Loading...
HomeMy WebLinkAboutTB-09/22/1981 3.3 8 SOUTHOLD TOWN BOARD SEPTEMBER 22, 1981 WORK SESSION i (Supervisor Pell, ill, Councilman Drum. delayed in New London, Justice _ Doyen off of Fishers Island in Connecticut .')_ (Present:. Councilman Murphy, Deputy Supervisor, Councilman Nickles, Councilman 'Murdock;. Town Clerk Terry, Town Attorney Tasker, Highway Superintendent Dean. ) 9: 30 A.M. - The Councilmen met with insurance consultant William >Mu,_ lien to discuss proposedinsurarice proposals for 1982 and . necessary coverage .for vehicles, sprinkler system at the Town Hall, public official bonds, Fishers Island Ferry District bonds. There will be a meeting at . 10: 30 A.M. on September 23rd to discuss coverage with interested insurance brokers. 10: 00 A.M. * - The. Board met with Jarvis Verity and Arthur Tyrrell of the Southold Town Bavmen ' s Association. The Baymen are recuesting , that the Town purchase the launching ramp area on Narrow River Road, Orient, presently. owned by the H. Al. Demarest & Sons, the o.nly 'public access to Hallock' s Bay and has been in use by the baymen for at least 50 years.. They were advised that the Town has tried to buy this property in the past and presently has a lease with the Demarests. . , The Demarests have advised they will sell. .the ;property to the Town if the County takes the Development Rights on their adjacent property. Mr. Verity and Mr. Tyrrell and ,'Mrs. Hataier,; .President of the Southold Town Trustees, suggested placing a limit on.. hard clams taken from Town waters by residents. Two proposals were suggested: Commercial- l 'boat or vehicle--Little Necks-2 counts, Cherry Stones-3 bushels, Chowder-no -limit. Non-Commercial Resident--Little:.INecks-1 peck, Cherry-i.Stones-1/2 bushe;l; Chowders-1/2 bushel. This is the proposal the Baymen favor. Second proposal--Commercial - l ' boat or "vehicle-- Little- Necks-3 counts,. Cherry Stones-3 bushels., Chowder-no limit. Non-Commercial Resident--lt2 bushel combined. The Baymen also feel . residents of - the. Town should be required to obtairi Non-Commercial Resident Shellfish.,'Permits 'at 'a nominal 'fee. Mr. James McMahon was also: present. at this meeting and concurred with the recommendations - of the. Baymen. Councilman Murphy discussed the proposed Seed Clam Program to be conducted under contract with Paul Flagg. --Councilman Murdock said he does not .feel the present chowder clam program is effective; why couldn' t the Town use the money from the chowder clam program and that to be expended for the Seed Clam Program and purchase clams with at least a two year growth for planting, citing this as more cost effective program. --Mr. Tyrrell stated that it is his opinlo'n that the seed clam program would be most effective because it can be monitored,. rather "than just dumping clams into the creeks. --Ib '. Verity said that he feels the chowder clam planting program is also valuable and should not be discontinued. --Councilman Murdock said' he cannot vote in favor of the Seed Clam Program until he has obtained costs for obtaining larger seed clams. 11: 00 A.M.. - The Board began reviewing the agenda. Councilman Murphy reported that the following determinations j have been made in .connection with the Street Lighting Program:. 225 sites have been eliminated, 296 existing lights to be changed from 92 watt to 50 watt high power sodium, and 150 new locations on street corners, bad curves and dangerous intersections. With respect to requests from Fishers Island for lights at their tennis and basketball 'courts, �.there is a possibility of obtain- ing surplus lights from LILCO at " little or no cost. A request will be made to .Mr. Wolterding of the DEC, Albany for another Open Dump Inventory Meeting so the findings can be presented fully .to .the entire Town Board, Town Attorney and consultants Holzmacher, McLendon and Murrell, . P.C. SEPTEMBER 22 1981 339 . Meeting recessed at 12 : 15 P.M. for lunch. During the lunch recess the Town Board, Town- Clerk, Town 'Attorney and Highway Superintendent inspected the property of Agnes. Pagnozzi on Jockey Creek Drive, Southold, with relation to. her wetland -application. Work Session reconvened at 1 : 30 P.M. and the' Board continued reviewing the agenda. A regular mee-t1ng of the Southold Town Board was held on Tuesday," September 22, 19 at the Southold Town .Hall, -Main Road, .Southo1dj -- New York. Deputy Supervisor .Murphy opened the meeting at: '3:"00" 'P.M: with the Pledge of -Allegiance to the Flag. Present: Councilman Francis J. Murphy,- Deputy -Supervisor Councilman John J Nickles Councilman Lawrence Murdock, Jr.. Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. .-Dean Absent :: *Supervisor William R. Pell, I-II . (ill ) Councilman Henry W. Drum _(delayed in New- London . Conn. Justice. Francis T:: 'Doyen '(off Fishers Island .,in Connecticut) COUNCILMAN MURPHY: Our Supervisor. _Bill Pell is- home in bed sick. 'He took sick yesterday and then I guess he became very allergic to the medication and so -I think. he is `going to be out for a few days. . Henry' Drum the Councilman is stuck, I guess-, . over in Connecticut - wait-ing for the ferry so we do not have a quorum so we are going to have . to recess this meeting and the public hearings. 11.1.1 ask the Town Clerk--we can' t carry on any business without a quorum: I'=11- as the Town Clerk to read the times that these meetings" will be recessed to. I' m:sorry to inconvenience everyone who came out here today and in.. particular people who came for public hearings. But-,.we' have to have a quorum in .order to -do this. Judy-- TOWN CLERK TERRY: The 3: 00 P.M. public meeting will be recessed until 6: 30 P.M. The wetland hearing 'on Agnes Pagnozzi application, .schedule' d for 3: 30 P.M, will be recessed until 6 :20 P.M. The 3-: 35 public hearing on the amended -1981. Federal Revenue Sharing Budget will be rec.essed until 7: 20 P.M. The 1982 " Use of . Federal Revenue Sharing Funds hearing scheduled for 3: 40 P.M.: will .be recessed until 7: 25 P.M.- COUNCILMAN MURPHY: Thank you, Judy. That ' s the bad news. 'We can' t even take input .I understand from the Town Attorney so .we are. going -to have to stand recessed and hopefully . you can come back. and I' m. very sorry for the inconvenience. I know .Bill' s. very upset .- I know- Henry will be. more upset. when he finds that Bill was very sick, but he had .to take his boy up to school and he planned to be here by. 3: 00 and I guess_ he. just got delayed on the ferry. COUNCILMAN MURDOCK: . We dial try. to contact Justice Doyen who would be the sixth voting member of, the Board and he had left town already for somewhere in New England and we couldn't reach him either. COUNCILMAN MURPHY: Thought we could fly him in. COUNCILMAN MURDOCK: If we could have gotten hold of Justice -Doyen, although he wasn ' t .scheduled to be here today., we could have gotten . him to fly in and we would have then had four , but he was already out of town when. we realized the gravity of our situation. COUNCILMAN MURPHY: ' So this was an easy- meeting. Thank you very much. COUNCILMAN. MURDOCK: Not - productive, just easy.. 340 SEPTEMBER 22 , 1981 3: 31 P.M. - .The Board discussed off agenda items, COUNCILMAN MURPHY: It is now. 3: 30 P.M. and we would like to convene the public hearing on the application for a wetland permit by Agnes Pagnozzi. There not being a quorum present , this hearing .will be recessed until 6: 20 P.M. COUNCILMAN MURPHY: It' s. now 3: 35 P.M. and we would like to convene the hearing on amendment of the current Town Budget relative to the use of Federal Revenue Sharing Funds. This hearing will be recessed, since we do not have a quorum present , until 7 :20 P.M. COUNCILMAN MURPHY: It is now 3: 40 P.M. and we would like to convene the public hearing on the proposed use of Federal Revenue Sharing Funds for the fiscal year beginning on January 1, .1982 and recess the . hearing until'! i7:25 P.M. as we do not have a quorum present. 6:40 'P,.M. - 'Public Hearing (recessed from 3: 30 P.M. ) on wetland applica- tion No. 71 by Agnes Pagnozzi. A regular meeting of the Southold Town Board reconvened at :6: 55 R.M. , having been recessed at 3: 00 P.M. due to a lack of a quorum, Present : Councilman Francis J. Murphy, Deputy Supervisor Councilman Henry W. Drum Councilman John J. Nickles Councilman Lawrence Murdock, Jr'. Town Clerk Judith T.-Terry Town Attorney Robert W.' Tasker Absent : Supervisor William R. Pell, ' III, (ill) Justice Francis T. Doyen COUNCILMAN: MURPHY: We ' ll now move back to our regular meeting and on your agenda are reports. These reports are on file with the Town Clerk for anyone to read them and I will ask the Councilmen now, starting with Larry Murdock if he has anything to report . COUNCILMAN MURDOCK: Yesterday I*, attended -an 'all' 'day'- 'seminar on lining and napping 'of landfills 'or '61 sing 'of landfills. It was in Hauppauge. It was all day. . I brought back materials that I am going to make a file in the Supervisor' s Office so that each of the ' members of the Town Board can read the pamphlets. We will. in the future have, a .complete record of the day''s events so that I can review them with the Board.. We do have-"a serious problem with our landfill and will have to -address that . ' Another thing, I would like to- thank our, Super-int,endent' of Highways on behalf of the people in Laurel . I received a couple of phone calls. The Laurel School District is on austerity program with no busing for their children. The parents who called me asked if there was any wary the Town could clear the sidewalks along the Main Road from Bray Avenue west to the Laurel School. ' The Superintendent of Highways put people on .it right away so that the children don' t have to walk out in the highway,. they ,can stay on the sidewalks. Very-.unfortunate parts of- school budgets is when you go on a so-called austerity budget you are mandated to. provide certain services and that you do with that is the ones that impact the children and impact the parents and I would publicly like to thank the Highway Superintendent for responding so promptly. Thank you, Frank. COUNCILMAN- MURPHY: Thank you, Larry: Henry? SEPTEMBER 22 19$1 341 COUNCILMAN DRUM: Sorry-% to :be- late: COUNCILMAN MURPHY: John? (nothing) . Bill. asked me to mention. a couple of things. The meeting -with the Railroad--he is having a terrible time contacting the head of the MTA. ' There is a possibility of a meeting with the .county-. and various Town officials on the east end for Thursday with John.. Behan.. - and any. other. county officials. He ' s still working on it- trying to do this. . _ As far as street lights are concerned. We had -the: r.esults of. the survey that went. -out that Henry Drum and I and a .man from .Ray' s . department--Ray .Dean' s department, who takes care of the street . lights, made- and it looks like there is -approximately. 225 street lights that are really in poor locations and can be removed without hurting anything and where most people wouldn'-t even notice that they were gone.. . We have locations. o,n . road inte.rsections,.. bad. curves and all for approximately 150 new lights and under our federal grant . that now. Ray Dean- is able to apply for we have- from what they call the 92 lights, 92 watts which is a. very inefficient -light and very costly to operate and gives very .poor light to replace with 50 watt.- high pressure sodium which will give. us much more -light ,and- much less energy usage,. ' We have approximately 296. There is not enough money in that - Federal Revenue .Fund for this---the full amount, but what- we will do is work in areas and get this started-. Hopefully in two weeks -we' ll have a resolution listing all of the poles where . the new lights will be going and I. would stress. that if anybody . has any locations we could- check against .our master list. to see- if this . fits in. There is no money .in the- Town. - We can' t really afford .to - put. a light .in front of . everbody' s .house as much 'as we would like to because of: the cost but what we're trying :to do is make it :a- lot safer and ,put lights .on very.,.,,dangerbus curves and on.. intersections on our primary and secondary roads 'and . I would like to comment on a program that Ray Dean' started and' is most effective and if you notice it and .ask 'your friends who are driving at night, is the reflector program. He' s gone .into certain areas and done this and it ' s most effective We would like to continue on with this program. We've had some very good. results, with it and 'then. people would .realize that if there was a light on a corner you'd be able to. see _theesign and that- you would know a corner is approaching or you would. realize there .is a- dangerous, curve on the road: So this is what we are trying to see come about: Hopefully within two weeks we' ll have it all wrapped` up. Fishers Island - concerning lights too, -we' ve. had.requests where we think we can get some surplus lights from- t.he lighting company to send over there so they can light their tennis courts and basketball courts . We spend no money or very little .money. on recreation over there on the Island and it really-.isn 't fair, This is a big thing for these people and they would like it and we . are trying to help them. That ' s it . Now, Larry has--- COUNCILMAN MURDOCK: "I ' d like to also remind . you 'of one other thing. What we didn' t do when we--before we had the Pledge of Allegiance, I think at this time I would move. tha.t we approve the minutes of the meeting of September 8; 1981. On motion .of Councilman Murdock, seconded by Councilman -Nickles, : it- was RESOLVED that the minutes of the September 8, 1981 Town Board meeting be and hereby are approved. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. COUNCILMAN MURPHY: I' d like a motion to set the- date of the next meeting which will be October 6th at 7 : 30. On motion of Councilman Nickles, seconded. by Councilman Murdock,. it teas RESOLVED that the next regular meeting of the Southold Town Board will be held 7: 30 P.M. , Tuesday,. October 6, . 1981 at the Southold Town Hall, Main Road, Southold, New York. Vote of the Town Board : Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. 342 SEP.,TEMB P R ':22 , 1981 COUNCILMAN MURPHY: Larry asked me to change the agenda a little bit. He has to leave and we would like to go to Hearings and Decisions where it is necessary to vote on and then we will go back to the communications and public notices and then any input from the people in the audience.' V. RESOLUTIONS 1. On motion of Councilmani Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold declares. itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of William Tsigakos and' Peter Brountzas for a change 'of zone from "A" Residential and Agricultural District to "B" Light Business District on certain property on the south side of County Route 48, Greenport., New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles,. Councilman Drum. This resolution was declared duly 'adopted. 2. On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that the Town Board. of the Town of Southold declares itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application- of Anthony 'J.' DeMaula . and' Dorothy J. DeMaula for a change' 'of' zone from "A" Residential and Agricultural . District to "C" Light Industrial District on. certain property on the easterly side of North Drive (private road) , on Mattituck Creek, Mattituck, New York. Vote of the Town Board: Ayes: Councilman -Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This- resolution was declared duly adopted. COUNCILMAN MURPHY:- Number -3 is a negative determination. on the application of Agnes Pagnozzi to attach existing dock to two new wooden spiles . . TOWN. CLERK TERRY:. I 'm wondering if this should be struck. COUNCILMAN. MURDOCK: We should--- . COUNCILMAN MURPHY: Drop this now. COUNCILMAN MURDOCK: I think .so. COUNCILMAN NICKLES: . Why? . - .. 1 . COUNCILMAN MURDOCK: Because the Town Board doesn' t have jurisdiction. This is completely in the water. We` don' t have any jurisdiction. COUNCILMAN NICKLES:- - Who will be taking lead agency? Trustees? TOWN CLERK TERRY: We no longer have a wetland application to act on. COUNCILMAN NICKLES:- . This has to do with the DEC, not the Town' s wetlands. It says, "Resolved that pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review--- This is under. SEQR, right? TOWN CLERK TERRY: Yes, . but upon .the application of Agnes Pagnozzi for. a wetland- permit. i COUNCILMAN NICKLES: Who is going to be lead agency? .COUNCILMAN MURDOCK: It says it' s for a wetland permit, John, and a wetland .permit has to! do with the Town Board and we don' t have any jurisdiction because it' s not in the wetlands,. it' s in the . waterways. COUNCILMAN- NICKLES: I' d like to consult counsel. TOWN ATTORNEY' TASKER: It -would seem that the only connection that the Town will have with this is with the application to the Board of Trustees for a Trustees' permit to place this structure in Town Waters In that case it would seem that the appropriate agency SEPTEMBER 22 , 1981 343 would be the Town' Trus,te'es -, The 3l,>be, the;:only agency that is taking jurisdiction, therefore, I should think that they would declare themselves- lead agency in place of the Town. COUNCILMAN- MURDOCK: . It isn' t even applicable to have a wetland permit under the circumstances. COUNCILMAN MURPHY: I think it might help Mrs . .Pagnozzi if she did gain the lead agency in her dealings with the Trustees. Would it help her? To let the Trustees then make a decision? TOWN ATTORNEY TASKER: I think it would be more appropriate for the Trustees to declare themselves lead agency because they are the Town' s agency that is dealing with this matter. The Town Board is not. You have determined that this is beyond your jurisdiction or at least those -are. your comments because this construction is not in the wetlands. COUNCILMAN MURPHY: We will bow to your good judgment. We' ll hold :Number 3. Number 4 is a proclamation on 4-H. 4. Moved by Councilman Murdock, seconded by Councilman Murphy, WHEREAS the 4-H Program of Cooperative Extension since. its beginning 60 years ago .has contributed much to the health and welfare of the nation and has encouraged many young people to choose careers which help improve family and community living; and WHEREAS, during this week 4-H members, leaders and families will observe National 4-H Week with the theme :` 1-'4-H - Pathways to the Future" . WHEREAS, 4-H members put into practice the skills and science they learn as they develop their talents through 4-H projects and strive to "Learn for Living'.', WHEREAS, in these changing times young people, who are the citizens of tomorrow, must discover and acquire the virtues of responsibility, thoughtfulness, morality and understanding, WHEREAS, the more than 500 volunteer adult 4-H leaders are organizing their 4-H Clubs for the 1981-82 year, many others are organizing clubs for the first time; and WHEREAS, the nearly 56, 000 boys and girls participating in 4-H programs throughout Suffolk County soon will be taking their places in society by establishing homes of their own and joining the ranks of community leaders, NOW, THEREFORE, WE, the members of the Town Board of the Town of . Southold, in recognition' of the fine achievements of 4-H. members and their families do hereby proclaim the week of October 4 - 10, 1981 NATIONAL 4-H WEEK. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. 5. On motion of Councilman Nickles, seconded by Councilman Murdock, it was RESOLVED that the Town Board of the Town of Southold appoint Mary Ann Galvin as a School Crossing Guard for the Southold School effective immediately at a salary of $18. 00 per day. Vote of the Town Board.: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. COUNCILMAN MURPHY: Number 6 is another resolution honoring a New York State Policeman who is retiring. He served the last seven summers ,over on Fishers Island and from all reports. over there he' s done a: very fine job and the people like him. 6. Moved .by Councilman Drum, .seconded by Councilman Murphy, WHEREAS, Donald D.. Campbell, a most esteemed member of the New Yorke State Police -is. retiring from public service; and WHEREAS, Trooper Campbell has given generously of his time and talents in his faithful service to the people of the Town of Southold on Fishers "Island for the past seven years, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby expresses their most. sincere appreciation to Trooper Donald D. Campbell for his unselfish and wholehearted cooperation and untiring efforts on 344 SEPTEMBER .22 , 1981 behalf -of the Town of Southold and wish him much happiness, -success and. good health in the years ahead. Vote of the. Town Board:' Ayes: Councilman Murphy-, Councilman Murdock, Councilman Nickles, Councilman 'Drum. This resolution was. declared duly ad'opt'ed. COUNCILMAN MURPHY: Number 7 is the approval of a CSEA contract. Judy, in case Bill is -still sick should we include- Supervisor- William Pell -and/or his Deputy ?to execute the contract?` TOWN ATTORNEY TASKER:.- I don' t think you have .to- mention that; Frank. TOWN CLERK-TERRY: .You act in his absence., Frank: ' COUNCILMAN MURPHY: We' ve come to an agreement It .can' t. .be `made public until it is signed by both parties; but it . seems to be .a very fair agreement with the working personnel in the .Town and the Town Board is pleased with it and I 'm sure the workers are very happy also and. it_ stayed within our -guidelines and we're very pleased with it .. . 7. On motion of Councilman .Murdock, seconded by Councilman Drum; it .was• RESOLVED:-that Supervisor William R. Pell, III be- and. he.-hereby is . . authorized and directed .to execute �t:he 'contra"ct with. the:.-'Civil. Service Employees 'A'sso'ciatiori, 'I'nc. Suffolk Chapter ;' 'Southold' 'Town Unit , effective 'January 1,' 1981 't'hr:ough De6ember'.'31,' 1982. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. 8. .. On motion_ of Councilman Nickles, seconded by' Coun.cilm- an-Murdock, it was RESOLVED that the Town Board .of the Town..of.:Southold..gra.nt permission to the Serii'or .'C`itizeris .'Club 'of 'Southold' 'Township-," .1blatti.tuck Unit--to ...hire- one bus at a cost of $300 to transport their group to Mil'leridge Inn at Jericho, New York -on November` 4,' 1981; :and' 'one: bus. at a 'cost of_ $550 ($66 of which is to be paid -from.-the Mattituc-k:-Unit ' s treasury) to transport their. group to 'Lake Wararriaug, New Preston, ..Connecticut on October .18'," -1981. Vote- of the Town. Board: Ayes: . Councilman Murphy, Councilman.. Murdock, . Councilman Nickles, Councilman Drum.. This resolution-.was declared duly adopted. COUNCILMAN MURPHY: Number 9 is one I would like to make. It is concerning the Seed Clam Program -we' d like to get the Town involved in. 9. On motion of Councilman Murphy, seconded by Councilman Drum, , it was RESOLVED that the Town Board of the Town of Southold enter into an . agreement with Paul J. Flagg, Shellfish Consultant for -the institution of a Program for the Raft Culture of Seed Clams in the 'Town of Southold at a cost of 1 , 200. 00. per- year; 50% upon signing. th_e_ agreement_ with Mr. Flagg and 50% upon completion of the. program.. COUNCILMAN MURPHY: I 'd like to make a couple of comments on it . For.' this Mr. Flagg will give all the' 'scieritific 'monitoring, -technical consultation. He' ll record the growth and survival rate. on , a.monthly. basis. He' ll make weekly inspections of these rafts and give a report . to the Town Board of the results at the end of the season.. He' ll be happy to meet with and show the program and work with various 4-H groups,- science clubs in the schools and the shop students in helping . get this thing started. I think it is a very good -program. -.I. .offer that resolution. Vote of the Town Board: Ayes: Councilman Murphy, ---- COUNCILMAN MURDOCK: .. No: As. I expressed earlier today in the working session, I am ;not 'satisf'ied t-hat 'the' 'Town 'Will' be' properly" spending their money. I made myself a note that since I talked to the Baymen . this morning I talked to Councilman Murphy and .expressed .my feelings that I asked him questions relative to the 'Value' of maybe planting -larger'-larger- clams. I will attempt to get answers' 'f'or my questions, hopefully from Professor Smith at the college. I .Will be prepared to. answer at the next meeting.. For now I must vote "no" because .I do have serious doubts about the cost effectiveness. Whether we could use the -Town' s money and provide much more seed clams for the Town. „ .fir .,:=t,. s k+;�.✓ SEPTEMBER 22 , 1981 345 Vote of the Town Board. ,`' Ayes: CouncilmanMur:phy, Councilman Nickles, 'Coun.cilman Drum. No: Councilman Murdock.. This resolution was declared "lbost . 10. On motion of Councilman Nickles, seconded by Councilman. Murphy, it was RESOLVED that the Town Board of the Town 'of Southold advance $6 ,'000. 00 from the General Fund Whole Town Account to the Nutrition Program for a period of 60 days. COUNCILMAN NICKLES: I was out of the room when- this was brought up today. - This is going to be reimbursed? COUNCILMAN MURPHY: Yes, this is after billing shortfalls and the idea is to set this. -- We have to advance---- COUNCILMAN NICKLES: Yes, I think we talked about this at the last meeting. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman. Drum. This resolution was declared duly 'ad'opted. 11. On motion of Councilman Murdock, seconded by Councilman Drum, it was RESOLVED that the Town Board of the Town of Southold 'ac'cept a Certified Check in the amount of' $2, 250,'00 from Harold Reese as a bond for completion of Schooner Drive .,in Harbor Lights, Section I at Southold, . New York, and release Bond No. 5-571120 issued by the Aetna Insurance Company in the name of Harold Reese Sr . and Frederick Reese in the amount of $25, 000. 00 for roads and improvements in the remainder of Harbor Lights, Section I. Vote of the Town Board: Ayes: . Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, This resolution was 'declared. duly adopted. COUNCILMAN MURPHY: Number 12 is a trailer application (Philip R:.' Marco) . Mr : :Drum :wasn't .,here at the working session so maybe after the resolutions maybe I' ll fill you in on it, 12. On motion of Councilman Murphy, seconded by Councilman Nickles, it was RESOLVED that the application of Phhi1ip R.' Marco dated September 18, 1981 for permission to erect a single 'family trailer on the south side of Indian Neck, Lane, Peconic., New York be and hereby is granted for a six (6) month. period. . COUNCILMAN MURPHY: Henry, this is on a farm, 135 acres. It ' s behind their barns. Temporarily they ask for a year. It is. a minimum. of 500 to 606 feet from. the nearest property line. COUNCILMAN MURDOCK: The reason for the confusion, in their applica- tion they filled i:t out that the trailer was going to be on a one half acre plot. I_.guess they thought that they were trying to---. we were trying to ask how much space they would dedicate to it, but it is for a working trailer unit on a much larger parcel. . Vote of . the Town. Board: Ayes: . Councilman Murphy, Councilman Murdock, .Councilman Nickles,-. Councilman Drum. This resolution was declared duly adopted. 13. On motion of Councilman Nickles, seconded by Councilman Drum, it was RESOLVED that . the .Southold Town Board declare itself leadaagency in regard to the State Environmental Quality-Review Act in the matter of the. application of Frank. Frankola Tor 'a wetl'and' "permit on certain property located at dredged boat basin off Goose Creek at south side of Glenn Road, Southold,, New York. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock,. Councilman Nickles, Councilman Drum, This resolution was declared duly adopted. 14. ' On motion .of Councilman. Murdock, seconded by Councilman Drum, it was RESOLVED that the Town .Board of the Town of Southold appoint Lydia Tortbra 'Co-c`h'a:irp'ers.on . .of' 'th"e Matt'ituck 'Inl'et A�dvi'sory Committee effective immediately.. .'. Vote of the Town Board: . Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. Th-is -resolution was declared duly adopted. 346 SEPTEMBER 22 , 1J81 : 15. Moved by Councilman Murdock, seconded by._ Councilman Drum;` WHEREAS, on Sept-ember 22, 1831 a group of people did assemble -for the purpose of establishing a church in the commun.ity . of Greenport., and WHEREAS, these people did establish the First Baptist- Church -of Greenport and did construct their 'original church building in 1833, . and WHEREAS, the First Baptist Church of Greenport..- under the:.pastorship of Reverend Willis Sceviour, the 36th minister of the . First Bap.t.ist . Church of Greenport,. are celebrating . their one hundred and fiftieth . anniversary on September 22, 1981, now, therefore,. -be- it RESOLVED that the Town Board of the Town of Southold. does hereby extend sincere congratulations and best wishes to the. First Baptist . Church of Greenport, New York on 'the celebration 'of the 15.Oth Anniversary. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum. This resolution was declared duly adopted. COUNCILMAN NICKLES: I ' d like to go back to .Resolution- No.' 3- on Agnes Pagnozzi .because it would appear from this resolution .that we are .lead agency. "Notice is hereby given .that the Southold Town . Board as lead agency for the action described .below--='.. This. is a Negative Decl'aration. . If we are already lead agency we are going to have. to cope; with this whether we want to or not-. TOWN CLERK TERRY: For that action which is no longer in effect. You have said that you have no jurisdiction over -that- .wetland application. ' You won't be giving a permit.: COUNCILMAN NICKLES: As lead agency we can't say it -has`no significant effect? I don.' t think the Trustees ever take a lead agency, TOWN ATTORNEY TASKER: I would imagine that they would or. should if the only application that would be .coming .before them would- be an ' application for a permit that only they would issue: They would have to, they would. be the only ones involved. COUNCILMAN NICKLES: They would be the only: ones in Town, but there are other agencies, the DEC and the` Corps of Army. Engineers.. . TOWN ATTORNEY TASKER: I .would be very surprised if. the Trustees never took lead agency in issuing a permit. For instance, I presume that they issue many' many stakes, mooring stakes. I. don't .know whether the DEC gets involved or whether the Cor.ps of' Engineers -gets involved. COUNCILMAN NICKLES: When. I was a Trustee we issued stakes without any other permits. COUNCILMAN MURDOCK: I think what we probably have to do is go back in our records and find the day that we appointed ourselves as lead agency, then have a resolution changing that back and taking ourselves off of this matter. TOWN ATTORNEY TASKER: All you have. to , do .if you: do not, want- to be lead agency, and you have presumably already passed the resolution declaring yourself lead agency, if you do not wish to .be lead. agency,. you .can pass a resolution rescinding that resolution... COUNCILMAN MURDOCK: That is what''we will have to do. COUNCILMAN NICKLES:. It seems to 'me we are taking a taxpayer and sending him from pillar to post and ,back and forth and around and. back and I would like to know from the Town Clerk who is the person . - that processes all these negative declarations and. lead agencies. What' s the difference if we• declare. on the .pagnozzi application no . significance. tonight? TOWN CLERK TERRY: The Town .Board declares yourself lead agency and" . takes action from that point . forward with regard to any application that is filed with you. Wetlands and Change of Zones, and for instance the bridges- or if someone i.s doing a sandpit or whatever. This applica- tion for . wetlands. you have determined, -because .you are not going to make a decision on it, that you have no jurisdiction, and I am not. *. . - - SEPTEMBER 22 , 1981 34.7 going to -be issuing. a, permit, ,,;therefore your power has ceased: You. shouldn' t -have been involved in the 'first .pl"ace: Now, if the applica tion then is before the Town Trustees it is up. to- them to become; if they wish .to and I would assume they should, _ lead agency, take the necessary SEQR. step.s., I don't see how you can follow this- through- an application you are no -longer involved -in. COUNCILMAN NICKLES: Then if -we are going to do as .Councilman. Murdock suggests, .pass a resolution rescinding our lead- agency status-- I would suggest we n.otify -th.e Trustees that we .have -done so and-,then they would be the lead agency. COUNCILMAN MURPHY:_ Frank, would you like to say someting, Frank Cichanowicz? . FRANK CICHANOWICZ, Chairman, Southold Town -Conservation Advisory Council: We. were on the railway thing a month. before -the Pagnozzi. application. _As far as .what's going. on there the Southold Town Conservation Advisory Council agreed to have- that -go ahead.. They have a .pre-existing dock. already in existence now; They're asking . for two more pilings on .that 'dock. They.'re .really. not: doing anything.. COUNCILMAN MURDOCK: - Frank, you weren't. here .earlier.. :The problem is that .the entire structure, .those four pilings and the hoist are in the water and -as such that' s bottom land and completely under the jurisdiction of the Trustees. It -is not wetland and the Town Board has no jurisdiction. It is completely a matter-'for the Trustees and the, Conservation. Advisory .Council -but. not., for the Town Board- because it is. completely 'in. the water. It i-s not a wetland, it is_ a waterway ..and that is why we have no jurisdiction,. . We`re not trying:- to .pass the buck, we just don' t. have any jurisdiction because of -the actual -placement of those pilings MR. CTCHANOWICZ: Tt 's not really in any Town waterways it 's almost_ . ..'dry ground.. COUNCILMAN MURDOCK: * But it isn1;t.1­1Will spartina- grass grow there? MR. CICHAN.OWICZ: You are going to be wasting, a .•lot of time .-with that. I wouldn' t be too worried about it. . Where it is is .such a marginal land. COUNCILMAN NICKLES: Frank, we understand- what you' re- saying. Our / problem is we' re not here to discuss the pros and- cons ,of this: application because as Larry indicated it ' s- not in our bailiwick., COUNCILMAN MURPHY:" The only reason I mehtion ' it.,' I. agree, I . think we should"'go ahead and have this resolution; just: really 't,b he':1", ' Mrs. Pagnozzi come to a head with the ,Trustees: I think: all we'.re. doing is delaying her and sending her around for- .more permits and. I' m sure she' s fed up to her neck with applications. Arid she-:paid for this by the way too. MRS. PAGNOZZI: I -don' t need the Conservation or anything? . TOWN ATTORNEY TASKER: The only thing that we are talking about here tonight is whether or not you nedd a permit under the Southold Town Wetlands Law which is administered by the Town Board. That-' s the only thing that we're saying tonight that you do .not need. On the hoist that, is, because it is not constructed in. wetlands. MRS. PAGNOZZI: What ' s wetlands? TOWN ATTORNEY TASKER: Wetlands is where certain- -beach grasses grow. That would be on the shore. This is not on the shore, :it is -out - in the water.. MRS. PAGNOZZI : What ' s with the rails? COUNCILMAN MURDOCK: The railing does go on the shore. I-'m not even sure if we are prepared to discuss that as yet . I think Councilman - Nickles had some reservations on that one after visiting the property. COUNCILMAN MURPHY: John, would you like )to offer.:t he, resolution or do you want to leave it in a hold state? 348 SEPTEMBER 22 , 1981 . - v COUNCILMAN NICKLES: Well, you're asking me to offer the 'resolution to rescind or off a resolution. for a negative declaration? I 'd like to . do it personally, but if .the Town Clerk and the Town Attorney are telling me that it ' s improper for us to take lead agency--continue our lead agency if we do not have the matter before us anymore--but ' . then on the other hand really if we do,,, what ' s the big deal if' we do'.' stay with the lead agency?. It ' s beyond me. COUNCILMAN MURPHY: We're much better on big decisions. COUNCILMAN NICKLES: I' ll offer that resolution. V. 3 On motion of Councilman Nickles, seconded by Councilman Murphy, it was RESOLVED that pursuant to Article 8 of 'the Environmental `Conservation Law State Environmental Quality' Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the.Code of the Town of Southold; notice -is- hereby given that the Southold Town,-Board, as lead agency for'-the action described below, has determined that the project, which is' unlisted, will not have A significant effect on the environment. Description of Action: Application of Agnes Pagnozzi for a wet"land permit to attach existing dock to two new .wood pilings and add two, additional pilings for a hoist for permanent use at her .property located off south side of Jockey Creek Drive, on Jockey Creek, Southold- New York. The project has been determined not to have a significant effect on the.-environment; for the following reasons: An environmental assessment has ,been submitted which . indicated that no significant adverse effect .to the environment are likely to occur. should the project be implemented as planned. Because there has. been .no`' response in the allotted time from the New York 'State Department of Environmental Conservation, it is assumed .that there is no objection nor comments by that agency. Vote of the. Town Board: Ayes: Councilman Murphy, Councilman . Murdock, Councilman- Nickles, Councilman Drum. This resolution was declared duly adopted. On motion. .of .Councilman Murdock,,, seconded, by Counc'illman Murphy, it was RESOLVED that this Southold -Town . Board_ meeting stan-d 'recess.ed at 7: 20 P. for ;;the -time _requir.ed to hold the: following_public ';hearings: . 7 20 T.M. recessed from 3: 35 P-M. in the matter? of. the amendment of the -current Town Budget relative to Federal,Reve;nue Sharing Funds. 7:25 P.M, recessed from 3:40 P.M. in the matter''of the proposed use of Federal Revenue Sharing Funds for the fiscal year beginning on January 1.,- 1982. 7:.30 ' P.,M: - in the matter of the amendment of the current Town Budget relative to Federal. Revenue ' Sharing Funds. 7: 35 P.M.- in the matter of the proposed use of Federal Revenue Sharing Funds for the fiscal year beginning on January 1, 1982.. Vote of. the Town Board: . Ayes: Eotincilman' Murphy, Councilman Murdock., Councilman Nickles, Councilman', Drum. This resolution was declared duly adopted. Regular Town Board meeting reconvened -at 7:40 P.M. IV. HEARINGS AND DECISIONS 4. Moved by Councilman Nickles, 'seconded by Councilman Murdock, WHEREAS, Agnes Pagnozzi applied to the Southold Town Board for a permit . und'er.- the provisions of the Wetland Ordinance o_f -the Town of Southold, application dated July `6, 1981, and WHEREAS, said application was referred to the . Southold Town Trustees and. Southold Town Conservation .Advisory. Council for their. findings and recommendations, and WHEREAS., . a public hearing was held by the Town Board with respect to said application on the 25"th day of August, 1981, at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Agnes Pagnozzi be and, she hereby is granted. permission .under the provisions of the Wetland Ordinance of- the Town of Southold to construct "50 feet of marine railway in front of her property located off south side of Jockey Creek Drive, on Jockey. Creek, Southold, ' New York. ' Vote- of' the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles', Councilman Drum. This resolution was declared- duly adopted. aft .; SEPTEMBER 22 , 1981 349 COUNCILMAN MURPHY: We:,-.1,1 move bank to. Number ;I:LI to Communications. III COMMUNICATIONS - COUNCILMAN MURPHY: 1. Suffolk County Coordinator replacement-(Edward Lademann), taken off because of disability. We assume, .he .will. be- replaced shortly. " 2. Report concerning the water supply and marginal water districts. We have three in Southold Town and this is concerning their-operation. Basically they are worried about at least one man operations. (From Suffolk County .Department of Health Servi-ces. ) 3. Letter from a person who signed it "Sincere-ly yours Fr-om - Canada" . She' s quite upset about the. ferry service. ' She enjoyed. our town very much on her visit here and I think we have' -one. of,,-the .Councilmen, he , could probably add .a little toth6 ferry service .and on that subject Bill Pell and myself both were. members of- the Bi State Ferry Commission and the study,. when it was concluded this spring, recommended a sum of money beset aside; The .two -governors and the Department of Transportation set aside money for. -.the purchase- of new equipment and rented or loaned to the ferry- operators at -Port Jefferson and Orient and to be paid back out. of operating funds. -The program was delayed and it' s still being delayed. We have contacted Senator Ken LaValle to see if he. could get the money- released and it! s being delayed because there was a rider in there,. a small amount of. : money set aside for study of another, site in Shoreham and the people in Shoreham were so very much opposed to this that the . got -to: their legislators- and had them put the hold oh'the money so nothing'. has been able to be done and we 've lost another six months. It '.s .a, very important means of transportation for us. o.ut -here and we .are. working to see if we can 'get this' mone.y released so .we can get started .on these necessary improvement9., 4. ' Request for the use of the Senior Citizen's -Center.. It was approved. (Chess Club) 5. & 6. Dealing with the railroad concerning their plans' to discontinue freight service out here. We seem to be getting no where in dealing with the railroad-,-and they seem to be oblivious. to the east end of Long Island. I guess they have much bigger and better things to do further to t;he west. (Bb-Lth:old -Lumber Co. , Inc . and Reeve Lumber & Woodworking Co. , Inc. ) 7. Petition requesting street lights and I .believe 'we .will check these locations that they mentioned but. I believe that all: of_ these locations have been picked up on the survey that Henry Drum and myself . made and we are finalizing that now and these lights should be put in . because they are all in intersections and in ' that area there are no lights at all. (Residents of' Captain' Kidd' Estates and- Sunset Knolls, Mattituck, Ruth Road, Stanley Road, Daisy- Road, -Sunset Drive, - Dogwood Lane and Sunny Lane. ) :- 8. ;Concerning a boat launching ramp .on the Sound. :We! re,;very much aware of it and the need and we 're very aware .and the .Highway Superintendent is very aware of the problems with it but we will try to work out something. (From Phil Corrado to Supervisor of the Southold Park District. ) 9. Request from the Southold School Di'stric.t to change the Election District 10 where these people vote - in the. primary. .or the general election from the school--Pecon'ic. School to -the 'Senior Citizen Center because they need the school and I guess •they don ' t want to close the school down on that day for the voting and both major pa-rties. have approved this and so it will be done. 10. From the North Fork Taxpayers Association requesting the .use of the -facilities of the Senior Citizen--Youth Center for October '22nd to "Meet the Candidates Night" . 'Asa .public service. this- has .been approved and. we all will be there. II .- -^PUBLIC NOTICES COUNCILMAN NICKLES: 1. From the New York District, Corps of -Engineers.; application. by Orient By The Sea Marina for maintenance dredging. Comments .may . . be directed to the Corps of Engineers by October. 9th in writing.- 2: . Also from the Corps of Engineers an application ,by David Levitt for. jetties, bulkhead, piers and dredging with beach nourishment, North Dumpling Island, Fis'hers .Island. Comments by October 9th., 3. Department of the .Army, New York: District, Corps of Engineers application by Matt A Mar Marina, Inc. for floating docks. . Comments by October 9th.All these notices are with the Tlowni O'1es^k: -f' you, wfsY]. GQ, rook. over them. 35.0 SEPTEMBER 22 ,' 1981 • COUNCILMAN MURPHY: That now definitely finishes the agenda that we . had prepared and I would like to ask if any of the Councilmen .would like to make' any other comments. Larry? (Not at this time, thank you. ) Henry? (None. ) John? (None. ) Frank, none. I would like to. open it. up. to the floor if anyone would like to address the Board, please feel free to do so- at this time. Ruth Oliva. RUTH OLIVA, President, North Fork Environmental Council : Gentlemen and Lady of the Southold Town Board and citizens of the Town of Southold: As a _resolution, introduced by Mr. Murphy and supported . by Supervisor. Pell, to form a citizens b ommittee 'to study Southold' s waste management was .not acted upon, the North Fork Environmental Council has been instrumental in organizaing. a committee of seven qualified citizens.. . These citizens have agreed to work together to help find the answers to important concerns relative to the management of the Town,' s . solid waste. . Tentatively the name chosen for this group is Southold Waste Study C'omirii'ttee, The Southold Waste Study Committee wishes to make the expertise and experience of its members available to the Town. Board in arriving at viable 'and acceptable .decisions as how best to handle the wastes such as are now being deposited at the Town's disposal area in Cutchogue. The. New York Department of Environmental Conservation has ordered that this disposal area--or dump--be phased out in approximately three years. The Southold Waste Study Committee is already beginning to look into questions which .n.eed - study before a decision is made on whether or not to accept the proposal of the Energy' .Development Corporation, or any other proposal, for receiving and processing our trash and garbage. Some .of these questions relate .at this time to the Energy Development Corporation and Trofe Roc-a-Jet System which it proposes to- operate for the town... These include: What. is the financial status of the Energy Deyelopment Corporation? Who are i.ts principals?- Can the Town be confident'::,that the corporation will install and. .perate the system over an extended period of. time without the Town. having to assume such responsibilities itsel.f? What are the record and reputation of the Trofe Corporation and its. principals? Shou'ld the Trofe incineration plant 'be �built upon or near the present dump? How will its heavy use of':'wat`er. affect the Town' s .water table? What effect will its operation liave on the. environment? To what extent have these questions been investigaged and answered to date? In addition to these questions, there are others, such as: To what extend have alternatives to the Trofe system been` sought and investigated? Could a recycling and resource recovery system serve the Town' s needs? What is to be done with the Town' s scavenger wastes--the deposits from cesspools and septic tans--which are now deposited at the disposal area? Members of the Southold Waste Study Committee are well qualified to help find the answers to these questions. The present members are: Martin Garrell of Mattituck; a physicist who is a college professor who is also involved 'in a project at Brookhaven National Laboratories. Mr. Garrell has already visited the Trofe plant in New Jersey and has resently attended a special conference on waste management. William G. Albertson of So uthold, . who is vice-president of the North Fork Bank and Trust Company and manager of the Shelter Island branch. Jean Tiedke of Southold,,- who has served the Town of Southold in numerous ways, include as the Town' s representative in opposition to the proposed LILCO nuclear plantain Jamesport. She is a member of the board of directors and a• past president' of the League of Women Voters of Riverhead-Southold. E. L. Midgette of Nassau' Point, a retired engineer formerly listed in Who' s Who, who served 12 years with the high speed machinery firm: of Harris Corporation after a college professional career at John' s•: Hopkins University engineering school and as head of the mechanical engineering department at Brooklyn Polytechnic Institute. Thomas Tomaszewski of Laurel, a physics teacher at Mattituck High School and a partner in' a solar energy company. Gene P. Kinghan of Southold, head of the science department of Shelter Island schools. . And Ruth Oliva of Orient, president of the North Fork Environmental, Council. The members of the Southold Waste Study Committee are ready, willing and able to help the Town Board in this important and urgent matter of waste management . And we' hope to .work closely and cooper- atively with the Town Board in . all phases of this study. Thank you. SEPTEMBER 22, 1981 351. COUNCILMAN MURPHY: Thank you very much, Ruth. -I'm very much in - favor and I think. it is a very good start for us and thank you for your interest . COUNCILMAN DRUM: I personally think that is the proper. way .to. do it. I think when a group of citizens have -the -interest I th-ink that it i-s their privilege to form a committee and advise .us on the Town.. or any elected official. COUNCILMAN .MURPHY: I think we' re starting well. John', : do you have any comments? (No. ) Larry? (No. ) Anyone else in the audience like to make- any comments? . (None. ) If not , I would like to apologize again for such a mixed up day for. all those people who came to the many hearings and many. meet-ings that we had and didn' t have and thank you for your patience. .and. I entertain a ..motion to close.. _ On motion of Councilman Murphy, seconded by .Councilman -Drum, it - was RESOLVED that there being no further business_ to come before this . Town Board meeting adjournment be called at 7 :55 P .M. Vote of the Town Board: Ayes: Councilman Murphy., Councilman Murdock, Councilman Nickles, Councilman. Drum. This resolution was -declared duly adopted. udith T. - Terry Town Clerk