HomeMy WebLinkAboutTB-09/21/1982 261
SOUTHOLD TOWN BOARD
SEPTEMBER 21, 1982
WORK SESSION
9 : 15 A.M. - The Board began* 'rev iek ing the 'agenda.
10 : 45 A.M. - James McMahon, Youth Coordinator and Grantsman for the
Town discusse —with the Board the transfer of Year VII "Community
Development B1&ck Grant' 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 propose uf'folk' County . Local Law establishing standards
and procedures- for rental housing for the Department' 'of' Social 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- days and it
is impossible to obtain building, electrical, plumbing inspections and
underwriters certificate in that .period of time.--Mr. .Lessard recommended
to the Board that the bond on' Highland Estates be' iricre'as'ed -.by $100 ,000,00,
due to the fact the roads- have not been completed and the 'pres-ent bond
$100 ,0.00.00. is ' inadequate should the Town be. :,required to. go im- :and comic :e
the roads .--Violations at the Matti tuck' Shopping Center , and :tape ._S:outhol
Town Fire: Code were discussed.
12 Noon - Town Engineer Lawrence Tuthill spoke .td the Board -regarding
the' Coastal Barriers-. Of the four areas on Fishers Island two should
be eliminated; those areas that are publicly owned and one-:--of the two
is Elizabeth Airport land. He will make Coastal Management •:aware of
this . Mr. Tuthill also requested permission to attend a _.public- hearing
on Coastal Management to be held at Hauppauge on September '30th. A
resolution granting him permission is on the agenda (V-20) . Mr. Tuthill
also objects to the flood plain wave 'anal'ysis for Southold Town 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 in
Cutchogue. He said an environmental review must be done and submitted
to HUD and it is expected authority to commit the funds would be around
November 15th.
12 :25 P.M. - Supervisor Pell submitted a letter 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. All
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 lunch .
2 :20 P.M. - Work Session reconvened and the Board continued reviewing
the agenda.
EXECUTIVE' SES'S'ION
2 : 30 P.M. - Victor' Lessard, Executive Administrator and' George Fisher,
Building Inspector met with the Town Board to discuss yiblati'ons at
the Mattituck' Shopping Center Theat're ,' Section 1II. Mr. Fisher was
directed to issue a violation notice immediately.
SEPTEMBER 21, 1982 262
REGULAR MEETING
3 :00 'P. M.
A Regular Meeting of the Southold 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.
Councilman 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 Meeting of the Southold Town
Board held on 'September 7,' 19'82 and Special Meeting of the Southold
Town Board held on September 17,' .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.
Moved by Councilman. Nickles , seconded by Councilman Murdock, it was
RESOLVED that the next Regular Meeting of .the'- South 1d Town* Board
will be held at 7: 30' P'.M. , Tuesday , Gctbber 5',' '19'82 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 wishes to do so may review them at the said office.
I. Town Justice Tedes-chi ' s monthly report (:August 1982) .
2 . Town Trustee ' s monthly report (:August 1982) .
3. Town Justice Edwards ' monthly report (:August 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 th.e Highway Department , or
at least I did, met . with. th.e Superintendent' of Highways' and Public
Works to discuss the' budget and 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 SEPTEMBER 21, 1982
to see that water recharged to our water tables if possible. We
will have a Code Committee meeting again tonight on the building
code enforcement.
SUPERVISOR PELL: Councilman Nickles? (Nothing. ) Councilman Murphy?-
COUNCILMAN MURPHY: Yes, Bill, two things . One, we had two meetings
last week with representatives from the Department of State on preparing
a town-wide emergenby* preparedness' plan. It is coming along very well
and should be formulated sometime in 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 quite pleased with the cooperation of this
Board. Also, last week we met with Paul Flagg and had a group of high
school students and interested citizens looking at the results and
members of the Town Board looking at the results of the Seed Clam
Program and it really is doing quite fantastic. Paul is very pleased,
the Town is very pleased and they'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 PELL: 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 th.e Board about Thursday
of . last week, the Class D alert you had for Millstone.
JUSTICE EDWARDS : ..Just there was an alert, there was human error at
the Millstone Plant . Someone had turned th.e wrong valve over there.
Secondly I was also talking to a gentleman who is in the:_iealth/physics
department at Millstone and another problem that they had, this might
have been -the one earlier in th.e year, they got' s-ome defective fuel
from Westinghouse and it. wasn' t up to firing and it 's alh"these Tittle
things that are causing the big problems and leading to':-�t-he ;-government
putting restrictions land regulations on nuclear. ,power .plan`t:s `.and it ' s---
I ' d say I ' ve Worked around Millstone in New London -.*;:1 Worked ,-there for
five-,or six years in the phone company and i.t ' s` as safe .as.,...c,=, be and
I know a lot of people are- s-h.aking their heads but they`-b.ave-n ' t had an
problems at Millstone, any major ones , and - h hope they don't,- With the
people that they have over there and the expertise behind-^:,t�h:;,m I think
the Millstone I, II and III are going to be there for ;a-,l�on,g. time.
Thank you.
SUPERVISOR PELL: That i.s the second Class D alert from Millstone in the
last sixty days. We had one July 24th and then we had -one "Thursday of
this week. The Town is notified--they notify Fishers Island and Fishers
Island notifies- the Town Police. Also the County is notified from
Connecticut . The County notifies the Town Police also, so we get
notification from two ways- to make sure we are aware what ' s going 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 s-ay, 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 Behan, 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 before
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 a
degree, when L-ILCO' s nuclear plant, Shoreham, does go on line the rate.,
will increase, will increase anywhere from 40% to 55%. To start with
this plant was supposed to mak.e LILCO rates go down, but we were informed
today they will .increase when this plant goes on line, which took us all
by a big surprise. Many of us knew it, some didn ' t.
II. PUBLIC NOTICES
COUNCILMAN-MURPHY: 1. From the Federal Emergency ManagementAgency.
This is posted on the Town Clerk 's Bulletin Board. Concerning the
flood zone.
2 . Public Notice from the Ariny' Corns of En'gineers on the applica-
tion of Stroh'gs Marina Center for travel-lift slip and dredging at James
Creek in Mattituck. This again is posted on the Town Clerk 's Bulletin
Board.
SEPTEn4BER 21, 1982 264
3. Corps of Engineers , applacat:i.on „of,.-Suf'folk' County 'DPW to
construct dock, bulkhead and dredge with offshore disposal at Greenport
Harbor. This is the railroad dock project .
4. -Notice of a Complete Application to the N.Y.-'S'.'-D.E•. C: - by Robins
and Speed Home Improvements , Inc, for Afs .' Ann' Wyden and Ms. Margaret
Heller, 625 Second Street, Greenport for freshwater wetlands to construct
an 8 ft . by- 8 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 at 2015 Bay Avenue ,
East Marion. Comments no-later-than October 6th to the ITew York D. E.C.
5. Application of George L. Penny 'IV to construct 12 ft . wide by
42 ft , long deck along the entire length of the-house approximately
63 ft . from tidal wetlands at its closest point . A variance is requested
from setback requirements pursuant to Tidal Wetlands- Land Use Regula-
tions. The project is located at Deep Hole Creek at the end of Bungalow
Road, Mattituck., Town of Southold. Comments by October. 6th .to the New
York D.E. C.
6. 'Application of 'Gus Wade from West Babylon by Enconsultants to
construct 120. ft , lin, ft . retaining wall and a one family dwelling.
Backfill for wall 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 project -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 be further addressed through
additional application and/or hearing procedures-. 'The project site
is at the east side of East Road, Cutchogue, ' Town of Southold. Comments
by -October 6th to the New York' D'.E. C.
7. Department of the Army', Corps' of Engineers application by
Mr. Robert Munch, 2790 Westphalia Road, Mattituck. 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 effective October 16th. The commuters in our Town
have met with the railroad three consecutive times , along with
Riverhead. Township people involved. Two meetings were held in
Jamaica and one was held out here. Bottom line is that the North
Fork Commuters Association say, "I recommend thatthe Board accept
and approve the October 16 changes but only as a step in the 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-Rental' Housing Inspection Local Law (County
of Suffolk) .
3. Request' for 'a 'street light (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 Board of Riverhead. They are upset about the 'coizrt, changes
that are planned.
5(a)Another street light 'request (Mrs . Virginia Grattan, 2630
Gillette Drive, East Marion) ,
5(b) Street' l'ight' 'request from Lori E. Salmon, Hortons Lane,
Southold.
5( c) Street light request from John Jefferson, Paster and Ernest
Stilley, Chairman of Trustees and Building Fund-,. Jefferson Temple,
Church of God in Christ, Middle Road, Cutchogue .
6. Completion of a Community Development Block Grant 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,`Ofl0 .00 grant
we had for the libraries . .
7. From Adelphi University reference Wate'r Pollution' on Long
Island conference. (.0ctober ,22 ; . 1982) ,
8. From Solwih, Industries' 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, 111e -will have to reply to them.
9 . Laughing Water :Property Owners Ass'oci'at ion , Inc. regarding a
violation of the zoning ordinance . 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 charges- 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 Federal
Community Development Block Grant Funds the Town will receive in April
1983. Since it is not yet 3: 30 we will go on to Resolutions at this
time.
V. RESOLUTIONS
1. Moved by Councilman Murdock, seconded by Councilman Nickles , it was
RESOLVED that the Town Board of the Town of Southold has inspected
the proposed subdivision entitled "Settlers 'at* Oyste'rponds" , located
at Orient, New York, containing 67.652 acres , owned by Charles B.
Horowitz and Lawrence S. Ingolia, and 'approve' said property 'as being
developed in the cluster concept . Complete legal des-cpription as
follows : At Orient , Town of Southold, County of Suffolk and State
of New York. Beginning at the corner formed by the intersection of
the northerly side of Orchard Street with the westerly side of Narrow
River Road; running thence along the northerly and northeasterly sides
of Orchard Street , (.1) South. 82 degrees 33 minutes 20 seconds. ?'Pest ,
466. 15 feet ; (2) South 69 degrees 18 minutes 20 s-econds West, 703.67
feet ; (3) North 41 degrees 05 minutes 30 seconds West, 1328. 70 feet ,
and (4) North 64 degrees 55 minutes 00 seconds- 375. 42 feet west to
the corner formed by th.e 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, (1) North
54 degrees 04 minutes- 40 seconds East 939 . 91 feet ; and ('2) North 37
degrees 05 minutes 50 seconds West' 402 .51 feet ; thence North 50
degrees 52 minutes 00 seconds East, along land now or . forme.rly of
the Russell Tabor Estate, 656 . 33 feet; thence along land now or formerly
of- R. W. Gillespie;. (1) South. 40 degrees 31 minut.es 10 secon-ds East,
1461. 53 feet ; and (2) South 65 degrees 31 minutes` :10 seconds East,
231.58 feet to the Northwesterly side of Narrow River:,:Road; -`:t-'hence
along the northwesterly, southwesterly and westerly sides of 'ivar.row
River Road, (:2) South 22 degrees 20 minutes 00 s-econds West,, -2-55.'22 fec-.
(2) South 39 degrees 12 minutes- 30 seconds East ,. -516 .06-.feet; ,:an:d (3)
South 15 degrees 44 minutes 40 seconds West , 306 . 78 feet ;totrh:e ;corner
and point or place of Beginning..
Vote of the Town Board: Ayes: Justice Edwards-, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was- declared duly ADOPTED.
2 . Moved by Councilman Murph_y, seconded by Councilman Nickles , it was
(a) RESOLVED that -the -Town.-Board of .the Town of Southold hereby auth-
orizes the transfer of '$2', 750.0.0 from General Fund Wh.ole Town
Contingent Account A19.9.0. 4 to Historian Contractual Account A7510. 4.
Vote of the Town Boa-rd: Ayes-: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
2 . Moved by Councilman Townsend, seconded by Councilman Murdock, ..it- was
(b) RESOLVED that th.e Town- Board .of the Town of Southold accept .the bid
of Academy Printing Services, *Inc.. ,. Southold, .-New- York for printing
500 copies of Liber D, Volume III of Town Records-, at a bid price of
6 , 765 . 00, and additional pages at the following increments : ( a) four
pages - $69. 00 ; (b) 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 Pell.
This resolution was declared duly ADOPTED.
SUPERVISOR PELL: For information sake .lArs . 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 I
believe. It ' s quite a feather in her cap and our cap to have that
come to Southold Town. I know the day she got the call she was just
about in tears she was so excited.
SEPTEMBER 21 , 1982 „:. :.. .:; 266
3 . Moved by Justice Edwards , .seconded by;,.Councilman Nickles , it was
RESOLVED that pursuant to Article 8" of the 'Environmental Conservation
Law State Environmental Quality Review and 6NYCRR Part 617, Section
617. 10 and Chapter 44 of the Code of the Town of 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 have 'a significant effect 'on' the environment.
Description of Action: Application of Encon'sultants, 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 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 aadverse effect to the environment are likely- to
occur should the project be implemented as- planned.
Because there has been no response in the allotted time from
the New York State Department of Environmental . Conservation, 'it is
assumed that there is no objection nor comments by that agency.
_Vote of the Town Board: Ayes: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman -Murdock, Councilman
Nickles, Supervisor Pell.
This resolution was- declared duly ADOPTED.
4. Moved by Councilman- Nickles , seconded by. Councilman Murdock;' it was
RESOLVED that the .Southold Town Board declare 'itself' 'l'ead 'agency in
regard to the State Environmental- Quality.-Review-. Act in the matter of
the application _of -Enbonsultants', Inc. on' b'ehal'f' of Edwin M. L'ats'on
for a Wetland Permit on certain property located on private right-of-
way off Island View Lane, on an unnamed creek at Conkling Point ,
Greenport , 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.
5. 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 trai'l'er
on right-of-way off southeast side .of Main Road, Mattituck, New
York be and hereby is renewed for a period of six months .
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy , Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
6 . 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
mo di f i cat ion:
Delete---Project #1002-----$100 ,000. 00
Acquisition of Property' for Mattituck Inlet
Recreation area. Census tract : 1700 .
Add------Project #1-13-----$100 ,000. 00
Cut chogue Landfill Improvements
Town-wide benefit. Census tract: 1700 & 1702.
Vote of the Town Board: Ayes : Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
7. Moved by Councilman Murdock, seconded by Councilman Nickles , it was
RESOLVED that th-e application of Walter '& Frank' Sawicki 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.
8. Moved by Councilman Nickles , seconded by Councilman Townsend, it was
RESOLVED that the Town Board of the Town of Southold request the New
York State Department .of Transportation to conduct speed surveys on
the following Town roads :
Bridge Lane, Cutchogue, from Route 25 north to Oregon Road.
267 SEPTEMBER 21, 1982
Indian Neck Lane , Peconic, from Route 25 south. to Peconic 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.
9. Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that th.e Town Board of the Town of Southold appoint 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 Pell .
This resolution was declared duly ADOPTED.
10. Moved by Councilman Murphy, seconded by Justice Edwards , it was
RESOLVED that the Town Board of the Town of Southold hereby grants
permission to the Southold Senior Citizens Club,' •Inc. to hire one
bus at a cost of $240 .00 to transport their group to the Island
Squire on October 26 , 1982 and .to apply the balance of their '1982
allocation toward the cost of a bus for a trip to Westbury Music
Fair on October 14, 1982.
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 Supervisor Pell, seconded by Councilman Murdock, it was
RESOLVED that a recess be called at this time, 3 : 30 P.M. ,for the
purpose of holding the following public hearings :
3 : 30 P.M. - Proposed Local Law in relation to fees and charges
for the removal and storage of vehicles .
3 : 35 P.M. , - Proposed Local Law providing for the adopt'i-on of
unredeemed dogs .
3 :40 P.M. - Federal Revenue Sharing Funds for the fiscal year
1983.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
Meeting reconvened at 3: 50 P.M.
11. Moved by Supervisor Pell , seconded b.y 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 thin week 4-H. members , leaders- and families will
observe National 4-H Week. 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 responsibility,
thoughtfulness , morality and understanding; and
WHEREAS , the more than 500 volunteer adult 4-H leaders are organizing
their 4-H Clubs for the 1982-83 year, many others are organizing clubs
for the first time; and
WHEREAS , the more than 60 ,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 , 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 Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This. resolution was declared duly ADOPTED.
SEPTEMBER 21, 1.9.82 268
12 . Moved by Councilman Murphy," se eonde d�sb,y- :Coun.ci lman Nickles , it was
RESOLVED that the application of Martin Sidor dated September 23, 1982for 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.
13 . Moved by Justice Edwards , seconded by Councilman Murdock, it was
RESOLVED that $286. 14 be and hereby is" tran"ferred from Highway
Item IV, DS9059 . 8, CSEA Welfare Fund, to Highway Item IV, DS9030. 8
Social Security.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell .
This resolution was declared duly ADOPTED.
14. Moved by Councilman Nickles , seconded by Councilman Murphy, it was
RESOLVED ,that the application of" Sophie' 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
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED. _
15 . Moved by Councilman Murdock, seconded by Justice Edwards , it was
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Board of Commissioners of the Fishers 'I"sland Ferry .
District to adverti"se f'or bids for the M"/V' Munnatawket' to' be' .dry-
docked for periodic inspection, necessary repairs and refurbishing
of the vessel ' s underwater body.
Vote of the Town Board: Ayes : Justice Edwards , Councilman
Townsend, Councilman Murphy, 'Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
16 . 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" 8buthold-Pecbni6," Inc'. to engage buses 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 19821.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.
-SUPERVISOR 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.
17. Moved by Justice Edwards , seconded by Councilman Murphy, it was
RESOLVED that Chief H D"aniel".Winters be and he hereby is auth.orized
and directed to purchase" .two (2) Motbrol'a 'p"ol"ice" "radios 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.
18. Moved by Councilman Murdock, seconded by Councilman Murphy,
( a)
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED
SEP=BER 21, 1982, DESIGNATING AS AN ADDITION TO THE SITE
OF THE EXISTING TOWN LANDFILL SITE, THE CERTAIN PIECE OR
PARCEL OF" LAND CONTIGUOUS- TO SAID' LANDFILL• SITE AND SITUATE
ON COUNTY ROUTE 48 IN CUTCHOGUE, IN SAID TOWN, AUTHORIZING
269 SEPTEMBER 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 ISSUANCE 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 COUNTY
OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-third
of all members of said Board) , AS FOLLOWS: --
Section 'l. The Town of Southold, in the County of Suffolk, New
York (the "Town") , 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 County Route 48 in Cutchogue, in said Town,
as an addition to said landfill site. The estimated 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 apppropriated therefor,
including $75 ,000 Community Development Funds now available in .the current
budget of the Town. The plan of financing includes. the. us:e ,of said
$75 ,000 Community Development Funds, the issuance,. of erial b is
of the Town to finance the balance of said appropriation..an,d the levy
and collection of taxes upon all the taxable real property in the Town
to pay the principal of said bonds and interest thereon -as the same shall
become due and payable.
Section 2. Serial bonds of the Town in ttj,e' principal amount of
$105 ,000 are hereby authorized to be issued pursuant to the provisions
of the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") , to finance the balance of said
appropriation not provided by said Community Development Funds.
Section 3 . The following additional matters are hereby
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 11 . 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 provided 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 payment 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. :t
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 terms,
form 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 notes, 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 only 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 SEPTEMBER 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. the _
provisions. of the constitution.
Section 7. This resolution shall takeleffect 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.
18. }Moved by Councilman Murdock, seconded by Councilman Murphy, it was
(b) �ESOLVED by the Town Board of the Town of Southold, in the County
cif Suffolk , New York as follows :
Section 1. Th.e Town' Clerk is hereby auth'ori-zed 'and'-directed
t4 publish., in' full , the foregoing bond* resolution in--"The Lori; :Island
Traveler-Watchman" , a newspaper published in Southold, New- York, and
hav,ing a general circulation .th.erein, and hereby designated as the
Official newspaper of said Town, and in "Th:e Suffolk.-',Times" and
additional newpaper published in Greenport , New- York, together with
a notice attach-ed 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 Board: Ayes-: Justice Edwards, Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
19 . Moved by Supervisor Pell, seconded by Councilman Townsend, it was
RESOLVED that Supervisor William R. Pell , III be and he. hereby is
authorized and directed to execute a contract with Leander Glover
Jr, for the purchase of- 18. 893 acres of land contiguous' to th'e Town
landfill site , located north of County Route 48 in Cutchogue, 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. 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 publ'i-c hearing on Coastal
Management to be held at Hauppauge, New York on September 30, 1982, and
all 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 Murphy, 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 storing vehicles at the
P.D. I ' d like to have that move today-.
21. Moved by Councilman Murphy, seconded by Justice Edwards ,
WHEREAS , a proposed Local Law No.- 7 -' 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, be it
RESOLVED that Local Law- No. 7 - 1982 be enacted as follows ,
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
removal, seizure, storage and/or impoundment of any vehicle pursuant
to any other provision of law, the police officer may store or cause
".. such vehicle 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 Southold Town Police Department of the amount -
of all expenses actually and `n'eeces`sarily incurred in effecting 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 thereof.
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.
.2 . Moved by Councilman Nickles, seconded by Justice Edwards ,
WHEREAS, a proposed Local haw No. 8 .. 1982 was introduced at a
meeting of the Southold own Board E—eIT--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 h.eard 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 dogs .
Be it enacted by the Town Board of the Town of Southold as
follows:
Chapter 38 of the Southold Town Code (Dogs) is hereby amended
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 3877 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 provisions 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 not 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. Th-e fee for the adoption of
a dog shall be in such amount as may be, from time to time , established
by town board resolution. Th.e 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 that such dog is spayed or neutered within such time .
4 . 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: 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 PELL: 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, Southold: 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. And to give .you a better idea,
273 SEPTEMBER 21, 1982
because we feel perhaps there. was some misunderstanding 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: Following your recent address at our Southold Town
Hall in U. S. military preparedness and your acceptance of our'.
invitation to debate issues inherent in the upcoming nuclear
freeze referendum on the Suffolk County ballot we have made the
following arrangements : We can comply with your choice. of any
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. ' We 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 Yes-Vote 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 and please get us that
information for immediate release. " Now, we feel that in respect for .
the issue which is on the referendum and the participants who have
agreed to air this for the benefit of the citizens of Suffolk County
and particularly Southold that out of respect .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 would
very much appreciate. So again we .would ask that you do reconsider
the use of our hall on that occasion and give us an opportunity to
respond to your objection. I must also so that our -membership is
generally a non-partisan nonpolitical membership; . I believe our
people cross all party lines. -There is some feeling of unfairness
in having presented the use of the hall on the D.A,R.'.,.auspicious for
the presentation of Mr. Carney,.without giving- an":opportuni.ty for a
non-partisan discussion of the issue and that. feeling of un.f.airness
I would like to see dis-olved in our community. So I ask again that
you reconsider our application.
SUPERVISOR PELL: Thank you. Town Board, you heard the request. The
request was made originally to use the hall, Town Hall , on Wednesday ,
October 20th.--
MR", ADLER: Thursday, October 21st.
SUPERVISOR PELL: The original request was Wednesday, October 20th, I'
believe.
COUNCILMAN MURPHY: There was a conflict with. the court on that date .
SUPERVISOR PELL: Th.e original request when it first came in was- October
20th, then you changed it---my office went back. to you an.d said that
is our court date. When I dug out my-original letter it was October
20th. We suggested the next .day, October 21st . 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 discuss this at this time or do it
on October 5th?
COUNCILMAN 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
people--one is Representative Carney and his associate and two people
:;:who are going to represent the other point of view. They were all
SEPTEMBER 21 1982 274
surprised--that the event be dignified by presentation--unless I can
confirm it to them we_:will be for.ced;: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 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. ;ADLER. We don 't expect that large an audience. We do feel, again,
that the public nature of this issue, public interest of this issue,
the f act that i.t is going on Suffolk County's referendum deserves the
dignity of the presentation of this case in the most dignified 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 them 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
with--I have no objection, but I disagree that it will not be that
well attended. I think you' ll find you will not Have enough seats
in here to handle this 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 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 think the other one
is more appropriate.
SUPERVISOR PELL: Judge?
JUSTICE EDWARDS : It ' s okay with me.
COUNCILMAN NI CKLES : I object .
SUPERVISOR PELL: We have five to one, one objection. I will get
your letter out
z.s
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
and especially when you spoke of it 's going to be Congressman Carney
and some entities involving a nuclear industry, scientists or whatever.
27-5 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 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. ADLER: We don't expect that large an audience. We do feel, again,
that the public nature of this issue, public interest of this issue,
the f act that it is going on Suffolk County 's referendum deserves the
dignity of the presentation of this case in the most dignified 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 them 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
with--I have no objection, but. I disagree that it` will not be : _Ihat
well attended. I think you' ll find you will not have enough :,;se,ats
in here to handle this 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 ;t;his 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 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 think the other one
is more appropriate.
SUPERVISOR PELL: Judge?
JUSTICE EDWARDS : It ' s okay with me.
COUNCILMAN NI CKLES : I object .
SUPERVISOR PELL: We have five to one, one objection. I will get
your letter out--
. L Y
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
d especially when you spoke of it ' s going to be Congressman Carney
an`d some entities i.nvolving a nuclear industry, scientists or whatever.
s
SEPTEMBER 21, 1982 276
Now it turns out it' s two candidates for a congressional office and I
think it' s inappropriate to use:,t=he; Town.
Hall 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 Congressman 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 would 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 impatt.ial discussion
and I do believe that it is traditional for town halls to be used for
that purpose.
COUNCILMAN 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 set was that it was not to be
used for political purposes , it was to be used for civic groups. Now,
maybe at times it hasn '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'll 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 use 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 thatunight.
SUPERVISOR PELL: Okay, thank. you. Anybody else wish to address the
Board? Mrs . Conway.
MRS . MARGARET CONWAY: I want to know if you have made a decision on
replacing the stairs at Horton' s Point Ligh-thouse?
SUPERVISOR PELL: Mr. Dean is looking into the cost and he 's going to
get back to th.e Board with the cost of what it would cost to have it
repaired. We are waiting for :that to come through. Anybody else wish
to address the Board? (No response. ) Gentlemen, the Town Attorney
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: You 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 to
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 Nickles .
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: Justice Edwards , Councilman
Townsend, Councilman Murphy, Councilman Murdock, Councilman
Nickles , Supervisor Pell.
This resolution was declared duly ADOPTED.
A-'(-�Judith T. Terryff
Southold Town Clerk