HomeMy WebLinkAboutTB-09/21/1982261
.SOUTHOLD TOWN B~O~RD
SEPTEMBER 21, I982
WORK SESSION
9:15 A.M. - The Board began 'reVfe~ing the 'agen'da,
10:45 A.M. - James McMahon, Youth Coordinator and Grantsman for the
Tow~ discussed with the Board the transf'e'r 'o'f Year VII Commun'fty
Development Bto~k Gran~' Funds from Mattituck Inlet to Landfill site
-and the need for $50,000.00 to be taken from Year VIII CDB funds
toward the purchase price of a parcel of land adjoining the landfill
site in Cutchogue.
11:30 - Victor Lessard, Executive Administrator, met with the Board to
discuss the proposed. Suer'folk County Lo'c'at Law es'~ablishing standards
and procedures' for rental housing 'for 'the Depa~rtme~t' 'o~f ~C'ial' SerVices
in the County of Suffolk (see Communications III-2, Regular Meeting),.
Mr. Lessard does' not like the way the law is written and recommended
the Board object to it, The proposed law directs the Town to inspect'
in certain instances and the County in others and there is no provision
in the law which would require periodic inspections after the tenant
moves ~in. Further, the inspections' must be made in two' da.y~s amd it
is impossible to obtain building, electrical, plumbing ins~eetioss ,and
underwriters certificate in that period of time.--Mr...LesS~a~ recommended
to the Board that the bond o'n' Highland Est'ares' Ue' 'i'n'c~re'a'~'~d?~y $~0~,000~00,
due to the fact the roads have not been completed ~and
$100,000.00 is inadequate should the Town be.?req~.red to~-~!.[~,?"~ia ~om~i. il~e
the roads.--Violations at 'the Mattituck Sh0Db~n~' Cehter~
Town Fire-Code were discussed.
12 Noon - Town Eng£neer Lawrence Tuthill spokeZt, d the Board~m~garding
the Coastal Barriers. Of the four areas oB Fishers Islaa~,:%~o ,s~hould
'be e~e~ areas that are publicly owned and o[~[i~:of' ,ihe two
is Elizabeth ~frport land. He will make Coastal Manage~[~a~e of
this. Mr. Tuthfll also requested permission to atten~ a.,~i~c hearing
on Coastal Management to be held at Hauppauge on Septemb~i~-~$Oth. A '
resolution granting him permission is on the agenda (.V-20). Mr. Tuthill
also objects to the 'f'lood plain wave an~t'ys'is for South01d T6wn and
will argue the case on behalf of the Town.
12:15 P.M. - James McMahon again met with the Board concerning the
funds for the purchase of the property adjoining the Landfill i~n
Cutchogue. He said an environmental review must be done and submitted
to HUD and it is expected authority to commit the funds would bie around
November 15th.
12:25 P.M. - Supervisor Pell submitted a letmer from Ellen Murdock
on behalf of the Lioness organization, requesting permission to use
the Senior/Youth Center in April 1983 for a fund-raising brunch. Ail
Board members agreed to this use with the exception of Councilman
Murdock who abstained from expressing an opinion.
12:30 P.M. - The Board recessed for lun'ch.
2:20 P.M. - Work Session' re'Con'v'ened and the Board continued reviewing
the agenda.
EXECUTIVE SES'SION
2:30 P.M. - Victor LeSS'~rd, Executive Administrator and Ge'o'rge' Fisher,
Building Inspector met with the Town Board to discuss v~ol'ations ar
the Mattituck Shopping 'Center Theat're,' Se'ct'iOn III. Mr. Fisher was
directed ~o issue a violation notice immediately. ~
SEPTEMBER 21, 1982 262
REGULAR MEETING
3:0-0 P. M.
A Regular Meet'i'ng of the Southotd Town Board was held on Tuesday,
September 21, 1982 at the Southold TOwn Hall, Main Road, Southold, New
York. Supervisor Pell opened the meeting at ~3:00 P'.M. with the Pledge
of Allegiance to the Flag.
Present:
Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilma~ Francis J.Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Superintendent of Highways Raymond C. Dean
Moved by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED that the minutes of the Regular Meetin~ of the Southold Town
Board held on SeDt'ember 7', 1982 and Special Meeting of the Southold
Town Board held ~n September 1'7, 1982 be and hereby are approved.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Mowed by Councilman Nickles, seconded by Councilman Murdock, it was
RESOLVED tha~ the next Regul'~r Me~t~ng O~'.~he-SOu'tho'l'd Town Bo'ard
will be held at 7:30 P'.M.~ Tu'esday, o~tobe'r 5', '1982 at the Southold
Town Hall, Main Road, Southold, New York.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
I. REPORTS
SUPERVISOR PELL: These reports are placed on file in the Town Clerk's
Office. If anybody wi~hes to do so may review them at the said office.
I. Town Justice Tedes~hi's monthly report (iAugusr 1982).
2. Town Trustee's monthly report (-August 1982).
3. Town Justice Edwards' monthly report (iAugust 1982).
4. Long Island Cablevision's monthly report (August 1982).
5. Town Justice Price's monthly report (August 1982).
6. Police Department's monthly report (-August 1982).
7. Councilmen's report. Councilman Townsend, anything you would
like to report?
COUNCILMAN TOWNSEND: Nothing except that the 5~ghway Department, or
at least I did, met with. the Suberinten'den~' O'f Highways ~and Public
Works to discuss ~h~ bu'dget a~d~go over the budget, get some idea
what it's going to look like next year, which we did do and like
everything else it looks like it's going to have to go up with the
cost of materials and machinery and so.forth. We also talked about
the inevitability of having to put the landfill on 'it's own budget
at some point or other, probably next year, because that's going to
become an ever increasing burden~ and everymore inappropriate part
of the Public Works budget. This is something we'll be working on
this year.
SUPERVISOR PELL: Thank you, Joe. Councilman Murdock?-
COUNCILMAN MURDOCK: Last Friday Highway Superintendent Dean and
myself went to Southampton: A gentleman had contacted me about a
small sewage treatment plant. He has it set up and hooked up to
his cesspool. It seems-to work very effectively; I will leave his
brochure with the Town Clerk. I would strongly recommend anybody in
low-lying areas or in areas' with a lot of clay to look into his system
as an individual home owner. We had hoped that maybe we can adapt the
system_for us. He says it will go in units up to a hundred thousand
gallons a day and at some point I believe we will continue--probably
will investigate with the Department of Health the possibility of using
this system which discharges the water at the final end. I would like
263 SEPTE~BEB 21, 1982
to see that water recharged to our water tables if possible. We
will have a Code Commi'ttee meeting again tonight on the building
code enforcement.
SUPERVISOR PELL: Councilman Nickles? (Nothing.) Councilman Murphy?
COUNCII3~AN .MURPHY: Yes, Bill, two things. One, we had two meetings
last week with representatives from the Department of State on preparing
a town-wide emergency preDare'dneSS pIan. It is coming along very well
and should be formul.k'ted ~emetime i~ November, the final draft of it,
for Town Board approval. We will be one of the first towns in the State
to have this plan. They are quit~ pteased with the cooperation of this
Board. Also, las~ week we met with Paul Flagg and had a group of high~
school students' and interested C~tizens looking at the results and i ~i
members of the Town Board looking at. the results of the Seed Clam I 'j
Program and it really is doing.quite fantastic. Pau5 is very pleased, '
the Town is very pleased and ~hey~re in the process of evaluating the
different creeks to see where these seeds will be placed and we hope
to expand the program again next year. Thank you..
SUPERVISOR PELI~: Judge Edwards?
JUSTICE EDWARDS: I had a notification from th.e State that they have
allocated $700.0.0 for amateur radio equipment for our emergency prepar-
edness center on Fishers- Island.
SUPERVISOR PELL: Judge, will you also tell the Board about Thursday
of.last week, the Class D alert you had for Millstone.
JUSTICE EDWARDS: .-Just there was an alert, there was h.uman error at
the Millstone~ Pl'~n~. Someone had turned the wrong valve over there.
Secondly I was also talking to a gentleman who is in th%~ealth/physics
department at Millstone and another problem that they had, ibis might
have been-the one earlier in the year; they got some fuel
from Westinghouse and it wasn't up t le
things that are causing the big problems and
putting restrictions,and regulations on nu
I'd say I've worked around ~
fire-or six years in the phone company and
I know a lot of people are-sh.aking their
problems at Millstone, any' major ones, and-I the
people that they have over there and the experti
the Millstone I,-II and III are going to be th~
Thank you.
SUPERVISOR PELL: That is the second Class D alert fromf~Mii~l.one in the
l~,st sixty days. We had one JUly 24th 'and then w'e had-~~rsday~ of
this week. The Town is notified--they notify-Fishers Is-la~d and Fishers
Island notifies-the Town Police. Also the County is ~otified ~from
Connecticut. The County notifies the Town Police also, so we
notification from two ways to make sure we are aware what's g~ing on.
As I said, this is the second one. and both of them, thank God, was only
a Class D. It's something every time you get a phone call and say there's
a Class D alert, you say, let's hope it doesn't go to C, and stays at D
level.---Supervisor Report: Tentative meeting on this subject, Shoreham,
today with the County Executive, Assemblyman ~ehan, and it's easier to
say who was not there, than who was there. Start with United States
Senator Alfonse D' Amato had a man there, the congressmen all had people
there, four New York State Senators were there themselves, seven assembly-
men were there themselves, eight supervisors were there, fifteen county
legislators were there out of eighteen. We discussed with our County
Exec his request that Shoreham be studied by an independent firm befores_,
they get given their permit to go on line. Also was discussed was the~
fact that when they do go on line it was brought up and discussed to
degree, When L-ILCO's nuclear plant, Shoreham, does go on line the rate2~'~
wil't increase, will increase anywhere from 40% to 55%. To start with
this plant was supposed to make LILCO rates go down, but we were informed
today they will increase when this plant goes on line, which ~ook us all
by a big surprise.' Many of us knew it, some didn't.
II. PUBLIC NOTICES
COUNCILMAN'MURPHY: 1. From the Federal Emergen'cy Management '~eney.
This is posted on the Town Clerk's Bulletin Board. Concernin~ the
flood zone.
2. Public Notice from the 'Army Corms' o'f Engineers on the applica-
'Board.
SEPTEMBER 21, 1982 ~- 264
3. Corps of En'gin,eers~,~,~p~i~a,t.~.~.-9~i~f'fOlk County DPW to
construct dock ulI¢head and d~e~g~'with offshore disposal at Greenport
Harbor. This is t~e railroad dock project. . .
4. ~Notice of a.-Complete Application.to .the N.Y..S'.-D'.E.C~ by Eob'ins
and Spee'd Home Imp'roV'emen'ts, Inc for Ms. Ann W~den and Ms.' Margaret
Holler, 625 Second Street, ~reenport for freshwkter wetlands t~' Construct
a-~. by ~ ft. screen porch on the east side of existing one story
residence approximately 15 ft. the shore line of Marion Lake. The
project is located on the east side of Bay Avenue a~ 2015 ~ay Avenue,
East Marion. Comments no later than October 6th to the l~ew York D.E.C.
5. Application of George L. Pe~ny IV to construct 12 ft. wide by
42 ft. long deck along the entire length of the.:h.ouse approximately
63 ft. from tidal wetlands at its closest point. A ~;ariance is requested
from setback requirements pursuant to Tidal Wetlands~ Land Use Regula-
tions. The project is located at Deep Hole Creet~ at t~e end of Bungalow
Road, ~attituck, Town of Southold. Comments t)y October 6th to the' New
York D.E.C.
6. 'Application of Gus Wade from West Babylon by Enconsultants to
construc~ 120 ft. lin. ft. retaining wall and a one family dwelling.
Backfill for wa~l to come from excavation on site 10 cubic yards addit-
ional 25 -+ cubic yards top soil to be trucked in for planting. Applicant
requests variance from setback from tidal wetlands for house and relocating
existing cesspools. Although the project does not conform to .Tidal
Wetlands Regulations the scope of 'the projec~ -does' not warrant the
preparation of Environmental Impact Statement. The Determination of
Non-Significance is conditional in that impacts of the project: alter-
natives and mitigation measures are to he further addressed through
additional application and/or hearing procedures. The projeci site
is at the east side of East Road, Cutchogue', Town of S'outhold. Comments
by October 6th ~o the New York' D'.E.C.
7. .Departmen't 'of the Army'~ Corps of Engineers application by
Mr. Rober~ Munch. 2790 Westphalia Roa~, Mattituc~. for a bulkhead,
catwalk, ramp and float at Mattituck Creek. This again is posted with
the map showing the location.
III. COMMUNICATIONS
SUPERVISOR PELL: 1. From The Long Island Rail Road regarding
schedule change effe'ctive Octobe'r 16'th. The commuters in our Town
have me~ with the railroad three consecutive times, along with
Riverhead Township people involved. Two meetings were held in
Jamaica and one was held ou~ here. Bottom~tine is that the North
Fork Commuters Association say, "I recommend thatthe Board a.ccept
and approve the October 16 ~hanges but only as a step in th~ right
direction,--" There's still more that they. Would like to see changed
for the benefit of the people on the North Fork. Larry, this has been
taking place for what, over a year with the railroad? (Yes) At least
now we are getting to have input on their decision. It started a year
ago last summertime.
2. Reference to a Pre'-Ren't~l' Ho~sfng I~s.p'e'c~'ib'nLo'c'alLaw (County
of Suffolk).
3. Re'queS't' fOr 'a 'sC'feet" l'i'ght (Sound Beach Drive, west of Inlet
Drive - Stanley Schider as well as signatures of 15 other residents).
4. From the Riverhead Town Clerk transmitting a resolution passed
by the Town Bo~r'd O'f Ei~'erhead. They are upset about the 'cO~'r't 'changes
that are planned.
5(a)Another s't'r'eet l'ight ~eq~est (Mrs. Virginia Grattan, 2630
Gillette Drive, E~st Marion).
5(b) S~'reet' l:i'ght reqUeSt from Lori E. Salmon, Hortons Lane,
Southold.
5(c)' St'r'ee~ light' request from John Jefferson, Paster and Ernest
Stilley, Chairman of Trustees and Building Fund-,- Jefferson Temple,
Church of God in Christ, Middle Road, Cutcho~ue.
6. Completion of a Commu'nity Development B10'ck Gr'~nt Program
we had for $50,000.00. We ended it up and this is the final letter
saying we completed th.e grant and it says, "we congratulate you on
your achievement in bringing this Community Development Block Grant
Program to a successful completion." That was that $50/000.00 grant
we had for the libraries
7. From."A'del'ph'i university reference Wate'r Pollution' On' 'Long
Island 'cOnference...(.October~22, 1982)
8. From Sotwi'n' In'dustries Ltd. who was before the Board a month
or so ago and they wrote the Board and I hope somebody has input to
put into this. .We will have.to reply .to them~
9. La~gh~i'ng' .W~ta'r~-prope'rty ~v'ners' A~'so'ci'~ti'On, .In'c. regarding a
violation of thee 'zOni'ng ord'i'nance. We will have to look into this.
265 SEPTEMBER 21, 1982
IV. HEARINGS
SUPERVISOR PELL: We have our first hearing scheduled for 3:30 On a
proposed Local Law in relation to fees and charger' for the removal
and storage of vehices, at 3:35 on proposed Local ,Iiaw providing for
the adoption of unredeemed dogs, at 3:40 and 7:45 on Revenue Sharing
Funds for the fiscal year 1983. and 8:00 on the $250,000.00 ~e~eral
Community Development Block Grant Funds the Town will receive ~n April
1983. Since it is not yet 3:30 we will go on to Resolutions aC this
time.
(a)
(b)
V. RESOLUTIONS
Moved by Councilman Murdock, seconded by Councilman Nickles, it
RESOLVED that the Town Board of the Town of Souihold. has inspected
the proposed subdivision entitled "S-et~t !e rS '~t' Oy'sterpon'ds", located
at Orient, New York, containing 67.652 acres, owned by Charles B.
ttorowitz and Lawrence S. Ingotia', and a'pprove s'ai'd property' 'asI being
developed in th.e' cluster c~n'c'ept. Complete legal d~cpripti0n as
'~'ollo-ws: At Orient, Town of South~ld, County of S~ffolk and State
of New York. Beginning at the corner formed by the intersectio~ of
the northerly side of Orchard Street with the westerly side of Narrow
River P~ad; running thence along the northerly and northeasterly sides
of Orchard Street,-(.1) South 82 degrees 33 minutes 20 seconds. West,
466.L5 feet; (~2) South 69 degrees'lB minutes '20 seconds West, 703.67
feet; (3) North'41 degrees 05 minuies 30 seconds West, 1328.701feet;
and (4) North 64 degrees 55 minutes 00 seconds' 375.42 feet west to
the corner formed by the intersection of the northeasterly side of
Orchard Road with the southeasterly side of Platt Road; .,thence along
the southeasterly and northeasterly sides of Platt Road, (t) North
54 degrees 04 mZnutes 40 seconds East 939.91 feet; and (2) North 37
degrees 05 minutes 50 seconds West 402~51 feet; thence No~'t~ 50
degrees 52 minutes' O0 seconds-East, along land now~ or .~'rmerly of
the Russell Tabor Estate, 656.33 feet; thence ~l:~i:g:land~!~,o~. or formerly
of R. W. Gilles'pie; (1) South 40 degrees 31~'m~nuie-~ 10 ~.Com~s Eas~,
1461 53 feet; and ('2)' South 65 degrees 31 min~'::I0 ~e~0n:~S~ :~ast
231.~8 feet to'the-N~rthwesterty side of Narr°w. 'Ri~'~
along the north~esterly, southwesterly and wes'terty-~sz~e~-,o~
River Road, (12) South 22 degrees 20 minutes 00 sec0ndg
(_2) South 39 degrees' 12 minutes-30 seconds East,-516.(
South 15 degrees 44 minutes 40 seconds West, 306.78
and point or place of Beginning.
Vote of the Town Board: Ayes: Justice Edwards-,- Counc~
Townsend, Councilman Murphy, Councilman Murdock, Counci~
Nickles, Supervisor Pelt.
This resolution w'as- declared duly ADOPTED.
Moved by Councilman Murph_y, seconded hy Councilman Nickles, ~l iwas
RESOLVED that .the Town-Board of the Town of Southold heresy auth-
orizes the tr'ans£e'r' 'o'f $2,750'. 0.0 from General Fund Whole Town
Contingent Account A19Lg0.4 to Historian Contractual Account A7510.4.
Vote of the Town Board: Ayeg: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pel~.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded hy Councilman ~urdoek, .it.was
RESOLVED that the Town. Boardof-.the Town of Southold '~Ccept the bid
of Academy Printing Ser~i'ce~,' Inc~ Southold,-New~.York for printing
500 copies of Liber' D,' Vo'lume 'III of Town Re'c'or'ds'~ at a bid price of
$6,765.00, and additional pages at the.following increments: (a) four
pages - $69.00; (~) eight pages , $138.00; (c) twelve pages -$207.00,
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: For information sake ?~rs. Goodrich was notified
the other day by phone that she had been awarded the County Historian
honor for this year. She is to be honored at a dinner October: 30th t
believe. It's quite a feather in her cap and our cap to have thai
come to Southold Town. I know the day she got the call she was jus~
...about in tears she was-so excited.
SEPTEMBER 21, 1982 266
Moved by Justice Edw~s, s~9!~91~;Q~un~$!man Nickles, it was
RESOLVED that pursuant to Arti~' ~'~ ihe 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 thatthe Southold Town Board, as lead agency for the
action described below, has determined that the project, which is
unlisted, will not hav'e a SignifiCant ef'fect on the environment.
Description of Action: Appli'cation Of' Enconsult'ants, Inc~ on behalf
of Robert J.' Munch for a Wetland Permit to construct bulkhead, back-
fill with clean fill, and construct catwalk, ramp and floating dock
on Mattituck Creek at 2790 Westphalia Road, Mattituck, New York.
The projec~ has been determined no~ to have a significant effect
on the environment for the following reasons:
An environmental assessmen~ has been submitted which indicated
that no significant adverse effect to the environment are likely' to
occur should the project ~e 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 ~s no objection aor comments by that agency.
Vote of the Town Board: Ayes: Justice Ed~vards~ Councilman
Townsend, Councilman Murphy~, Councilman 'Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was' declared duly ADOPTED.
Moved by Councilman'-Nickles, seconded..by..Councilman Mnrd_Qck,' ~t was
RESOLVED that the .Sou'thold Town Board' de'cl'are· ~i~self 'lead agency in
regard to the Stave Environmental. Quatity...Review~..Ac~ ~n the matter of
the .appt'i~at'ion 'o'f..En'cons~ltants',' I'nc'. on b~eh'al'f ~f Edwin ~I. Latso~
for a Wetland permit on certain proper~y-located on private right-of-
way of£ Island View' Lane, on an unnamed creek at Conkling Point,
Greenport, New-York.
Vote of the Town Board: Ayes: Justice Edwards,. Councilman
Townsend. Councilman ~urphy, Councilman ~urdock, Councilman
Nickles, Supervisor Pell.
This resolution was' declared duly ADOPTED.
Moved by Councilman Murphy, seconded by Justice.Edwards, it was
RESOLVED that the application of Florence Steiner dated~.September
12, 1982 for permission to maintain a single family house tra'i'ler
on right-of-way off southeast side of Main Road, ~attituck, New
York be and hereby is renewed for a period of slx months.
Vote of the Town Board: Ayes: Justice Edwards/Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nicktes, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Justice Edwards, it was
RESOLVED thatthe Town Board of the Town of Southold approves the
following modification of Year VII Community Development Block Funds,
and authorizes a request to be made to HUD for approval of said
modification:
Delete---Project #1002 ..... $100,000.00
Acquisition of Property for Mattituck Inlet
Recreation area. Census tract: 1700.
Add ...... Projec~ #1-13 ..... $100,000.0~ Cutchogue Landfill Improvements
Town-wide benefit. Census tracts: 1700 & 1702.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman ~urdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Nickles, it was
RESOLVED that the application of Walt'er '&' ~r~nk' ~aw'i'Cki dated August
23, 1982 for permission to maintain a single family house -trailer on
their property located at the north side of Old North Road, Southold,
New York be and hereby is renewed for a six (6) month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Nickles, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold request' ~'he New
York State Department of Transportation to conduct speed surveys o~
the following Town roads: '
Bridge Lane, Cutchogue, from Route 25 north to Oregon Road.
267 SEPTEMBER 21, 1982
o
Indian Neck Lane, Peconic..from Route 25 south to P.e~conic Bay.
Cox's Lane, Cutchogue, from Route 25 to Oregon Road.
Peconic Lane, Peconic, from Route 25 ~to County. Route 48, and
from Mill Lane, Peconic to Long Island Sound.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold 'appoin't Susan
E.. Long from the Suffolk County Civil Service List to the position
of Stenographer in the office of the Southold Town Planning Board
effective immediately, at her present rate of pay.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy.. Councilman Murdock. Councilman
Nickles, Supervisor Poll.
This resolution was declared duly ADOPTED.
10.
tl.
Moved by Councilman Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby gr%nts
permission to the Southold SeniOr Citizens Clubl,' Inc. to hire one
bus a~ a cost of $240.00 to transport their group to the Island
Squire on October 26, 1982 and to apply the balance of their ~-~82
allocation toward the cos~ of a bus for a trip tO Westbury Mdsiic
Fair on October 14, 1982.
Vote of the Town Board: Ayes! Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pelt.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pel!, seconded by Councilman Murdock, ~t was
RESOLVED that a recess be called at this tim~, 3:30 P.M.,for the
purpose of holding the following public hearings:
3:30 P.M. - Proposed Local Law in relation to.fees~charges
for the removal and storage of vehicles.
3:35 P.M. - Proposed Local Law providing for the ado~l~n of
unredeemed dogs.
3:40 P.M. - Federal Revenue Sharing Funds for the f$~scal y~ear
1983.
Vote of the Town Board: Ayes: Justice Edwards, ,Councilman
Townsend, Councilman Murphy, Councilman Murdock, ~councitman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3:50 P.M.
Moved by Supervisor Poll, seconded hy Councilman Nickles,
WHEREAS, the 4-H program of Cooperative Extension since its beginning
61 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 andfamities will
observe National 4-H W%ek. with. the theme: "4-H - Pathways to the
Future," and
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;" and
WHEREAS, in these changing times young people, who are the citizens
of tomorrow, must discover and acquire the virtues of respons'iDility,
thoughtfulness, morality and understanding; and
WHEREAS the more than 500 volunteer adult 4-H leaders are organizing
their 41H Clubs for the 1982a83 year, many-others are organizihg clubs
for the first time; and
WHEREAS, the more than 60,000 boys and girls particiDating in
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, be it
RESOLVED that 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 3 through 9, 1982 as NATIONAL.4-H WEEK.
Vote of the Town Eoard: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared du!y ADOPTED.
SEPTEMBER 21, 1982 268
12.
13.
14.
15.
Moved by Councilman Mu~ph.y, sec~d~d~by? Councilman Nickles, it was
RESOLVED that the application of Martin Sider dated September 23, 19B2
for permission to maintain a single family hoUSe trailer on his prop-
erty located at south side of Oregon Road, Mattituck, New York be
granted for a six (6) month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Justice Edwards, seconded by Councilman Murdock, it was
RESOLVED that $286.14 be and hereby is tr'an'ferred from Highway
Item IV, DS9059.8 CSEA Welfare Fund, to High.way Item IV, DS9030.8
Social Security.
Vote of the Town Board: Ayres: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
~Moved by Counci~lman Nickles, seconded by Councilman Murphy, it was
RESOLVED that the application of Sophfe T.' Saunders dated October
7, 1982 for permission to maintain a single family house trailer
on herproperty located off north side Main Road, Laure, New York be
granted for a six (6) month period.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickies, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southotd hereby
authorizes the Board of Commissioners of the l~i'shers 'Island .Ferry
District to advertfse for bfds for the M/V' Munnatawket' t~' be' dry~-~
'docked for periodic inspection, necessary repairs and refurbishing
of the vess. el's underwater body.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Peli.
This resolution was declared duly ADOPTED.
Moved by Councilman Townsend, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold_hereby authorizes
The Seniors Club of' S~u~hol'd-PecO'nic, INC'. to en~age ~USes to transport
their group to Kings Point Academy on September 30, 1982 and Gurneys
Inn on October 21, 1982 at a total cost not to exceed the remainder
of their 1982 allotment - $680.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy-, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
17.
(a)
~SD-PERVISOR PELL: Number 17 through 22 you do not have. The Board
will read them as they go along and try to explain them to you.
Moved by Justice Edwards, seconded by Councilman Murphy, it was
RESOLVED that Chie'f H'. Uanie!' Winters be ~nd he hereby is authorized
and directed to purchase ~tWo (2)' MOtoro'la po'l'i'ce' r~d'i'os at a total
cost of $2995.00, and the funds to be taken from the General Fund
Part Town Unexpended Balance.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Councilman Murdock, seconded by Councilman Murphy,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED
SEPTE~SBER 21, 1982, DESIGNATING AS AN ADDITION TO THE SITE
OF THE EXISTING TOWN LANDFILL SITE, THE CERTAIN PIECE OR
PARCEL OF I2%NDCONTIGUOUS'TO SAID I2LNDFILL' SITE AND SITUATE
ON COUNTY ROUTE 48 IN CUTCHOGUE, IN SAID TOWN, AUTHORIZING
269 SEPTE~BER 21, 1982
THE ACQUISITION OF SAID LAND AT THE ESTIMATED MAXIMUM COST
OF $180,000, APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING
$75,000 COMMUNITY DEVELOPMENT FUNDS OF THE TOWN ON HAND, AND
AUTHORIZING THE ISSUA~NCE OF' $105¥000' 'SERIAL' BONDS OF THE TOWN
TO FINANCE THE BALANCE OF SAID APPROPRIATION.
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNT~r-~
OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-third. ~
of all members of said Board), AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New
York (~he "Tow~"), is hereby authorized to acquire that certain piece-~or
parcel of land consisting of 18.893 acres, contiguous to the Town
landfill site, located north of Coun~Rou~ 48 inCut~h0g~e, in saidTown,
as an addition to said landfill site. The ~stimated maximum cost of said
specific object or purpose, including preliminary costs of maps, plans,
surveys and estimates and costs incidental thereto and the financing
thereof, is $180,000 and the said~amount is hereby appp~r~riated therefor,
including $75,000 Community Deve!opment Fun
budget of the Town. The plan of
$75,000 Community Development Funds, the '
of the Town to finance the balance of said appropriatiQ~¥~t~e, levy
and collection of taxes upon all the taxable real proper!y ~n ~the Town
to pay the principal of said bonds and interest thereon-~:~ the same shall
become due and payable.
Section 2. Serial bonds of the Town in t~W principal amount of
$105,000 are hereby authorized to be issued pursuant to the'provisions
o'f the Local Finance Law, constituting Chapter 3~-a of-the Consolidated
Laws of the State of New York (the "Law"), to finance the balance of said
appropriation not provided bv said ~ommunity Development Funds.
Section 3. The following additional matters are her:eby
determined and declared:
(a) The.period of probable usefulness of said specific
object or purpose hereinabove described, for which said~%105,000
serial bonds herein authorized are to be issued, within the
limitations of Section 1t.00a.21 of the Law, is thirty (30) years,
however, any bonds issued pursuant to this resolution will mature
in five (5) years.
(b) Current funds are not required to be p~ovided prior
to the issuance of-the serial bonds authorized pursuant to this
SEPTEMBER 21, 1982 270
resolution or any bond anticipation_ ~ ~ . notes: issued in anticipation
of the sale of said bonds, however, current funds in the amount of
$75,000 are now available in the budget of the Town for the 1982
fiscal year under the heading "Community Development Funds" and
the Supervisor is hereby directed to set aside such funds and to
apply the same solely to the said specific object or purpose
authorized pursuant to this resolution.
(c] The maturity of any bonds authorized'by this .
resolution shall not exceed five (5) years.
Section 4. Each of the bonds authorized pursuant to this
'resolution and any bond anticipation notes issued in anticipation
of said bonds, shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds, shall be general obligations of the Town,
payable as to both principal and interest by a general tax upon all
the taxable real property within the Town without limitation of rate
or amount. The faith and credit of the Town are hereby irrevocably
pledges to the punctual p~yment of the principal of and interest on said
bonds and provisions shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of
the bonds to mature in each year and (b) the payment of interest
to be due and payable in each year.
Section 5. Subject to the provisions of this resolution and
the Law, pursuant to the provisions of Section 30 relative to the
authorization of the issuance of bond anticipation notes, or, the
renewals of said notes and of Section 50.00 and Section 56.00 to
60.00 of the Law, the powers and duties of the Town Board relative
to authorizing bond anticipation notes and prescribing the te~,
fo£~ and contents and as to the sale and issuance of the bonds herein
authorized and of any bond anticipation notes issued in anticipation
of said bonds, and the renewals of said note~, are hereby delegated
to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any bond anticipation notes issued in
anticipation of said bonds, may be contested o~ly if:
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to
spend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution, are
not substantially complied with,
271
18.
(b)
19.
SEPTE~,[BER 21, 1982
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,.or
(c) such obligations are authorized in violation 'of~e
provisions of the constitution.
Section 7. This resolution shall take effect ~mmedlately.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
~ownsend, Councilman,Murphy, Councilman Murdock, Councilman
NiCkles, Supervisor Pell.
This resolution was declared duly ADOPTED.
~ved by Councilman Murdock, seconded by Councilman Murphy, it was
RESOLVED'by the Town Board of the Town of Southold, in' the County
of Suffolk, New York as' follows:
SeCtion 1. Th~ Town Clerk is hereby' '~uthOri'ze'd '~n4'~directed
tQ publish, ~n~ ~ull, the foregoi'ng bond resolUtfon in.?'The Lo~ng-~Island
TBaveler-Watch~an", a newspaper published in Southold, New-York, and
ha~ing a general circulation therein, and hereby designated as the
Official newspaper of said Town, and in "The Suffolk.LTimes" and
additional newpaper published in Greenport, New-York, togetherlwith
a notice attached in substantially-the form as prescribed by Section
81.00 of the Local Finance Law of the State of New' York.
Section 2. This' resolution shall take effect immediately.
Vote of the Town ~card: Ayes: Justice Edwards~ Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Niekles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Moved by Supervisor Pell, seconded by Councilman Townsend, it was
RESOLVED tha~ Supervisor William R. Pell, III be and he hereby is
aumhorized and directed to execute a contract With Lean~d~'r ~over
Jr. for the purchase o'f' 18.893 acres Of' land'
landfill sfte, located north of County Route_48~in Cutcho~gue, at a
total sale price of $175,000.00.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman'Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
20.
21.
Moved by Councilman Townsend, ~seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Town Engineer Lawrence M. Tuthill to attend a publfc' hearing on Coastal
Management to be held at H~e, New York on September 36'; ~982, and
kll necessary expenses for meals and travel shall be a legal-charge
against the Town of Southold.
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman ~[urphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 21, gentlemen, is the hearing we held today
on the Local Law on the vehicle charge for s$oring vehicles at the
P.D. I'd like to have that move today.
Moved by Councilman ~urph~, seconded by Justice Edwards,
%~4~EREAS, a proposed Local Law' NO. ~7 m' 1982 was introduced at a meeting
of this Board held on the 7th day of September, 1982, and
WHEREAS, a public hearing was held thereon by the Board on the 21st da~
of September, 1982, at which time all interested persons were given an[
opportunity to be heard thereon, now, therefore, ~e it ~.~
RESOLVED that Local Law~ Noi 7 - 1982 be enacted is follo%~:
LOCAL LAW NO. 7 - 1982
A local law in relation to the fees and charges for the removal
and storage of vehicles'.
Be it enacted by the Town Board of the Town of Southold as follows:
1. Section 92-51 of the Town of Southold (.Vehicle and Traffic)
is hereby amended to read as' follows: 92.51. Storage and charges.
After removal of any vehicle as provided in this Article or the
remeval, seizure, storage and/or impoundment of any vehicle pursuant
.~to any other provision of law, the police officer may s~re or cause
~i.lSuch v~eh~cte to be stored in a suitable place at the expense of the
owner. Such owner or person in charge of the vehicle may redeem the
SEPTEMBER 21, 1982 272
same upon payment to the 'Southol~ Town police Department of the amount.
of all expenses actually and~. y~?in~rred in effectin~ such
removal, such removal .charges not to exceed fifty dollars ($50.),
together with any charges for'storage, such storage charges not to
exceed three dollars ([$3.') per day or fraction ~hereof.
2. This local law shall take effect immediately.
Vote of the Town Board: Ayes: Justice Edwards., Councilman
Townsend, Councilman Murphy, CoUncilman Murdock,Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: Number 22, the last one is ~on the adoption fees
for dogs, I'd like to have that one moved on..
Moved by Councilman Nickles, seconded by Justice Edwards,
WHEREAS, a proposed Local Law No. 8 - I982 was introduced at a
meeting of the Southold Town Board held on the 7th day of September,
1982, and
WHEREAS, a public hearing was held thereon by the Board on the 21st
day of.September, 1982, at which time all interested persons 'were
given an opportunity to be heard thereon, now, therefore, be it
RESOLVED that Local Law No. 8 - 1982 be enacted as follows:
LOCAL LAW NO. 8' - 1982
A Local Law providing for the adoption of unredeemed do~s.
Be it enacted by the Town Board of the Town of Southold as
fol lows:
Chapter 38 of the Southold Town Code (.Dogs) is hereby arAen'ded
to read as follows:
1. Section 38-2 thereof is amended by deleting therefrom the
words "Dog Warden" and substituting in place thereof the words "Dog
Control Officer".
2. Section 38-6 thereof is amended by deleting therefrom the
words "Dog Warden" and substituting in place thereof the words ~'Dog
Control Officer".
3. Section 38-7 thereof is amended to read as follows:
38-7 Confinement; redemption; disposition.
Any dog impounded under the provisions of this Article shall
be confined in accordance with the previsions of the Agriculture and
Markets Law of the State of New York and may be redeemed by the owner
or harborer thereof upon payment to the Town Clerk or Dog Control
Officer of the sums set forth in the Agriculture and Markets Law.
Any dog no~ so redeemed shall, at the option .of the Dog Control
Officer, be made available for adoption or be destroyed or given to
a recognized society for the care and welfare of ?dogs. Any proceedings
shall be in accordance with the provisions of the Agriculture and
Markets Law of the State of New York. The fee for the adoption of
a dog shall be in such amount as may be, from time to time, established
by town board resolution. The Dog Control Officer may)~ as a condition
to the adoption, require that the dog shall be spayed or neutered with-
in one year after such adoption, and may require a deposit of $20.00
to assure t~at such dog is spayed or neutered within such time.
4. This local law- shall take effect immediately.
Vote of th.e Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell. ~
This resolutio'n was declared duly ADOPTED.
SUPEI~FISOR PELL: Gentlemen, anything you would like to add or any-
thing I left out or omitted? Councilman Townsend? ('Nothing.)
Councilman Murdock? (.Not at this time.) Councilman Nickles?
(Nothing.) Councilman Murphy? (Nothing.) Justice Edwards? (Nothing.)
The floor is open, people, who Wishes tO address the Board?
TOWN ATTORNEY TASKER: I h.ope you understand that the amendment that
you made To the Dog Law only authorizes this Board to set the fees.
You'll have to adopt a resolution setting the adoption fees.
SUPERVISOR PEI,L: i don't want to do that now. I want to discuss
that for the next meeting. People from the floor who wishes to
address the Board? '
MR. FRED ADLER, Southotd: I represent the NOrth Fork Peace ~Group.
I'm here to ask the Board's reconsideration of our application to
use the hall sometime in October. Amd to give you a better idea,
273
SEPTEMBER 21, 1982
because we feel perhaps there was some misundersta'nding of the
purpose, I want to read to you a letter which is being dispatched
to Congressman Carney. "The Honorable William Carney, Washington,,
D.C., Dear Sir: Fo'~l'owing your recent address at our Southold
Hall i.n.U.S, military preparedness and your a~cep~ance of Our
invitation to debate issues inherent in the upcoming nuclear
freeze referendum on the Suffolk County ballot we have made the
folloWing arrang~'ments: We can comply with your choice of
evening between Saturday, October 16th and Saturday, October 23rd.
Thursday, October 21st would be ideal because the Southold Town
Hall is practically unscheduled for that evening. Alternate
meeting halls are the Senior Citizen Center, the Southold Universalist
Church or the Custer Institute. i~e understand that you will be
supported by a colleague from the Defense Department..." that's
what he told us personally after our invitation. "You will be-
supported by a colleague from the Defense Department in presenting
the Case for a No-Vote on the nuclear freeze, referendum. The case
for a YesrVote will be made by Congressional Candidate Ethan Elden,
supported by Senior Physicist Mark Sackett of the Brookhaven National
Laboratory who is a consultant on nuclear 'weapons. The moderator
will be Lester G. Paulde, Dean, State University of New York at
Stony Brook in charge of Arms Control, Disarmament and Peace Studies
Resource Center. We can place confidence in him for an orderly and
impartial proceeding. Effective preparation required for the meeting
requires your confirmation as soon as possible an, d please get. us that
information for immediate release.''~ Now, we feet that in respect for
the issue which is on the referendum and the participants who h,ave
agreed To air this for the benefit of the citizens of Suffolk County
and particularly Southold that out of respe~ct to them the appropriate
place would be our Town Hall if. it is available. We cannot understand
the reasoning for your original rejection. Perhaps if we ~did know
that we would have an opportunity to respond to them which I w~uld
very much appreciate. So again we would ask that you do reconslider
the use of our hall on that occasion and give us.an opport~nity~ to
respond to your objection. I must als0 so that bur memb~ip 'is
generally a non-partisan non-political membership~ 'I be
~eople cross all party lines-. There .is some feei!ing of
in having presented the .Use of the hail on the .D~A~R)i, auspi-c~ous for
the presentatmon of ~Mr. Carney~.wmthout gmvmng an~opportun,mty
non-partisan discussion of the issue and'that-feeIing of ~n~ .f~i~ness
I would like to see dis-olved in our co~m~iuniiy. So I ask ~again ,that
you reconsider our .application.
SUPERVISOR PELL: Thank you. Town Board, you heard the ~e.'~est. The
request was made originally to use the hall, Town Hall, on~ednesday,
October 2Qth.--
~R~: ADLER: Thurs. day, October 21st.
SUPERVISOR PELL: The original request was Wednesday, October 20th, I
believe.
COBNCILMAN MURPHY: There was a conflict with. the cour~ on that date.
SUPERVISOR PELL: The original request when it first came in was' October
20th, then you changed it---my office went ~iack to you and said that
is our court date. V~hen I dug out my~.orig~nat letter it ~as October
20th. We suggested the next .day, October 2tst. Then you presented a
letter for that, October 21st, we discussed it at the Board level, the
Board said they would like to offer the use of the building on. Peconic
Lane for this. The League of Women Voters also have been authorized
to use the building for Meet the Candidates Night on some other
night, I forget what night that was, but the Board at that time
said they would like to have your, group meet uP_ there. That's
where we stand, gentlemen.
MR. ADLER: I understand.
SUPERVISOR PELL: I'm just refreshing it for the Board and the
people here. Do you wish to d~scuss this at this time or do it
on October 5th?
COUNCILM;nN MURPHY: You don't have a definite date, do you? Have
you heard from the Congressman yet?
MR. ADLER: You see, there are four people involved. There are two
is Representative Carney and his associate and two people
going to represent the other point of view. They were all
SEPTEMBER 21, 1982 274
surprised--that the event be dig~!~fied by p.resentation--~nless I can
confirm it to them we.will .be.:~.:~t'~:~b'-somewhere else. The meeting
will take place. That's why i' S~ ~ do not h~ve a fixed date. We
would very much like to have a fixed date of the 21st.
COUNCILMAN M~PHY: That's a Thursday night?
MR. ADLER: Yes.
SUPERVISOR PELL: A .Thursday night, yes. Gentlemen,---Larry?
COUNCILMAN ~RDOCK: Are you suggesting that the Senior Center is
inappropriate? I would think it's more-appropriate since it's larger.
You can have a larger audience.
MR. ~DLER: We don't expec~ that large an audience. We~o feel, again,
that-the public nature of this issue, public interest of this issue,
the fact that it is going on Suffolk County's referendum deserves the
dignity 6f the presentation of this case in the most d~gnified circum-
stances that we can provide, which, is the SouthOld Town Hall, and we
would like recognition of that feeling.
COUNCILMAN TOWNSEND: Let me just ask a question. When the D.A.R.
used the building who gave tkem permission to use the building?
SUPERVISOR PELL: I did.
COUNCILMAN TOWNSEND: Was there a Board ruling on that?
SUPERVISOR PELL: No.
COUNCILMAN TOWNSEND: Why was there Board approval required for this?
You just felt it was on this issue?
SUPERVISOR PELL: Yes, certain associations, Joe, we just let it go.
COUNCILMAN TOWNSEND: I have no objection to this, although I agree
wi~h--I have no objection, but I disagree that it will not be that
well attended. I think you' 11 find you will not have enough seats
in here to handle %his particular debate, because I think you'll find
people coming' from outside of Southold Town who will come to it, so
I would recommend that you make provisions for a:place with more
seating capacity than here. But I have no objections to this place
being used, but I think it would be poor planning.
MR. ADLER: As I say, we have discussed it with out visitors---we
would be surprised if we would have an overflow, but we would be
delighted if we did.
SUPERVISOR PELL: There are about 117 chairs here.
MR. ADLER: Our best experience in meetings of this type in this
community is in the neighborhood of 100 people and we think this
is sufficient. ..
· SUPERVISOR PALL: Gentlemen, you have heard one Councilman, how do
the rest of you feel?
COUNCILMAN MURPHY: The hall is open on the 21st I have no objection
to their using it. '
COUNCILMAN MURDOCK: I have no objection, but I think the other one
is more appropriate.
SUPERVISOR PELL: Judge?
JUSTICE EDWARDS: It's okay with me.
COUNCILMAN NICKLES: I object.
SUPERVISOR PELL: We have five to one one objection. I will get
your letter out-'- '
COUNCII~MAN NICKI.V.S: t object to the use of the Town Hall because
the criteria is if it is a civic group, for civic purposes. In this
case I feel it's a political debate, what it has turned out t~o be
and especially when you spoke of it's going tO.be Congressman Carney
and some entities involving a nuclear industry, s~ientists or Whatever.
275
SEPTEMBER 21, 1982
surprised~-that the event be dignified by presentation--unless I can
confirm it to them we will be forced to go somewhere else. The meeting
will take place. That's why I Say we do not have a fixed date. We
would very much like to have a fixed date of the .,21st.
COUNCILMAN MURPHY: That's a Thursday night?
MR. ADLER: Yes.
SUPERVISOR PELL: A Thursday night, yes. Gentlemen,---Larry?
COUNCILMAN MURDOCK: Are you suggesti-ng that the Senior Center is
inappropriate? I would think it's more appropriate since it's larger.~-~
You can have a larger audience.
MR. ADLER: We don't expect that large an audience. We~o feel, again,
that the public nat.~re of this issue, public interest of this issue,
the fact that it is going on Suffolk Cou~t
y referendum deserves the
dignity ~f.the presentation of this case in the most dignified circum-
stances, that w~ can provide, 'which is the Southold Town Hall, and we
would like recognition of that feeling.
COUNCILMAN TOWNSEND: Let me just ask a question. When the D.A.R.
used the building who gave them permission to use the building?
SUPERVISOR PELL: I did.
COUNCILM~N TOWNSEND: W'as there a Board ruling on that?
SUPERVISOR PELL: No.
COUNCILMAN TOWNSEND: Why was there Board approval required for this?
You just felt it was on this issue?
SUPERVISOR PELL: Yes, Certain associations, Joe, we just let it go.
COUNCILMAN TOWNSEND: I have no objection to this,~ although'~ ~ree
with--I have no objection, ~ut I"disagree thc% it?will
well attended. I think you 11 find you wilt not' ha~e e~gh
in here to handle %kis p~rticuIar debate, because
'people coming from outside of Southold ToWn who wilt c°me~:~o
I would recommend that you make provisions for a~place ~;h.~0~
seating~capacity than here. But I have no objectilons ~/i~is place
being used, but I think it would be poor planning.
MR. ADLER: As I say, we have discussed it with out visito.~s---we
would be surprised if we would have an overflow, but we ~s~ld be
delighted if we did.
SUPERVISOR PELL: There are about 117 chairs here.
MR. ADLER: Our best experience in meetings'of this type in this
community is in the neighborhood of 100 people and we think this
is sufficient. --
SUPERVISOR PELL: Gentlemen, you have heard one Councilman, how do
the rest of you feel?
COUNCILMAN MURPHY: The hall is open on the 21st. I have no objection
to their using it.
COUNCILMAN MURDOCK: I have no objection, but I ~hink the other one
is more appropriate.
SUPERVISOR PELL: Judge?
JUSTICE EDWARDS: It' s okay with me.
COUNCILMAN NICKLES: I objec~.
SUPERVISOR PELL: We have five to one, one objection. I will ge~
your letter out--
COUNCILMAN NICKLES: I object to the use of the Town Hall because
the criteria is if it is a civic group, for civic purposes. In this
~case I feel it's a political debate, what it has .turned out to be
)ecially when you spoke of it's going to be Congressman Carney
some entities involving a nuclear industry, scientists or whatever.
SEPTEMBER 21, 1982 276
Now it turns out it's two candidates for a congressional office and I
th~nk ~t s ~nappropr~ate to u~i~h~o~vn H~ll for political debates.
MR. ADLER: Mr. Nickles, do'you think it is more appropriate to use
the Town Hall for a presentation of one candidate, as occurred when
Mr. Carney addressed the group here---
COUNCILMAN NICKLES: The Town Board was not asked for permission for
Congressman Carney to appear here. They were asked for permission
for the Daughters of the American Revolution to appear here and I
was at that meeting and I don't think that the Congress'man was present-
ing his position on nuclear freeze, but rather on general--on the defense
posture the budget for the United States of America. It wasn't until
certain people in the audience raised the issue of nuclear freeze that
it became a forum for the referendum on the nuclear freeze and I strongly
object to Town property being used for political purposes. I have.
stated my position, we can talk about it later. You have the votes
here. You have it and ....
MR. ADLER: I fvould like you, Mr. Nickles, to be personally satisfied
in the action of the Board. I will simply say that since it is a
issue on the referendum and voter information is required, the best
way for voters to get their information is through impa~.ial discussion
and I do believe that it is traditional for town halls to be 'used for
that purpose.
COUNCIl{AN NICKLES: Then the Town Board should change their criteria.
I appreciate your thoughts, but then the Town Board should change their
criteria, and the criteria the Town Board ~et was that it was not to be
used for political purposes, it was to be used for civic groups. Now,
maybe at times it h.asn't always been used the way the Town Board envisione
it, but certainly that's the criteria. If the Town Board wishes to change
that criteria that's a matter for discussion. Obviously the other
gentlemen on the Town-Board, who I respect their opinions, feel differentl
than I do and be it as it may evidently your participants are available
on that evening you'.Il be here and conduct your meeting.
MR. ADLER: I want to express my appreciation for the use of the
building. If we are not able to use it that night I will inform
you sufficiently in advance so others can make u~e of the hall.
You see, we have a number of people involved. Congressman Carney
has agreed to that particular night, if it is another night it will
have to be somewhere else as I understand these premises will not be
available. But I' do thank you for giving us permission for that~B~ght.
SUPERVISOR PELL: Okay, thank you. Anybody else wish to address the
Board? Mrs. Conway.
MRS. MARGARET CON~¢AY: I want to know if you have made a decision on
replacing the stairs at Horton's Point Lighthouse?
SUPERVISOR PELL: Mr. Dean is looking into the cost and~e's going to
get back to the Board with the cost of what it would cost to have it
repaired. ~e are wai.ting for~that to come throngh. Anybody else wish
to address the Board? (]No response.) Gentlemen, the Town ~ttorney
thinks we should have a resolution giving them permission to use the
hall for the meeting of the North Fork Peace Group.
TOWN ATTORNEY TASKER: ~ou have always done it in the past. You set
guidelines and now you're violating them. I think it ought to be on
the record.
SUPERVISOR PELL: Gentlemen, as you know you set guidlines for me ~o
follow to let it be used by civic associations and now you are going
outside of this so therefore I respect Bob's opinion it should be
under resolution form. I need a motion to authorize this to be used
by the North Fork Peace Group. Is there a motion to give permission
to use it?
Moved by Councilman Murphy, seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes
the North Fork Peace Group to use the Southold Town Hall Meeting Room
on Thursday, October 21, 1982 (.evening).
Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Supervisor
Pell. No: Councilman Nicktes.
This resolution was declared duly ADOPTED.
277 SEPTEMBER 21, 1982
Moved by Councilman Murphy, seconded by Supervisor Pell, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 4:10 P.M.
Vote of The Town Board: Ayes: Just±ce Edwards, Councilman
ToWnsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was declared duly ADOPTED.
Judith T. Terry~
Southold Town Clerk