town Board members. As far as the students
are concerned, some of those are going to be voters next fall and
he thinks they have a right to be on the petitions and should be
considered citizens and not kids .. He hopes that the Town Board
will consider the evidence of support and act accordingly.
Mr . Thomas Uhlinger , New Suffolk asked how many of the 2200 people
have been out here during the winter and are aware of what is
going on? Are these absentee signatures?---Mrs . Paul said she
personally put all of the petitions ardund_. andcsent;_.-for=example
to the winter addresses of Nassau Point residents; they would to
into shopping centers. ---About 300 were sent and received through
the mail . ---Mrs . Dill stated that when anything controversial
comes up it always hits the winter months and it is very unfortunate.
The residents that are not here in the winter months are taxpayers
and have a right to express their feelings.
Mr . Gary Pumillo, Cutchogue said Robins Island is a very beautiful -
island and he would not like to see the island destructed by
construction. He would .like to see it saved for the birds and
wildlife. ---Mr. W.S. Gardiner said he would like to see Robins
Island saved, but why hasn 't someone proposed the solution that
Shelter Island reached of buying it and giving it to Nature Conservancy.
That wouls seem to solve everyones problem. Or, if the builders
developed 28 houses on it he would want them to give the rest of
it to Nature Conservancy. --Councilman Drum said he feels there is
a great deal to be said for private ownership and he thinks if
there are 5000 or whatever, if they offered $5, 000, 000 the 500
people could buy it very easily.
APRIL 8 , 1980 61
Mr . Jerry Horton said there is. a silent majority of people who
work for a living and don ' t have time to come to meetings and
are not educated or intellectual enough to attend evening meetings
either , buy they do have to earn a living in this Town and they were
here and he does not want to go out of business . ---Mr . Robert Wacker
asked if the construction business is going to be saved by building
30 or 40 houses on Robins Islands: isn 't there something else that
can be done to keep the construction industry going?
Supervisor. Pell reiterated that he will be at the Town Hall on
Tuesday, April 15th from 1 : 00 P.M. to 7 : 00 P.M. to see anyone.
who would like to come in and talk about the resolution he proposed
to the Town Board tonight .
On motion of Councilman Sullivan, seconded by Supervisor Pell, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 9 :45 P.M.
Vote of .the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, _ Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted .
Judith T. Terry
Town Clerk