HomeMy WebLinkAboutTB-08/12/1980 SOUTHOLD TOWN BOARD
August 12, 1980
WORK SESSION
10 : 25 A.M. - The Board members audited the bills for the month of July.
11 : 00 A.M. - The Board began reviewing the agenda for the regular
meeting.
12 : 30 P .M. - Recess for lunch.
1 :45 P .M. - The Board resumed reviewing the agenda.
2 : 10 P.M. - Mrs . Maria Tejo and Mrs. Gladys Csajko appeared before
the Board and presented the July 1980 report of the North Fork
Animal Welfare League, Inc . They discussed various problems that
occurred during thei.r .first month and how they were resolved. On
August 24th from 4 : 00 P.M. to 6 : 00 P.M. the NFAWL, Inc .will hold
ceremonies for the official opening of the Dog Pound under the
management of the League.
2 : 30 P.M. - Mr. Julius Kinczell and seven neighbors from New- Suffolk
addressed the Board concerning the noise problem at Capt . Ahab' s .
They stated that after they appeared at the last Board meeting on
July 22nd the noise had abated on Saturday night, but then started
up on Monday nights . ---Supervisor Pell stated that from reports from
the Police Department, who were in contact with Mr . Kinczell, he
assumed the problem had been solved. This was the first indication
that the problem continuedc-- Mr . Crimmins said he lives, 2000 feet
away from Capt . Ahab's and has suffered approximately $1000 in
property damage. ---Mr . Karg joined in the appeal of the residents
for a noise ordinance and additional police patrols. ---Supervisor
Pell stated he would go back to the police and attempt to have
the problem solved. ---Mr . Karg asked what was being done about the
trailer Ms . Psillos, the owner of Capt . Ahab 's has placed- on the
property?---Councilman Murdock said he has spoken with Mr . Psillos
and was advised the trailer would not be used for living quarters;
would possibly be sold; and he might register it , therefore eliminating
any problem, other than a residential use on a business property.
2 :45 P.M. - Abigail Wickham, Attorney, appeared before the Board
to discuss the proposed bond resolution authorizing the issuance
of $15, 000 serial bonds of the Town of Southold to pay part of
the cost of the acquisition of certain real property in the Mattituck
Park District . The District is purchasing a parcel of land on the
easterly side of Aldrich Lane, Laurel . An incorrect description
was submitted with the documents Ms . Wickham presented. She advised
she would correct them and return them before the end of the day.
(The corrected documents were received later in the afternoon. )
2 : 55 P.M. - Mr. Stephen J. Guido, President of Hamilton Stone..,. Inc.
Financial Management Consultants addressed the Board concerning
his retrieval program for excess dollars in Social -'Security taxes
on wages considered unearned income - namely workman ' s compensation.
His fee is 37% of the funds retrieved. Mr . Guido was asked to
present a proposal for the Board ' s review.
A regular meeting of the Southold Town Board was held on Tuesday,
August 12, 1980 at the Southold Town hall, Main Road, Southold,
New York. Supervisor Pell opened the meeting at 7 : 30 P.M. with
the Pledge of Allegiance to the Flag.
Present :
Supervisor William R. Pell III
Councilman Henry W. Drum
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr .
Councilman George R. Sullivan
AUGUST 12 , 1980 291
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
Deputy Supervisor Marie Bauer Johnson
Absent : Justice Francis T. Doyen
On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the minutes of the July 22, 1980 meeting of the Southold
Town Board be and hereby are approved as' submitted,
Vote of the Town Board: Ayes.; Councilman Sullivan, Councilman
Murdock., Councilman Nickles;, Councilman Drum, Supervisor Pell .
Thisrsolution was: declared duly adopted,
On motion of Councilman Nickles, seconded by Coun d1man Murdock, it was
RESOLVED that the following audited bills be 'and hereby are approved:
General Fund Whole Town bills. i.n the amount of $31,'501. 96; General
Fund Part Town bills in the, amount of .$15, 122 .60; Highway Department
bills in the amount of $40.,.552..80;. Fi.sh.ers. Iceland Ferry District bills
in the amount of $71 , 664 . 0,8 and Capital Account bills in the amount
of $155. 03 .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted..
SUPERVISOR PELL: The next meeting for the :Sout.ho.ld.: Town Board was:
set the last time the Board meta It will be: 'held August 20th. at.
1 :00 P.M_-, on Fishers Isla�id,. After that I: suggest the date of the
next Town Board meeting to be August 26th at 3 : 00 P.M, , Town Hall,
here in Southold.
On motion of Councilman Durm, seconded by. Councilman Murdock, it was
RESOLVED that the Southold. Town Board will hold a regular meeting
at 3 : 00 P.M. , August 26, 1980 at the Southold Town Hall, Main Road,
Southold, New- York.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
REPORTS - SUPERVISOR PELL:
1. Mattituck Inlet Advisory Committee. These reports will be
placed on file in the Town Clerk 's Office if anybody wishes to review
them may do so at that office,
2 . The Medical Services throughout the county. (Department of
Health Services-Emergency Medical Services Committee - meeting at
9: 30 A.M. , Wednesday, July 23, 1980..)
3. Monthly (June 1980) report. from Cablevision.
4 . Report from the Parks and Beaches (Committee) . I will let
Councilman Nickles --
COUNCILMAN NICKLES : I have a short report tonight . The beach
Committee in conjunction with the Town Attorney has submitted to the
Town Board for their study a proposed rules and regulations ordinance
involving our town beaches . You will probably hear more about this
after the Town Board has had a 'chance to review it.
5 . Report from Judge Tedesch.i (.July 1980) .
6 . Report from the Town Clerk (July 1980) .
7. Monthly (.July 1980) from the Assessors of the Town.
8 . & 9. Report from the Bay Constables of their.- activities for
the, month. of July.
10. Report from my office on the financial condition of the Town
over the budget, where we stand. We are running a little bit close
in a couple of areas . The Town Board did meet today and discuss one
of them and- are trying to make .the appropriate cuts so we can stay
within the budget that was approved last year to operate in the Town.
11. Highway. Department 's report (July 1980) .
12 . Fishers Island Ferry District report (.July 1980) .
13 . Report that Mrr,. Dean made to the Town Board. I ' ll try to
go on to it a little bit . Mr . Dean and myself went up to meet with.
the DEC about the landfill area in Cutchogue . We are trying to find
out exactly which way the landfill, the DEC can project the future
use of the landfill . It i.s on a limited basis now and in 1985 land-
filsl throughout the state are supposed to be closed. This type of
landfill . We went up there and we talked to the DEC people in trying
to see what they can see after 1985 and what they would recommend for
AUGUST 12, 1980
the Town. Basically what we came,.;.home with is on the 18th of this
month the firn of H2M has been engaged by the `five 'easa .e.nd .tows- and
the DEC to come up with an overall recommendation for the east end
towns . The report will be made -preliminary report will be' made
available on the 18th: The Town Board is just going to- s-it tight
until after the 18th, then try to look ahead from there.
14 . Mr . Murdock's report (Disposal Area Committee).
COUNCILMAN MURDOCK: The basis of my report if a letter that the
Town received, or actually the Superintendent of Highways received
pertaining to an inspection made by Mr . Lappano who is a Sanitary
Engineer for the Department of Envi,r.onmental Conservation. He talks
about methand gas and the problem. derives mostly from the federal
EPA leaning on the Department .of Environmental Conservation to provide
information so they in trun want us to provide a program of monitoring
methane gas. This is under discussion with H2M who has been doing
this kind of work at other landfills. He also wants us- to stockpile
clay which was an old recommendation made maybe two years- ago or
three years ago when they. discovered a vein of .clay in the sandpit
area where we mine sand, which i.s the purpose of digging the hole
which we eventually fill with the refuse. He said he didn 't see any-
stockpile of clay and he didn't see any stockpile of clay because we
ran out of the vein, there was no clay to stockpile. Not enough. to
save. He also complains about the amount of brush. that we have in
the landfill area and he recommends that we only pile the brush. to a
height of ten feet and cover it wi-th dirt and then pile it again ten.
feet and cover it with dirt , which. th.e Superintendent of Highways has
directed that they do . Other than that- we have no problems wi_th. 'our
landfill .
15 . Report from the Building Department (.July 1980) . •I't is
on file with the Town Clerk.
We have a number 16 which you people do not have on your agenda,.
It was delivered today and the Board is very interested in it and we
think it ' s a very interesting report . It is something .new- the- Town
has engaged in and I will ask Councilman Nickles to make .the report .
(July 1980 report of the North Fork Animal Welfare League, Inc. ) .
COUNCILMAN NICKLES : As some of you may be aware, of course the
Town Board is aware, a month ago we entered into a contract -for th.e
operation of our dog pound with the North. Fork Animal Welfare League
and today they submitted their first monthly report. I have to tell
ou that the condition of the dog pound when they- took it over, as
far as cleanliness .was really a sad sight to see and to smell. The
people running the Animal Welfare League. and performing the service.
,for the Town havedone an excellent .job going in there and cleaning
up this building and providing dog serv.ices�. This month, or past
month, they handled forty-seven animals- - dogs and part of the
reason it 's done and their reasons for wanting to do it, is that
so amny times animals only saw one way out and that was down to
Dr . Zitek' s to have a shot to put them to .sleep. I am pleased to
report that they only destroyed one animal in those thirty days
and they had to do that because the dog was ill and beyond help.
I hope this is going to work out : They seem to be off on the right
step and are getting .good cooperation from the citizens and our
police department . We 'd be interested to hear from the people if
they have found that the dog services aren 't what they should be,
but from all indications we have. a better service right now than,
started out last year .
PUBLIC NOTICES - COUNCILMAN NICKLES:
1. The New York State Department of Environmental Conservation
Notice of Complete Application for Non-Minor Projects by the Long
Island Oyster' Farms, Inc . for a ten year permit to do maintenance
dredging in Greenport Harbor . Written comments can be submitted .to
the DEC by August 20th.
2. The Corps of Engineers . An application of William Pollert
for a pier, ramp and floating dock at Jockey- Creek. ' That 's on the
south side of the creek in Southold. Comments can be submitt.ed..--Iby
August 29th.
3 . Suffolk County Department of Transportation. We have a
copy fo the press, release about the new feeder bus- line service
which is sponsored by the Suffo.lk. County and began Monday morning. on
August 11th. The schedules, by the way, on that bus service are
available here at the Town Hall and many other places in the Town.
AUGUST 12, 1980 293
SUPERVISOR PELL: Thank you. I 'd just like to ad lib on the bus
system. Monday_morning when it began I got several calls from
Orient-East Marion area on the schedule of it and routing of it .
I told the people what I knew about it and at that time I suggested
they call the Sunrise Coach Line who has the county contract to do
this . At noontime on Monday, the first day it was being used by
the east end residents of the Town. The west end residents had not
used it at that time. This will be four east end towns involved in
this eventually. Southampton is, I believe, the next one to come
on line . I could be wrong, early next month, they will begin theirs.
This service is being funded through the federal governmetn down to
the county . It is a three and half million dollar overall project .
If the people of the township do not take advnatage of., it, our, county
is offering it to us. If you have any questions on the routes---the
routes can be changed. We admit we are starting these routes, we
think we know where they best should go, but if we find an area that
the people are not going to use the feeder bus system it will go into
another area. So, if you are not using it, if you want to use it and
it does not come in your area of the Town, let the members of your
Town Board know and we can evaluate with the County and perhapsreroute
some of the buses so we can get best practical use out of them. So ,
if you have questions on it, please contact any member of the Board,
myself, and we will go from there .
COMMUNICATIONS : - SUPERVISOR PELL:
1 . A complaint on the 67 Steps about adding additional police
patrol . This letter will be turned over to the police department
too see what they can do up there in that area.
2 . From the Suffolk County Real .Property Tax say exemptions
over 65 has been raised to $9200. Gives the Town Board a time limit.
We just got this in and if we are going to adopt it we have to act by
September 1st of this year and there is no way- this year we can act
in time. We would have to hold legal hearings.
3 . This is what was reported on before 'by Larry about the land-
fill letter we got from the DEC. The letter came in, he is chariman
of that committee, I gave it to him and asked him to report to the
F Board which he just did a few minutes ago.
4 . The Suffolk County Supervisors and. Town Board are petitioning
the county legislature to put to a vote this- fall the abolishment
of the legislature at this-time for fall.. .I placed this on the
agenda for information for the Town Board to study and review. It
will be placed on. th.e agenda in the future to see if the Town Board
wishes to endorse the abolishment of the county legislature. Other
towns already have done this. We have resolutions- passed by Smithtown,
by Southampton and Huntington.. At this time I"-11 tellyou . the Board
has mixed emotions on it . Some people can see and some are a little
bit holding back, can 't quite see it yet.. So we will act on that
in the near future.
5. This tells us that the DEC will be doing a study on the
areas that we have clams in our township in July and August.
Conducting what they call a shellfi.sh. pppulation survey. When they
find out where all the shellfish are then all the bagmen can. go take
them.
6. A hurricane committee meeting we had. Mr. Jacobs from I
Dean ' s office went up to attend it . Mr . Dean did brief the- Town
Board on it today. He has all the facts-in his- office. What to do
in case of a hurricane. Who to call for help and all along these.
lines .
7. Letter from Mr . Glass. It came: into th.e county office
it came into the Fi;s;hers I.s-land Ferry, District ., . They built a .dock,
ri over there. Mr. Glas;s; is telling us, that the work is all done and
complete and approval is".all set with. his- office and we have to. check.
and make sure the contractor pays all the bills,. Then when the bills.
are all paid the final five percent of the. 'charge: can be releas:ed..
There was five percent retained which. amounts: to $6', 000..----.a little bit
over . Once the Town Board has established that the contractor pays.
all the bills, then this money can be released.
8 . & 11 . Practically the .same thing. I am going to treat them
as one and the same . Was a petition and a letter served to the. .Town
Board, with the Town Board, about a kennel up in the Cutchogue area
of barking dogs, making excessive noise . This- will be turned over to
the police department .
9 . Request from the Southold Archaeological Association . Every, year.
the Town has given them $500 for their budget. They are-:requesting
that the Town consider a little increase for 1981 budget. The
cost of operation, fuel and everything else has gone up and they
would like to see a slight increase in this to help off-fray their
AUGUST 12, 1980
expenses. We have been getting many of these requests. All the
expenses go up and the Town Board is trying -to hold the tax rate
down.
10 : A letter from a resident in Mattituck ,(Jeanne L. Duffy)
referring to certain zoning code violations. This has been turned
over to the Building Department for investigation .
12 . Letter to the Town and myself in reference to Goldsmith 's
Inlet . Ifi February of this past year the Town Board, :Town Attorney
met with the County Exec . , County Attorney in reference to the erosion
problems we are having along the -Sound in the area of Goldsmiths.
Inlet . The County agreed to make a study of the problem. Somewhere
along the line between February and now it has not been done . `We
have .telepho.ne called the office many times to see when it would be ---
the study would be made . Now it ' s under pressure from the attorney
general ' s office of New York State to have -this study 'made. We
telephone called and telephone called and we get everything back
in a couple of weeks, in a couple' of weeks . We finally wrote another
letter to our County Exec. We got another letter back saying it is
in the works in another couple of weeks . The contracts for the study
should be let . Then the study will begin .
13 . Letter from East Hampton Councilwoman Mary Ella Richard.
Basically .the letter is saying what the ,East Hampton Town Board is
doing to protest LILCO's rate increase, present rate increase. The
basic line of the letter was, would Southold Town be willing to
participate in financial support so that they could perhaps hire a
lawyer, intervenor, to sit in on the hearings and them? The hearings
are planned for October. Our Town Board today, the first question
asked, what extebt, what financial consideration support they are
looking for? We will go back to them and ask them for some dollars
and cents figures .. If just to say, yes, we would be willing to give
you a blank check is not the, way the Town Board operates . We want
to .know approximately what the cost would� be and not to exceed. So
we will look into that . ,
14.. Letter from Suffolk County Commissioner of Health, Dr .
Harris, saying that' he received a. $76, 000 grant, approximately, and
he will be able to provide health visits to 3500 homes -- more homes
this year .
15 . Letter from our Legislator, Gregory Blass telling us what
hi-s efforts are in and asking us. for our viewpoints on several of
the points . One of the things he 's working on is the chargeback
system where the Town can work - the chargeback to the county . on
different services that the town 's do use or does not use that we
are charged for from the county. Also, on the last paragraph -of
this, I would like to read the highlights of it , it was brought up
in the Board today and it fits me to a "t" -perhaps . The Suffolk
County Department of Ecomonic Development are looking into the
areas of farming and mariculture. 'Of perhaps setting up a fish
processing plant in the area of Montauk or Greenport in the east
end towns .. This is prepared by Mr . Blass . The first I heard of
it . In case anybody is wondering why they chose Montauk or Greenport,
I have an operation in both places . So don 't think I planned, it .
I do have a plant in Montauk Point as well as Greenport and I am
in the seafood business. I want to thank Mr . Blass for his efforts .
16 . Letter on noise complaint (from Mechthild Burkhardt ) . We
have been receiving quite a few of these recently over the last
month:. The Board is looking into various ways of trying to curtail
some of the noise. if I can ad lib on this for just a minute . Last
time the Town Board met many of you were here, there was a• group of
people from the New- Suffolk area here complaining about the noise -
down in New Suffolk. I told the people that night the Town Board
would look into it . The next day we had the lieutenant from our
police department in, the chief ,was off on vacation. We explained
to the lieutenant the noise that was being made, the complaints that
we had. He did speak with the establishment that was making the
noise . It was complained about Saturday night noise. Sunday
morning the lieutenant after speaking to the gentleman who owns
the place, the lieutenant called up the gentleman or some of the
people who were here that night- before complaining about the noise.
They told him it was might better . They could live with the amount
of noise that was made on that particular Saturday night . Today the
Town Board -- So on the Sunday morning when the lieutenant called me
up and said he spoke to the folks and the noise seemed to quiet,.-,-down,
I said, well , maybe we solved that one. Then today we were at the
Town Board working group, the same people came back in saying the
noise was quiet on Saturday night, but -now it. was going on other
nights during the week.. S'o sometimes. you win one night and lost
another night. The Town Board will be looking into and working on
this complaint along with other complaints.
AUGUST 12, 1980 295 '
17. From the county. e.xec:',s,; o�Y ,ce;,; A m,eetin I; hgd. w%th.
representatives from this office requesting to know wh'at� funds are
available. I singled out problems we are having in the township.
I asked for aid to single out looking for some of these federal
grants . I got a letter back yesterday or the day before, it was
last part of last week, saying there are grants available for such
things as repair to bulkheads, repair to boat ramps, recreational
grants, and they are sending to the Town a package and somebody will
come .out and perhaps explain these grants and how to apply for them.
The bulkhead grant is one I asked specifically on.,- for as many of
you might know or not know, in Mattituck we have 78 feet of bulkhead
that has to be repaired. We are putting ' it out to bid and the bids
will probably come in, and I am going to pick a figure anywheres from
$10, 000. to $15, 000. It will be too late on this one but if federal
funds are available, we have to apply for them, and there aren 't too
many strings attached, in the future the Town has a lot of waterfront
property, perhaps we can seek aid to help maintain them.
18 . From Raymar Enterprises. They are interested in talking
to the Town Board on a long term lease on what is known as Town
Beach, the concession stand at Town Beach. The lease we have there
this .year runs out with the present tenant . 'I will be in contact
with them to see exactly what they have in mind.
19. Letter from the Southold Town District Fire Officers Association
thanking the Town Board for the work on the fire code .
20. Letter from a resident on Fishers Island (Alfred C. Hedge)
with some of the things that are wrong on Fishers Island. As I said
before, the Board will be going on Fishers Island next Wednesday
to hear the Fishers Island residents .
HEARINGS & DECISIONS
SUPERVISOR PELL: We had a hearing last Town Board meeting to update
our traffic regulations in Town. A public hearing was held. The
Town Board has had time to review the minutes and go over this and
I believe the Town Board is ready to act tonight .
Moved by Councilman Drum, seconded by Councilman Murdock,
WHEREAS, a proposed Local Law No . 4 - 1980 was introduced at a
meeting of this Board held on the 8th day of July, 1980, and
WHEREAS, a public hearing was held thereon by -the Board on the
22nd day of July, 1980, at .which time all interested persons were
given an opportunity to be heard thereon,
NOW, THEREFORE, BE IT RESOLVED that Local Law No. 4 - 1980 be
enacted as follows :
LOCAL LAW
NO. 1980
A Local Law to amend Chapter 92 of the Code of the Town of Southold in relation
to traffic regulations.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 92 of the Code of the Town of Southold is hereby amended- as follows:
I. By amending Section 92-30 (Stop Intersections) by adding thereto the following:
Stop Sign On Direction
of Travel At Intersection with Hamlet
Bunny Lane South New Suffolk Avenue New Suffolk
Deep Hole Drive (east) North New Suffolk Avenue Mattituck
Deep Hole Drive (west) North New Suffolk Avenue Mattituck
Fanning Road East New Suffolk Road New Suffolk
George Road. East New Suffolk Road New Suffolk
Gin Lane East Main Bayview Road Southold.
Grathwohl Road East New Suffolk Road New Suffol
Highwood Road East North Bayview Road Southold
Hill Road West Wells Avenue Southold
Jackson Street East First Street New Suffolk
Laurelwood Drive South Peconic Bay Blvd. Laurel
Leeward Drive North Jacobs Lane Southold
Little Peconic Bay Road East '.Wunneweta Road Cutchogue
Mechanic Street South East Youngs Avenue ' Southold
Midwood Road West West Creek. Avenue Cutchogue
New Suffolk Avenue East Fifth Street New Suffolk
New Suffolk Avenue West . Fifth Street New Suffolk .
North Street North Schoolhouse Road Cutchogue
Oak Road East New Suffolk Road New Suffolk
Old Pasture Road East Pequash Avenue Cutchogue.
Rambler Road East Main Bayview Road Southold
Skunk Lane ExtensionWest. Nassau Point Road Cutchogue .
Stillwater Avenue West Stillwater and Track Aves. Cutchogue
Sunnyside Road East Hortons. Lane Southold
Topsail Lane East North Bayview Road Southold
Tuthill Road East New Suffolk Road New Suffolk ..
Vanston Road East Nassau Point Road Cutchogue
Victoria Drive West Main'Bayview Road Southold
Wicks Road East New Suffolk Road New Suffolk
II. By amending Section 92-30 (Stop Intersections) by deleting therefrom the
following:
Direction
Stop Sig.r� On of Travel 'At Intersection with Hamlet
Airway Drive North New Suffolk Avenue Mattituck
D�pHole Drive North New Suffolk Avenue Cutchogue
III. By amending Section 92=30 (Stop Intersections) in relation to Mary's Road.
at its intersection with Wickham Avenue in the Hamlet of.Mattituck, by deleting the
word."South" and substituting in place thereof the word "North".
IV. By amending Section 92-32 (Yield Intersections) by adding thereto the
following:
Direction
Yield Sign On of Travel At Intersection with Hamlet
Airway Drive North New Suffolk Avenue Mattituck
Bay Haven Lane East. Main Bayview Road _ : Southold
Cedar Road East New Suffolk Road Cutchogue
Colony Road West Bayview Avenue Greenport
Eastwood Drive North Midwood Road ,Cutchogue
Eastwood Drive South Midwood Road Cutchogue
Grathwohl Road New Suffolk
Fanning Road West
Longview Lane East Main Bayview Road Southold
Mill Road West Oregon Road Mattituck
Washington Avenue West Middleton Road Greenport
297
V. By amending Section 92-32 (Yield Intersections) by deleting therefrom the
following:
Direction
Yield Sign on of Travel At Intersection with Hamlet
Midwood Road North Eastwood Road Cutchogue
Midwood.Road South Eastwood Road Cutchogue
Track Avenue North Stillwater Avenue Cutchogue
VI. By amending Section 92-32 (Yield Intersections) in relation to Clearwater
Lane at its intersection with Main Bayview Road in the Hamlet of Southold by deleting
the words "Clearwater Lane" and substituting in place thereof the words "Clearview
Avenue".
VII. By amending Section 92-41 (Parking Prohibited at All Times) by adding
thereto the following:
Name of Street Side Location
Love Lane West In Mattituck, from the north curbline of Pike'
Street, northerly for a distance of 40 feet.
Love Lane East In Mattituck, from the north curbline of New York
Route 25, northerly for a distance of 20 feet.
iove Lane West In Mattituck, from the north curbline of Sound
.Avenue, northerly for a distance of 75 feet.
Pike Street South In Mattituck, from the easterly curbline of
Westphalia Road, easterly for a distance of 12 feet.
VIII, By amending Section 92-41 (Parking Prohibited at all Times) by deleting
therefrom the following:
Name of Street Side Location
Reeve Avenue East In Mattituck, from the southerly curbline of New
York Route 25, southerly for a distance of 500 feet.
IX. By amending Section 92-42 (Parking Prohibited during Certain Hours) by
adding thereto the following:
Between the
me of Street Side Hours of Location
Indian Neck Lane Both 10:00 p.m. to In Peeonic, from the guardrail
7:00 a. m. at the southerly end, northwest-
erly for a distance of 200 feet.
.Reeve Avenue East 4:00 p. m. to In Mattituck, from the southerly
7:00 p. m. Saturdays curbline of New York Route 25
and southerly for a distance of 500
7:00 a.m. to feet.
1:00 p. m. Sundays
Skunk Lane.Extension Both 10:00.P.M. to In Cutchogue, from Peconic Bay
7:00 a. m. westerly for a distance of 150
feet.
29.
X. By amending Section 92-42 (Parking Prohibited during Certain Hours) by
deleting therefrom the following:
Between the
Name of Street Side Hours of Location
Bay Avenue Both 10:00 p. m. to. In Cutchogue, from Peconic Bay
7:00 a. m. westerly for a distance of 150
feet.
XI. By amending Section 92-43 (Parking for Limited Time Only) by adding
thereto the following:
Between the Time
Name of Street Side Hours of Limits Location
Duck Pond Road Both 7;00 a. m. and 2 Hours In Cutchogue, from the
10:00 P. M. guardrail at the northerly
terminus, southerly for a
distance of 400 feet..
Love Lane East 8:00 a. m. and 5 Minutes. In Mattituck, for a distan
6:00 p. m. except of 48 feet northerly com-
Sundays mencing from a point 136
feet north of the northerl,
curbline of New York
Route 25.
Skunk Lane Extension Both 7:00 a. m. to 2 Hours . `-;;. In Cutchogue, from Peco:
10:00 P.M. Bay westerly for a d' In
of.150.feet.
XII. By amending Chapter 92, Article IV by adding a new Section thereto, to
be Section 92-44 to read as follows:
Section 92-44. Stopping prohibited at all times.
The stopping of vehicles is hereby prohibited at all times in any of the follow-
ing locations.
Name of Street Side Location
Love Lane East In Mattituck, from the north curbline of Pike Street,
northerly for a distance of 20 feet.
Love Lane Both In Mattituck, from the south curbline of Pike Street,
southerly for a distance of 16 feet.
Pike Street Both In Mattituck, from the east curbline of_Love Lane,
easterly for a distance of 16 feet.
Pike Street South In Matt ituck from the west turbine of Love Lane
westerly for a distance of 18 feet.
XIII. By amending Chapter 92, Article IV by adding a new Section thereto, to
be Section 92-45 to read as follows:
Section 92-45. Parking prohibited at all times - Fire Lanes
The parking of vehicles is hereby prohibited at all times in the following fire
lane locations:
AUGUST 12, 1980
29 '
-
At the shopping center located on the north side of New York Route 25,
approximately 1400 feet west of Cox Lane in the Hamlet of Cutchogue, commonly known
as the Key Food shopping center, such Fire Lane to be 30 feet in width from the southerly
sidewalk curbline on the south side (front) of the building, and extending for the entire
length of the store building.
XIV. This Local Law shall take effect immediately.
Vote of ,the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman' Drum, Supervisor Pell .
RESOLUTIONS
SUPERVISOR PELL: The Town Board, a few months ago, took from the
County police 'list an .officer . to be hired and become one -of our
patrolmen. At that time he hired Alfred Falkowski a- Peconic resident.
He attended the police academy of about 50 people. ., He graduatedc;.last
week number three in his -class . We are very proud of this man, this
officer . At the time we hired him we set his pay. at $7, 000 while he. ' .
was attending the academy.. At the end of six months period we told
him prior to six months we would review his salary. We have;.:and at
this time we would like: to 'recommend his salary to be changed e-fectiwe
September 28th'..which will be his 'six months with the. Town . To' go. from .
$12, 000 ---to $12, 000 from $7; 000 to '$12, 000 for the remaining::.of his .
first year on the force . I will offer that as a resolution.
.COUNCILMAN DRUM: That will be on an annual basis?
.SUPERVISOR PELL: On an annual basis .
1.On motion of Supervisor Pell, seconded .by Councilman Nickles, it was
RESOLVED that the salary of Police Officer Alfred Falkowski, Jr. be
and hereby is increased from $7,.000 per annum to $12,'000 per annuml
.and
September 28, 1980'.
Vote of the Town board: Ayes : Councilman Rullivan, Councilman
Murdock, Councilman Nickles , .Councilman Drum', Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: For information sake, . the police force -is still '
at the.- same strength it was last year. As you recall we had one man. .
retire and this is replacing the man that retired, Sergeant Detective
Sawicki retired and we are .replacing. him.
2 . On motion -of Councilman Murdock, 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 that the ..Southold Town Board, as lead agency for the
action described below, . has determined that the project will not have
a significant effect. on the environment .
Description of Action :
Application of John. J. Miesner .for a change of zone from "A"
Residential and Agricultural District to "B-1" General Business
District on certain property located on the westerly side of
Cox 's Lane, Cutchogue, New York.
The proposal has been determined not to have significant
effect on the environment for the following reason:
An environmental assessment has been submitted which. indicated
that no significant adverse effects to the environment are likely
to occur should the project be implemented as planned.
Vote of the Town Board : Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution .was declared duly adopted.
3. On motion of Supervisor Pell, seconded by Councilman Nickles, it was
(a) RESOLVED:.that purusant to article 8 of the Environmental Conservation
Law State Environmental Quality Review and 6NYCCR part 617, Section
617. 10 anc Chapter 44 of the Code of the Town of Southold, notice is
hereby given that the Southold Town Board, as lead agency for the
action described below, has determined that the project will not have
a significant effect on the environment .
C%r% AUGUST 12 , 1980
Description of Action :
Application of Joseph L. Townsend, Jr. for a wetland permit .
Permission is requested to construct a walkway across the wetlands
at his property on the north side Main Road, adjacent to Dam Pond
Bridge, East Marion, New York.
The proposal has been determined not to have a significant
effect on the- environment for the following reason :
An environmental assessment has been submitted which indicated
that no significant adverse effects to the environment are likely
to occur should the project be implemented as planned.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
3. On motion of Councilman NIckles, seconded by Councilman Murdock, it was
(b) RESOLVED that the Town Board of the Town of Southold set 3 :45 P.M. ,
Tuesday, August 26, P80, Southold Town Hall , Main Road, Southold,
New York as time and place for hearing upon application of Joseph L.
Townsend, Jr . for a permit under the provisions of the Wetland
Ordinance of the Town of Southold for permission to construct a
walkway across the wetlands at his property on the north side of
Main Road, adjacent to Dam Pond Bridge, East Marion, New York.
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock, Councilman NIckles , Councilman Drum, Superivsor Pell .
This resolution was declared duly adopted.
4 . On motion of Councilman Drum, seconded by Councilman Sullivan, it was
RESOLVED that the application ofrJohn C. Tuthill, dated July 18, 1980,
for a trailer renewal permit on property of the applicant located at
the east side of Elijah' s Lane, Mattituck, New York be and hereby is
granted for a six month period.
Vote of theTown Board: Ayes : Councilman Sullivan , Councilman
Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 5 is not ready to be acted upon yet . We still
need one more report to correin so we are going to table that until
the next meeting or we get the next report in. -(Dedication of Grange
Road Extension, Southold) .
SUPERVISOR PELL: Number 6 is an area in Town, in Mattituck; and I will
ask Councilman Drum- to sort of explain and tell what it is all about ..
COUNCILMAN DRUM: Thorton Smith has requested that the developed
parcel of land approximately 80 acres, I' believe "t is, be 'de eloped
into the cluster concept . Several of the members- of th.e Town' Board --_-
members of the Town Board have gone up and inspected it and I' will
offer the following resolution:
6 . On motion of Councilman Drum, seconded by Councilman Murdock, i.t was,
RESOLVED that the Town Board of the Town of Southold has- ins:pect:ed
the property of Thorton Smith located on the north. s,-i.de:,of Route 27A,
Mattituck, NewYork, containing 802 acres more or less, bounded north..
by Treiman, Wierbicki and Chudiak; east by Chuediak and Hallock Estate
south by Sound Avenue (Route 27A) , west by .Bergen Avenue, and
approves said property as being developed in the cluster concept.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Drum, Supervisor Pell . Abstain: Councilman
Nickles .
This resolution was declared duly adopted.
(SEE PAGE 371 FOR LEGAL DESCRIPTION OF PROPERTY)
COUNCILMAN NICKLES : I ' d just like to point out that I abstained
because I did not have an opportunity to inspect the property
SUPERVISOR PELL: The property we are talking about is on the: back.
road in Mattituck. You go down and go up that little Hi.l.l, .Strawberry
Farms are on the south as you go upon that corner piece right on
Bergen Avenue, I believe it is.,
COUNCILMAN DRUM: Corner of Bergen Avenue and 27A.
SUPERVISOR PELL: Eighty acres in there..
COUNCILMAN DRUM: Cluster zoning does not add .to .the. den0i.ty., .t Jus-t. .
means there will be more open space and the homes will. be clustered.
AUGUST 12, 1980 .301
SUPRVISOR PELL: Number 7 is a trip for the Southold_Peconic Senior
Club. .
7. On motion of Councilman Sullivan, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold grants permission
to the Seniors Club of Southold-Peconic, Inc. to hire one Savin Bus
at a cost of $78 . 75 to transport their group to Mystic Seaport , Mystic,
Connecticut on September 18, 1980.
Vote of the' Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
SUPERIVSOR PELL: Number 8 is a transfer of funds for. the Fishers
Island Ferry District . Transfer of $17.69 from the New York State
Retirement to Bonded Indebtedness of the Ferry District . I ' ll offer
that .
8 . On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that the Town Board of the Town of Southold approves the
transfer of $17 . 69 from the New York State Retirement to Bonded
Indebtedness (Ferry) in the Fishers Island Ferry District budget .
Vote of the Town Board: Councilman Sullivan, Councilman
Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: , Number 9, I will ask the Town Clerk to explain
this to you a little bit and then the Board will act upon it .
TOWN CLERK TERRY: In accordance with the regulations of the New
York State Department of Education, State Archives the Town, by
adopting a resolution authorizing the disposition of records
retention, can then dispose of certain records that the Town has
in storage that are no value to us at any time . Id doesn 't mean
we are going to start cleaning house right away, if there were
certain records, such as old dog licenses from twenty years ago, or
conservation licenses which are certainly out of date we then could
dispose of them by having this resolution on the record.
9.On motion of Councilman Murdock, seconded by Councilman Drum, it was
RESOLVED by the Town Board of the Town of Southold that Records
Retention and Disposition Schedule No . 19-TC-1 issued pursuant
to Part 185, Title 8 of the Official Compilation of Codes, Rules ,
and Regulations of the State of New York and containing minimum
legal retention periods for town records, is hereby adopted for
use by the Town Clerk of this town;
FURTHER RESOLVED that this Board hereby authorizes the disposition
of records in accordance .with the minimum legal retnetion period
set forth in Records Retention and Disposition Schedule No. 19-TC-1;
AND FURTHER RESOLVED that the Town Clerk be, and hereby is, directed
to furnish a certfied,_copy of this Resolution to the Commissioner
od Education.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
10 .On motion of Councilman Drum, seconded by Councilman Nickles, it was
RESOLVED that the application of Florence Steiner, dated 'July 18, 1980,
for the renewal of her trailer permit for the location of a single
house trailer on right-of-way off the southeast side of Main Road,
Mattituck, New Yo±k be and hereby is granted for a six month period.
Vote- of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
11 . On motion of Councilman Nickles, seconded by Councilman Sullivan, it was
RESOLVED that the Town Board of the Town of Southold approves the
transfer of $11, 758 . 23 from General Fund Whole Town A3510. 1 Control
of Animals, Personal Services-$7, 567. 98; A3510.4 Control of Animals
Equipment-$500. 00; A1990.4 Contingent-$3, 700 . 25 to A3510.4 Control
of Animals , Contractual Expenses .
COUNCILMAN NICKLES : The purpose of this as we mentioned earlier,
we 've contracted out our dog services to the North Fork Animal
Welfare League and we have to transfer certain funds in a different
line item to cover our contractual agreements with them. We pay
3.0 2 AUGUST 12, 1980
them once a month for their services and that ' s merely what this
is, we are transferring funds from one line item to another line
item.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman NIckles , Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 12 is from Congressman Carney ' s Office
regarding a piece of land on Fishers Island that they are considering
and we have decided to not act upon this tonight and wait until we
go to Fishers Island next week and have the input from the local
residents there . So we are waiting until next week to act on that one .
Number 13 we have crossed off the agenda. Gull Pond is an open
park so if the women want to go down there and have a picnic that ' s
what it ' s there for , to be used.
Number 14.is again an application for a new trailer permit . This
is not a renewal , this is a new one. The Town Board has discussed
it at great length today and the Town Board is ready to act upon it
at this time .
14 .On motion of Councilman Nickles, seconded by Councilman Drum, it was
RESOLVED that the application of James P. Lessard dated August 5,
1980 for the location of a single house trailer at 1800 Westphalia
Road, Mattituck, New York be and hereby is disapproved.
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .,
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 15, the Board has received a letter from
Mr . Tuthill (Terry R. ) . We have a few things we would like to ask
him. We are not going to act upon it at this meeting. We are
instructed by the Board to contact him and find our a little bit
about it . This fellow is planning to move away sometime in the fall;.
so we will probably act upon that at the next Board meeting after I
get a chance to talk to him.
Number 16 is a request from the Greenport Women' s Softball
League to help defray some of their expenses . As you know the
Town Board does allocate monies for soccer, little league and
whatever comes along we try to help out the best the Town financially
can to support these various programs . The Town did go over the
budget today and we do find we have $250 .00 that we can help the
Greenport Women ' s Softball League out with defraying some of their
bills and at this time I will offer a resolution to support the
Greenport Women ' s Softball League and pay a portion of their bills
not to exceed $250. 00
16 . On motion of Supervisor Pell , seconded by Councilman Nickles, it was
RESOLVED that-the Town Board of the Town of Southold will pay a
portion of the bills of the Greenport Women ' s Softball League up
to the amount of $250 . 00
Vote of the Town Board: Ayes : - Councilman Sullivan, Councilman
Murdock, Councilman NIckles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 17 . The people who were here last week,
last time the Town Board met , the Hospital was here asking for
a resolution from the Board to support a program they are going
into and at this time I will ask Councilman Murdock to give the
Board's decision.
17 . Moved by Councilman Murdock, seconded by Councilman Drum,
WHEREAS, Eastern Long Island Hospital has called upon this Board
for support of its current efforts to study and obtain funding
for a psychiatric, alcohol, and drug related program, and
WHEREAS, this Board has listened to a public presentation of this
program by the Hospital and has noted the endorsement thereof by
County Legislator Gregory Blass, and
WHEREAS, the continued viability of the ' Hospital within the
Town is of concern to this Board, and one aspect of the proposed
program is to further strengthen the financial condition of the
Hospital .
NOW, THEREFORE, BE IT RESOLVED that this Board does hereby endorse
the study undertaken by the Eastern Long Island Hospital to expand
its treatment facilities to include a psychiatric, alcohol , and drug
AUGUST 12 , 1980 30 3
program, and calls upon all appropriate agencies to support the same .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 18 was put on the agenda twice . We are
giving twice to the same outfit . You can cross that one off . Moving
on to number 19, transfer of funds .
19. On motion of Councilman Sullivan, seconded by Councilman Nickles, it was
RESOLVED that the Town Board of the Town of Southold transfer the
sum of $221. 92 from General Fund Whole Town Contingent A1910.4 to
Programs for the Aging A6772 .
Voteof the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
COUNCILMAN SULLIVAN: This is money that we have to advance and
. - then will' eventually be reimbursed by Suffolk County.
On motion of Councilman NIckles , seconded by Councilman Murdock, it was
RESOLVED that the Town Board of the Town of Southold will hold a
public hearing at the Southold Town Hall, Main Road, Southold, New
York on the 26th day of August , 1980 at- 3 : 50 P.M. , at which time
and place all interested persons will be given an opportunity to be
heard upon the following matter: "A Local- Law to Provide for the
Removal. or Repair of Unsafe Buildings and Collapsed Structures" .
which reads as follows :
BE IT ENACTED by the Town Board of the Town of Southold as follows :
The code of the Town of Southold is hereby amended by adding a new
Chapter thereto, to be Chapter 90, to read as follows :
Sec. 90-1 Title .
This chapter shall be known as the "Unsafe Buildings and Collapsed
Structures Law of the Town of Southold" .
Sec. 90-2 Purpose
The purpose of this chapter is to promote the public health, safety
and general welfare of the residents of the Town of Southold and the
conservation of property and property values and to eliminate safety
and health hazards .
90-3 Unsafe buildings prohibited.
All buildings or structures which are structurally unsafe; dangerous,
unsahitar.ylor not provided with adequate.,egress or which in relation to
existing use constitute a hazard to safety or health by reason of
inadequate maintenance, dilapidation, obsolescence or abandonment are,
severally, for the puupose of this chapter, unsafe buildings. All such
,buildings and structures are hereby declared to be illegal and are
Prohi.bi'ted and shall be abated by repair and rehabilitation or by
demolition and removal in accordance with the procedures of this chapter .
Sec. 90-4 . inspection and report
When in the opinion of the Building inspector, any structure located
in the town shall be deemed to be unsafe or dangerous to the public, he
shall make a formal inspection thereof and thereafter prepare a written
report thereof and file the same in his office.
Sec. 90-5 . Service of Notice.
A. When i.t shall bedetermined by the Building inspector that a
structure is dangerous or unsafe to the public, he shall
promptly serve of cause to be served a notice on the owner or
other persons having an interest in such property or structure
as hereinafter provided.
B. The aforementioned notice shall be served on the owner of the
premises or some one of the owner 's executor ' s legal representa-
tives, agents, lessees or other person having a vested or
contingent interest in same, aw shown by the last completed
assessment roll of the town, either personally or by
registered mail , addressed to the person intended to be served
at the last known place of business . If the notice is served by
registered mail , the Building Inspector shall cause a copy of
such notice to be posted on the premises .
.. AUGUST 12, 1980
Sec. 90-6. Contents of notice.
The notice referred to in Sec .90-5 hereof shall contain the
following:
A. Description of the premises .
B. A statement of the particulars in which the builidng or structure
is unsafe or dangerous .
C. An order requiring the building or structure to be made safe and
secure or removed.
D. A statement that the securing or:r°removal of the building or
structure shall commence within ten (10) days from the date of the
service of the notice and shall be completed within thirty , (3) days
thereafter. The Building Inspector may extend the time of compliance
specified in the notice where there is evidence of intent to comply
within the time specified and conditions exist which prevent
immediate compliance. In granting any such extension of time,
the Building Inspector may impose such conditions as he may deem
appropriate .
E. A statement that in the event of the neglect or refusla of the
person served with notice to comply with same, that a hearing will
be held before the Southold Town Board, notice of which and the
time and place thereof to be specified in the notice to the owner
referred to in Sec. 90-5 hereof .
F. A statement that in the event that the Town Board, after the
hearing specified in Sec. 90-6E hereof , shall determine that the build-
ing or structure is unsafe or dangerous to the public, that the Town_ .
Board may order the builidng or structure to be repaired and secured
or taken down and removed.
G. A statement that in the event that the building or structure
shall be determined by the town to be unsafe or dangerous, and in
the event of the neglect or refusal of the owner to repair or remove
the same within the time provided, the town may
remove such building or structure by whatever means it deems appropriate
and assess all costs and expenses incurred by the town in connection
with the proceedings to remove or secure, including the cost. of actually
removing said building or structure, against the land on which said
buildings or structures are located.
Sec. 90-7. Filing of copy of notice.
A copy of the notice referred to in Sec. 90-6 . hereof may be
filed in the county clerk of the county within which such building
or structure is located, which notice shall be filed by such clerk
in the same manner as a notice or pendency pursuant to Article 65
of the Civil Practice Law and Rules, and shall have the same effect
as a notice of pendence as therein provided, except as otherwise
hereinafter provided in this paragraph. A notice so filed shall be
effective for a period of one year from the date of filing, provided,
however, that it may be vacated upon the order of the judge or justice
of a court of record or upon the consent of the town attorney. The
clerk of the county where such notice is .filed shall mark such notice
and any record or docket thereof as cancelled of record upon the
presentation and filing of such consent or of a certified copy of
such order .
Sec. 90-8 . Emergency measures to vacate .
If the Building Inspector determines in his inspection of any
building or structure that there is actual and immediate danger or
failure or collapse so as to endanger life, he shall promptly require
the building, structure or portion thereof to be vacated forthwith and
not to be reoccupied until the specified repairs are completed,
inspected and approved by the Building Inspector. For this purpose he
may enter such building or structure or land on which. it stands or
adjoining land or structures with such assistance and at such cost
as may be necessary. He may also order adjacent structures to be
vacated and protect the public by appropriate barricades or such
other means as may be necessary for this purpose may close a private
or public right-of-way. The Building Inspector shall cause to be
posted at each entrance to such building or structure a notice stating,
" 'his building is unsafe and its use or occupancy has been prohibited
by the Building Inspector" . Such notice shall remain posted until the
required repairs are made .or demolition is completed. It shall be un
lawful for any person, firm or corporation or their agents or other
persons to remove such notice without written permission of the
Building Inspector or for any person to enter the building except for
the purpose of making the required repairs or the demoliton thereof .
AUGUST 12, 1980 305
Sec. 90-9 Costs and expenses.
All costs and expenses incurred by the Town of Southold in
connection with any proceeding or any work done to remove. the danger,
or in connection with the demolition and removal of any such building
or structure shall be assessed against the land on which such building
or structure is located, and a statement of such expenses. shall be
presented to the owner of the property, or if the owner cannot. be
ascertained or located, then such statement shall be posted in a
conspicious place on the premises. Such assessment shall be and
constitute a lien upon such land. If the owner shall fail to pay
such expenses within ten days after the statement is"presented or
posted, a legal action may be brought to .collect such assessment or
to foreclose such lien . As an alternative to the maintenance of any such
action, the Building Inspector may file a certificate of actual expenses
incurred as aforesaid, together with a statement identifying the property
in connection with which all expenses were incurred, and the owner
therefo, with the assessors, who shall in the preparation of the next
assessment roll, assess such amount upon such property. Such amount
shall be included in the levy against such property, shall consititute
a lien and shall be collected and enforced in the same manner,by the
same proceedings, at the same time, and under the same penalities as
is provided by law for the collection and enforcement of real property
taxes in the Town of Southold.
Sec. 90-10 Penalties for offenses .
A. Any person who neglects, refuses or fails to comply with any order
or notice issued hereunder shall be guilty of an offense punishable
by a fine not to exceed tv�o hundred fifty dollars ($250. ) , or by
imprisonment for a term not to exceed fifteen (15) days, or both
such fine and imprisonment . Each week' s continued violation shall
constitute a separate additional offense or violation .
B. Nothing in this chapter shall be construed as depriving the
town of any other available remedy relevant 'to a violation of
this chapter .
Sec. 90-11. Severability .
The invalidity of any section, subsection or provision of this
chapter:: shall not invalidate any other section, subsection or
provision thereof .
Sec . 90-12 When effective
This chapter shall take effect immediately.
Vote of the Town Board: ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 21 the Board' s not ready to act upon this
quite yet , we want to check the budget items out on this . I will
tell you a little bit about it . Our Historian of the Town, Mrs .
Goodrich request funds to go up to a meeting of Historians throughout
the state in Rochester, New York. We have to check the budget to see
exactly how much we have in that account and how much the trip is
going to cost . We will act upon that next time, but I would like
to report to you this time that last Saturday night Mrs . Goodrich
went to a dinner where they gave a county award for different papers
presented and what not . Low and behold, out of the county award
after they come to one, two, three and all that , they made a state
award and she received the state award for a paper she performed
on the history of Southold Town . It will be, I believe it will be
in the local press this week. We are very proud of this job this
woman is doing and when I think if you ever have time to come up
to Town Hall , she gets $2700 a year for the work she does . She 's
here probably double the time she should be. . She likes her work.
If you ever want to talk history of Southold Town, go in and see
her. She has the facts, figures, the names. - I know I use her
a lot , expecially when I have to go off, somebody says come off and
would you talk here or there. I. go down to see her, give me some
,facts sbout where ever the area I have to go . I think if you ever
just take your time to go. to her one day you will be impressed
upon her knowledge and what she has put together . She 's been with
30 ' AUGUST 12, 1980
the Town about five years now on a part time basis and it 's really
interesting to talk to her .
Number 22 the Board discussed this today and ruled we do not
need a resolution on this and has instructed me to contact the
folks, find out a little more about it . Right now with information
the Board has we are taking a negative viewpoint on this request .
Numebr 23, the Fire Chief ' s of Southold Town goes to Fishers
Island once a year and it costs the Town-- it costs them money to
go and they are kind of looking for the Town to pay the expenses,
the Town Board to pay the expenses : The Town Board instructed me
to invite the Fire Chiefs to go next year on the boat when the Town
Board goes to Fishers Island and perhaps they could save a little
bit of money there and they could go with us . The answer to them
for funds-- they already went and they are looking for us perhaps to
help them out-- the answer is no . The Town Board does not have the
funds available to pay for something that was already done, but we
do suggest they attend Town Board next year .
Number 24, transfer of funds again in the Town which is self-
explanatory.
24 . On motion of Councilman NIckles, seconded by Councilman Mutdock, it was
RESOLVED that the Town Board of the Town of Southold approves the
transfer of $190. 75 from General Fund Part Town Contingent B1990.4
to Workmen' s Compensation B9040.8 .
Vote of the Town Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
SUPERVISOR PELL: Number 25 resolution. The Mattituck Park District
wishes to buy a piece of land..'. The way it is set up, the Town Board
has to go out to bond for this representing the park district . This .
morning Attorney Wickham came to the Town Board, discussed it with
them and I 'm going to ask Mrs. Wickham if she would sort of explain
to you people so you will understand how it works and why it works
this way. Counselor .
ABIGAIL WICKHAM, ATTORNEY: The park district is acquiring a piece
of property of six acres on Aldrich Lane in Laurel . The part of .
the purchase price we would like to finance by the issuance of serial
bonds to the extent of $15, 000. The park district does not have -the
power under State Law to issue those bonds itself . . We have to use
the Toen vehicle. The TownF:'.Board has, therefore, been asked to pass
a bond resolution The park district will then advertise for bidding
on the bond and upon issuance of the bond funds will be raised through
Town tax levy but through the actual Mattituck Park resident ' s levy .
This is not something that the residents of Southold Town in general
are paying for, only the Mattituck Park District residents . We plan
to retire the bonds over a period of three years . Probably $5, 000.
per year . Is there anything else that you would like me to explain?
SUPERVISOR PELL: Bob, anything you want to ask?
TOWN ATTORNEY TASKER: No, nothing. Basically what this is is that
under the special act which created the Mattituck Park District it
provides for the Town to sell the bonds and to pledge the Town' s
faith and credit behind the bonds . The repayment of the bonds will
actually be paid back, paid off by the Mattituck Park District by
levy of taxes within the park district . We just sell the bonds for
them and pledge the faith and credit of the Town on the bonds because
it makes them more marketable if we pledge all faith and credit rather
than just the park district . I don ' t think there will be any default
which will result in the taxpayers of the Town of Southold generally
having to pay these bonds off .
MS . WICKHAM; There never had been in the past .
TOWN ATTORNEY TASKER: Hasn 't been in fifty years .
SUPERIVSOR PELL: Th"ank you very much. I will look for a motion
now at this time.
25 . Moved by Councilman Drum, seconded by Councilman Murdock,
BOND RESOLUTION DATED AUGUST 12, 1980
AUGUST 12, 1980
R7;
A RESOLUTION AUTHORIZING THE ISSUANCE OF $15, 000
SERIAL BONDS OF THE TOWN OF SOUTHOLD, SUFFOLK
COUNTY, NEW YORK, TO PAY PART OF THE COST OF THE
ACQUISITION OF CERTAIN' REAL PROPERTY IN AND FOR
THEIMATTITUCK PARK DISTRICT IN SAID TOWN.
WHEREAS, the Board of Park Commissioners of the
Mattituck Park District in the Town of Southold, Suffolk County,
New York, duly adopted a resolution on the 4th day of August, 1980,
authorizing the acquisition of certain real property, as therein
described in and for said Park District, at a maximum estimated
cost , including incidental expenses, of $22, 000, which resolution
requests this Town Board to authorize the issuance of $15, 000 serial
bonds of said Town to pay part of said maximum cost; NOW, THEREFORE
BE IT
RESOLVED, by the Town Board of the Town of Southold, Suffolk
County; Newyork, as follows :
Section 1. For the specific object or purpose of paying part
of the cost of the acquisition of the real property referred to in
the preambles hereof in and for the Mattituck Park District in the
Town of Southold, Suffolk County, New York, there are hereby
authorized to be issued $15, 000 serial bonds of said Town purusant
to the Local Finance Law.
Section 2 . The maximum estimated cost of such specific object
or purpose, including incidental expenses, is $22, 000, and the plan
for the financing of such maximum estimated cost consists of the
issuance and sale of $15, 000 serial bonds of said Town herein
authorized, and the appropriation and expenditure of $5, 00 current
funds of said Town heretofore authorized therefor.
Section 3 . It is hereby determined that the period of probably
usefulness of such object or purpose, pursuant to subdivision 21 od
paragraph a of Section 11 . 00 of the Local Finance Law, is thirty
years, and that the maximum maturity of the bonds herein authorized
will exceed five years .
Section 4 . The faith and credit of the Town of Southold,
Suffolk County, New York, are hereby irrevacably pledged for the
payment of said bonds and the interest thereon . To pay said bonds
and the interest thereon, there shall annually be levied and assessed
against the taxable real property of said Park District , and collected
in the same manner, at the same time, and by the same officers as the
taxes of said Town are levied, assessed. and collected, an amount
sufficient to pay such. principal and interest as the same respectively
become due and payable, but if not paid from such source, all the
taxable real property within the Town will be subject to the levy of
and valorem taxes to pay said bonds and interest thereon without
limitation as to rate or amount.
Section 5 . Subject to the provisions of the Local Finance
Law, the power to authorize tge issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal officer .
Such notes shall be of such. terms, form and contents, and shall be
sold in such manner, as may be prescribed by said Supervisor, consistent
with the provisions of the Local Finance Law.
Section 6 . The validity of such bonds and bond anticipation
notes may be constested only if :
(1) Such obligations are authorized for an object or purpose
for which said Town of Southold is not authorized to
expend money, or
(2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
(3) Such obligations are authorized in violation of the
provisions of the Constitution .
Section 7 . This resolution, which takes effect immediately,
shall be published in full in the Long Island Traveler-Mattituck
Watchman, a newspaper published at Southold, in the Town of Southold,
New York, and in the Suffolk Times , published at Greenport , Town of
Southold, New York, both papers having a general circulation within
the Town of Southold, together with a notice of the Town Clerk in
substantially the form provided in. Section 81. 00 of the Local
Finance Law.
Vote of the Town Board: Ayes: Coucnilman Sullivan, Councilman
Murdock, Councilman Nickles , Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
26 . On motion of Councilman Murdock, seconded by Councilman Nickles,- it was
RESOLVED that th.e. Town Clerk, of. the Town of. Southold be authorized
to advertise for bids `for the_ _following . ._ One (T) Dodge: 3/4 ton
pick-up (or equal) , with. trade-in of one (1)' 1975 Dodge pick-up,
for the Southold Town Highway Department .
Vote of the Town Board: Ayes: Councilman Sullivan, Councilman
Murdock., Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly- adopted.
SUPERVISQR PELL: Number 27 you people do not have on., but it is
for a trailer renewal in. Matti:tuck. for Martin` Si,dor, I will offer
that .
On motion of Supervisor Pell, seconded by Councilman Drum, it was
RESOLVED that the application of Martin Si,dor, dated July 18, 1980,
for the, renewal of his trailer permit on the 'south 'side of Oregon
Road,Matti.tuck., New York, for housing of trainees under the National
4-H Agricultural Program, be and hereby_ is granted for a .six month.
period.
Vote of the Town Board: Ayes; Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell ,
This resolution was declared duly adopted.
SUPERVISOR PELL: The trailer is to house 4-H: A.gricultural students
in a program that he is involved with. He got involved with it
last year- and he is involved with. working with. the 4-H again this
year.
That winds up the prepared aganda. I will ask the Councilmen
at this time, do they have anything they wish. to add. Larry?
Hank? George? (no response . )
I: see people here who have called me during the week or stopped .
me in the last two weeks. I know you have questions you would like
to address to the Town Board.. The floor i.s: yours-. I' will ask you
to use the microphone and state your name so the tape can pick it up
and the Town Clerk can keep it on record. Who wishes to address the
Town Board first?
MARGARET A.SHTON, Mattit.uck.: I_ was scheduled to speak at. the workshop
this afternoon but had to be. cancelled because of others scheduled.
SUPERVISOR PELL: We did cross people off today, yes.
MRS . ASHTON: I't has been .very disappointing to not have it put tof,
a vote to pass a home rule message to Albany- for the Human Llfe
Amendment, but as I understand from you,Mr . Pell, you lack information,
so I spent the last three weeks trying to accumulate enough information
so you will get the full picture. As I stated very simply five weeks
ago, this should be just simply an opportunity to have the pro-life
view point discussed, put .into the form oa a Human Life Amendment , then
rbought back to the states to debate and decide and vote one way: or
another . Right now it shouldn 't be a matter right now but the pro-
abortionists want a debate. Fro years the pro-abortionists and pro-
lifers have existed side by side . They didn ' t hold these titles
because they didn' t really exist in any tangible way but .they lived
by their diverse philosophies without the termoil today. Abortions:
were performed in thi.s country prior to legalization and not by back.
alley abortionists as you would be led to believe . Eight to ninety.
percent of all abortions in this .country, what where illegal, were
performed by doctors. Many of the same who now- perform them legally.
It was done in the doctor 's offics only different terms: were used to
publish the work abortion. The ten to twnety percent of illegal
abortions that. ex ,sted when it was illegal, still exist today under
legalized abortion. In fact , it is believed it is on the increase,
and that ' s simply humna nature . It ' s-. lower in cost for the person
to remain anonymous and there is no 'wred tape . So that has prompted
the creation of a pro-life. movement is because of pro-abortionists
are a very totalistic movement and they want a total control . I
call the program totali.sti.c and deceitful because by their own
admission, which I 'll go into and explain, they have said they have
to be deccitful because they are establishing a whole new morality
in this country. The pro-abortion movement, you have to understand
its history. It began with the study of eugenic- whch° was establ .sh.ed
in England; meaninf of good race. What was simply a study- of
heredity is now the science of improving the human race by careful
selection of parentsi in order to develop healthier, more intelligent
and better children. This whole study of eugenics is based on theory
AUGUST 12, 1980 ,0.
and this is what pro-Life objects -to . , . It ' s enacting theories, not
facts, theories that have never been proven:' There are no available
laws for breeding superior human beingsby selected bredding and
individually acquired characteristics , no matter- how strong, anything
that ' s acquired after birth cannot be transmitted to the sender, and
finally the human soul still holds its own elusive qualities that
seem to be bound by no laws capsble of formulation. The eugenics
movement had its strongest base in the 1920 ' s . Today it was and is
apparent on the population control abortion movement in this country
and it includes Planned Parenthood, Zero Population Growth and the
Population Institute among other groups . These groups we heard at
a meeting five weeks ago . They are attempting, their whole plan,
their whole objective it, for a pure American race. Margaret Sanger
was a very ardent promotor and is-- was the head of the Eugenics
Movement in the United States and Planned Parenthood . In her 1926
address at Vassar College, Mrs . Sanger noted that the recently passed
Immigration Law, the United Stated had taken action to prevent the
deterioration of the quality and populationfrom abroad, but she
complained, we make no attempt to cut down the rapid multiplication
of the unfit , undesirable at home . She also noted, to keep America
really safe for democracy, we should reduce the number of people of
alien or negro stock. Now, in tracing this history of the movement
it should be noted that the basis of Hitler ' s race purification
program was directly patterned on the model sterilization law proposed
by the leaders of the American Eugenic Movement . Although American
abortionists would find the Hitler abortion law restrictive . There
was a speaker at the workshop three weeks ago who stated that Nazi
Germany had no abortion law. She was right in that the master race
was allowed to have abortion, but there was an abortion law. On
July 14, 1933 the law for the prevention of crodgenies with hereditary
diseases was adopted. Hereditary diseases could be included that you
are of the wrong race . Paragraph 14 of the law was the legalization
of abortion and after the war the War Crimes Tribunal indicted ten
Nazi leaders for encouraging and compelling abortions. You can under_
stand from this the mentality of our country, we who are repelled by
abortion also and imposing it upon innocent people . Sterilization,
abortion and finally extermination were common practices among the
non-Arian groups, and I point this out because of that irresponsible
statement three weeks ago in the workshop. In contract to Nazi
Germany -poli.cies it would appear on the surface that American
population controllers: play no favorites. If we were to believe
them., they oppose the increase of any group' s population and I want
to submit, when I: am finished here, a memo written by Frederick S.
Jaffe, Vice-President of Planned Parenthood-World Population on
March. 11th., 1969. The memo speaks for itself , that selective
breeding or building a super race is alive and well in this country.
. It is the basis; of all of this abortion, sterilation, etc. The
militant pro--abortion feminists are merely a diversionary sideshow.
Tn fact , the more intelligent abortionists and/or feminists are
coming to realize that far from a privilege, abortion is really a
crime against women and this is my argument here of why we don ' t
like. any abortion. Doctors in this state have presented a statement
to Albany trying to stop the rampant use of abortion. They have
been backed up by the doctors of Mayo Clinic. Abortion .At best is
a risk. At worst it means death to the person who has an abortion.
Many permanent sterilizations have occured because of abortion . They
have .submitted and I will just simply hold up for you--In early
abortion, suction and D & C are used. This is the list . These are
mainly compiled with lists of what can go wrong by doctors in
emergency rooms:. The doctors in the 'emergency room are the only ones
who see complications from abortions because the people who perform
abortions don ' t do anything. They instruct their patients that if
abything should arise go to your nearest. emergenc- room. No one
has been able to compile the exact extent of the damages. This is
simply with suction, and the suction they use is ten times more
powerful than a vacuum cleaner that you use in your home, so it pulls
out a lot . With, D & C the doctor is working blind in both situations
and knife cuts more than just scraping out the uterus . In a late
abortion the saline system is ueed. This again is very dangerous
to insert any kind of fluid into a human body because the saline
solution can easily go into the rest of the body. Not only do damage
to the body of the baby that is being aborted but damage to the woman
kho is carrying that baby. In a late abortion, a hysterotomy, all
babies are born alive. I don 't have to describe to you what they
have to do to those babies that from seven months on when they are
aborted. They must be left to die. The damage can be done, though,
'• AUGUST 12, 1980
to the women having these abortions . A Caesarean section must be
performed and a lot of times it can spell trouble. Now, this is what
the emergency rooms in our country are seeing, the delayed complications .
I will leave this for anyone to look at (chart ) This is what the
abortionists will not tell you, the damage being done to women, the
crime against women in this country . They can retain tissue. If
that is retained they can go into hemorrhaging and the continued
bleeding can go on . There can be all sorts of inflammatory diseases
from an abortion . Peritonitis can set in. Further surgery is needed
in .these emergency rooms for these women, to repair the damages . Lung
abscesses, that ' s where the saline solution backs up into the woman 's
body, and of course the final note is that death can occur and does
occur because many times these girls do not-- or when they do not
realize what happened to them they get there too late or they are
too embarassed to say they had an abortion, don 't explain ti
i-mediately and they don ' t get the help they need. Then we have
another disaster which is occuring and increasing radiply is the
effects of abortion on future pregnancies . The girl has an abortion
in her teen years, later on she wants ro carry a bably normally. It
is very very difficult . Sterility, first of all, is a big factor .
One abortion, chances of being sterilized are few, it can occur, it
does occur . But when you get in to the second abortion, and especially
the third and there are abortion repeaters, teenagers do not want to
use contraceptives, they do not want to go around and advertise that
they 're on the make, so they resort to an abortion should they become
pregnant -and there are abortion repeaters thinking this is a perfectly
safe procedure, who are sterilizing themselves with two or three
abortions . The others are spontaneous miscarriage . The cervix is
not meant to be stretched, except when it is stretched naturally by
a natural birth and when it is stretched unnatrually it can cause
spontaneous miscarriages later on -- abortions and miscarriages .
Ectopic pregnancy is a;..-.common occurance . Mental retardation. The
body 's system, mainly from that saline solution, if the body's system
has salt injected into it, it reaches the brain cells, it can do
much damage to the mentality of the person having that type of abortion.
If there is a hysterotomy, which is with-..late abortions, there can be
the rupture of the uterine scar . If a girl has had an abortion and
she had the RH factor, she doesn' t alert the doctor that she 's had
an abortion or two abortions, it could be various- trouble for herself
and the baby and the last I mentioned. I 'm mentioning these because
these are the facts that aren ' t being brought to light . If you allow
this to go to Albany and on to a Constitutional Convention call, have
it discussed, people who have not received the benefit of the media
which are plainly ----we are in the midst of the heyday of the abortion
movement, they aren 't receiving coverages, the coverage they should
have . ,For instance the doctors at the Mayo Clinic are trying to warn
this country that we are going to behaving serious problems resulting
from our extnes-ive use of abortion. If you allow- this to be heard at
least , hopefully, some of these viewpoints will come to light to warn
people, It is- not a bid procedure. The New York State Department of
Health. reported in 1972 that more women are dying from legal abortions
than ever dif from illegal procedures. And now we come to the pro-
abortionists infamous- question, when does life begin. This was brought
up at the last workshop. The question may be put in the same categories
as the questions, do you still beat your wife? or do to you politicians,
do you still .accept graft? When does life begin is a trick .q.uestion .
It carries: an unwarranted presumption in human reporduction biological
life does: not begin, it i-s continuous, there is no period where life
stops and later starts up again. Professor Garret Harden, member of
the Department of Biological Sciences of the University of California
in Santa Barbara and a leading abortion activist writes in his book,
Psychology Today, when does life really begin? The true answer is
simple, never . Life ends often but it never begins. It is just passed
on from one cell to another . All biologists are in agreement on that
answer . End of quote. Joshua Lied.erberg, a professor, again in a pro-
aborti.oni.sts ---for life i.s continual . If life had a beginning at all,
i.t was an event that ocurred some three billion years ago. For another
trick. question, when does human life begin? Or when does life become
human? Like life, humanity is continuous . Life arises only from pre-
existing life. It is for this reason that the International Code
of° Medi.cal Ethics states, doctors must always bear in mind the
importance of preserving life from the time 'or conception until death.
Abortion can only be defined as- taking of human life . In an editorial
in the Pro-Abortion Journal, September 1970 this is openly admitted.
The reverance. of each- and every human life has been a keystone of
western medicien and is the ethics which has caused physicians to try
AUGUST 12, 1980
to preserve, protect , repair and prolong and enhance :every: .human-life.
Since the old ethics has not yet been fully displaced, it has been
necessary to separate the idea of abortion from the idea of killing
which continues to be socially abhorrent . The result has been a curious
avoidance of the scientific fact , which everyone really knows . Now,
this has been a pro-abortion magazine explaining why they have to
lie and deceive. Human Life begins at conception and is continuous
whether intra or extra-uterine until death. The very considerable
semantic gymnastics which are required to rationalize abortion is
anything but .taking of a human life would be ludicrous if it were
not for the fact that they have to be put forth under socially
impeccable auspicious . It is suggested that the schizophrenic
sort of subterfuge is . necessary because while a new ethic is being
accepted the old one has not been rejected. So by their own admission
abortionists must be deceitful . They must lie, they must use any means
to justify the end result they propound. They will denounce the use
of the Constitutional Convention call and not tell you they have used
this very method themselves . They will instruct the town governments
that it is not an issue that concerns them, but not tell the same
government that they are busy at work.-moving their abortion clinics
and educational programs into the very towns, hospitals and schools
without the knowledge and consent of the citizens . And I might note
that any parent here with a teenage child, if your child were pregnant
they could go to a guidance teacher, a school nurse, be instructed
how to get to an abortion clinic without the parent 's consent or
knowledge. Yet the same parent would have to sign a release for
those same daughters to have their ears pierced. The daughters could
not have their ears pierced without the parent 's permission. Yet the
parents are held responsible for the moral behavior of their children,
except for this one thing and they will moan and groan about the usuage,
abuses and ills of our society, but not discuss the fact that these
abuses and ills have risen dramatically since- permissive abortion
laws have been enacted. Child abuse has nearly tripled, although
ninety percent of battered children are wanted, planned and are
legitimate. Veneral disease is rapidly on the rise . In some areas
it is considered epidemic . I am asking you men, please put aside
all the politics, but to give us a voice to be heard. If we are
worth. our salt we can make our point heard and understood. If we
can. prevent death., then it will come back . and be voted on later and
debated later. I am really sorry that at this town level, the whole
thing"-it is. simply a delayed tactic is going on . I don; t know,
why. I am begging you, please to vote for the home rule message_
Give us a chance to be heard. Strictly freedom of speech you are
voting on now.
JOHN MORN: I listened to this lady discuss this i.s.sue of abortion.
It comes to mind what business would that be in a Southold Town Board
And I. think back to 42 years ago, 42 years ago I. was in the north-east
Bronx. My residence was the womb of my mother. I wasn 't threatened
because I was in the United States and I wasn 't Jewish. But had I
been in Nazi Germany and a little older and Jewish, I wouldn 't have
been as safe. And perhaps in some hamlet in Germany, 42 years ago,
maybe about this size, there was a town council or a town board who
felt , let 's not make waves, this issue is controversial, this doesn 't
concern us-, . and they failed to speak. Gentlemen, by the very nature
you went out and sought to be known as leaders in your community you
have an obligation, a God given obligation to rise to the truth, to
speak for th.ose that need speaking for . This may seem to you like a
minor issue but those little babies who are suctioned out, who are
gutted or left in a garbage can, it 's not a minor issue. When
Chamberlain went over to negotiate the end of World War II, he
negotiated lives of people away. And they weren 't his. lives to
negotiate anymore than we have the right to decide that someone
else should not live. Your Town Board can take a step. Your. .To.wn
Board cannot solve this abortion issue, it ' s beyond your realm, but
because you cannot solve it completely doesn ' t mean that you must
not do everything in your power. Twenty and th. .rty years after
Nazi Germany the children of many of the Germans said to their
parents, how could you? How could you have allowed this holocaust?
How could you have not spoke out? And the parents: replied in many
cases, but we didn ' t know. Gentlemen, here it is forty years later
and we do know. I am appealing to you to join with us, to do what
you can, however, little, to rise and stand so that in twenty years or
thirty years this will. be a better life for your children and
grandchildren and even if things are in a terrible condition and
a terrible state they can never look at you and say, but you didn 't
try. Gentlemen, it is in your power and I ask you to try.
3:L AUGUST 12, 1980
FRANK DUPREE : I am a pastor of the Living Water Full Gospel Church
in Jamesport and as I see this tonight, I 'm not familiar with all
of the ramifications and all of the things that were discussed, but
I do see this as an assult on the government , which you are part
of . What ' s being assaulted here is God' s government:..because God
simply laid out a government years and years ago in the Holy Bible
and which this country is supposed to be founded on. I heard some
talk before about when is..a- child born and so forth, and I would
like to read, just for a moment . I hope that we are all still
interested in and willing to trust the work of God as being the
truth. It says "The word of the Lord came un to me, Jeremiah,
saying before I formed thee in the belly, I knew thee acid before
thou. camest forth out the womb I sanctified thee . " God makes this
very clear that he is the-,-,author of all life . He knew- each one of
us before we were -born. Everyone of you sitting there. I believe
that you are in government to protect His government , you were placed ;
there by Him. You are there by His grace and His grace only. And
then in the New- Testament for those believes in Jesus Christ and
His word, He said in Luke VXI'I in talking about. children, He said,
"Then said He unto the Disciples, is it possible but that offenses
will come, but woe unto him-`�through whom they come. It .were better
for. ,him that a millstone were hanging about his neck and he cast
into the sea than that he should offend one of these little ones. "
That 's pretty strong words, they 're from Jesus Christ the Lord and
Savious, he 's God and what he ' s saying here is that the offenses
will come, woe unto him through whom they come . Dontt let these
offenses come through you, don 't be part of it . Stand up .to the
word of God. This- nation, this country was built upon, this Town
was built upon it and what we need si some men as was said- who will
put aside the politics and listen to the voice of God. We 're i.n a
time that the Bible speaks of where men and women are growing cold.
It says, they will wax cold and they will ' become selfish.. Seekers
of their own self pleasure. That ' s exactly what we 're experiencing
right now with this move . It is an assault on the government of God..
and you 're part of it . I would just ask you to really think. about
it in that light .
GUS KYRKOSTAS, Rocky Point Road, East Marion : Supervisor Pell,
Councilmen, Town Clerk, I represent the taxpayers. and home owners
of the Township of Southold, many of them. I see a lot of them
here tonight . We 've submitted . a petition to you, regarding the
opening of the beach on Rocky Point Road, and I''m wondering what
will happen.
SUPERVISOR. PELL; The Town .Board discussed this. today, and we
cannot act upon it this year but in considering it these are some
of the things that we are faced with. To open it we have to: contact
the County Board of Health. If we are going to permit swimming in
there must be bath houses provided. It is a 50 ft . access,
the Town ownes 50 ft . at the foot of Rocky Point Road. There are
many things for the Town Board to consider before opening up this
50 ft . Parking is one we have to think about . The County Board
of Health has to get involved. This year the Town Board does not
feel it could at this late date even start to consider i:t. It will
consider it for next year but also we will be considering at the
time, the Town Board will , all the liabilities that go along with.
opening up this: area with. this 50 ft . at the end of it . I. know in
Your petition you said you would be willing to help the. Town .Board
police it in whatever manner you could and this is: one of the things
I did give to the Town Board, but for this year it .is too late for
us, it would take too much., okay?
MR. KYRK08TAS : Well, if we did wait until next year, will we be
losing out in anything, can anybody come along and just lease .the
beach. or take over the beach?
SUPERVISOR PELL The problem you are referring to, that is Town
property, the Town cannot sell it without going through. a great
deal of--I am going to say public hearings, red tape. ifthe Town
was going to lease it to anybody, public hearings would have to be
held atn more information gained. There has never been, since I 've
been on this Board, under consideration for lease or anything else.
It was closed off because the steps were being destroyed. We .would
fix them and the steps got destroyed again. The County. came in and
made us put bath houses such as you have at Truman 's Beach. We have
AUGUST 12, 1980 1 3
a Town Beach at Gull Pond, they are getting involved, they are checking
different areas out on us and we would be required to .put lifeguards
there. There are a lot of things to be considered. The problem that
arose out of this, how this came to a head, was a few weeks ago Gus
contacted me, 'or I had a call from New York from a couple of people
who live on Rocky Point Road and there was what we thought was a
police officer standing up on the top of the steps, saying you cannot
go down and swim there, this is provate property, it was bought by
a gentleman. One Sunday morning I got a phone call that this officer
was up there and saying to people, you can 't go down- and use the
beach, it ' s private property, it was bought by my employer or something
along these, lines. The gentleman was misplace, he was supposed to
be down on the beach on :the private property to one side of the 50 ft .
Town owned and we did get the problem squared away .
MR. KYRKOSTAS : We did get it squared away But I think the taxpayers
would like to know whether we will have your assurance when next
June or July this thing will be taken up and it would be discussed
before the summer session.
SUPERVISOR PELL; This will be discussed this fall when we make up
next year ' s budget . It will be budgetary item for the Town to
consider. .Your letter iw on file . It will be considered by the
Beach and Park Committee which is made up of two TOwn Board memebrs.
Dollar and cents sign will be involved in it, what it would cost the
Town to open it up and we will go from there. It will be considered
this fall .
MR. LORIS : What I would really like is' to have the assurance of
the Board that when you discuss this matter and you bring it back
to a public hearing, or you open it ' up to a public discussion that
it be made in July and August when the residents .of Rocky Point Road,
the residents themselves have a chance to be heard and discuss this
matter with you. Most of the residents are not there during weekdays
and therefore their side and their input will not be given and it will
be one sided decision.
SUPERVISOR PELL: I will ask the Chairman of the Beach and Park
Committee, prior to September 1, to have an information meeting
with you people right here in this Town Hall to have your viewpoints
made known. He will consider it this October, September when we go
into out budget . Prior to your going home in September I will ask
the Chairman to have a --I 'm. putting the Chairman on the spot right
now. Councilman Nickles, he is a very efficient. Chairman, and I will
ask him to sometime try to get a meeting so we can contact your prior
to September . But it will- be discussed when we make the budget up
in October of this year for next year .
SAMUEL• MARKEL, Southold: I 've been listening to a lot of complaints
about this Town and what should be presented to Albany and I have one
that I think is os prime of importance that you should get word to
Albany about . Our water supply in Southold, to say the least , is
full of contaminates and rust and everything .els.e . Yet, when we go
to the supermarket to buy some bottled water we have to pay sales tax
on bottled,.water . Now, number one, water , perhaps is the most basic
food for anybody to have to survive and without i.t none of us would
be around. I see that you can buy a loaf of bread and not pay tax
on it, yet if you have to but a bottle of water you have to pay tax
on it . Now, I: think everyone of,--you Board members: should really get
to our legislators in Albany and put forth this problem that we face
here in Southold and try to eliminate the sales tax on bottle water .
Now, I: know that I am not a pressure group and I didn ' t get a lot of
petitions signed to come before you, But I think it ' s just as important
as any other group in this Town with their propositions . In fact , it
might be alot more important . The water conditions in Southold, as
you all know, are now to a point where we are drinking Lnion Carbides
chemicals and own own dump 's wastes..-and there is not doubt in my mind
we are possibly facing another Love Canal in the future. So I say to
you to possibly consider presenting this proposition to Albany and see
if we can 't get the tax removed, at least , on buying bottled water so
that we might survive. Or else, perhaps, get a grant from the United
States to somehow build a plant to take the salt out of the ocean water
or some other means that would certainly help us in the long run. I
wish you would consider it . Thank you.
COUNCILMAN_. DRUM: Mr . Behan, of course, and Mr. Gregory Blass are
working on this, I personally know this . We as a Town Board have
31.y AUGUST 12 , 1980
not acted but they have brought it up .
MR MARKEL: Well, I say you ought to act on it because it is just as
important as any other thing you might want to act on, maybe more
important .
COUNCILMAN DRUM: I say we haven ' t acted on it together . We have
acted individually and our legislator has taken steps , as has Mr.
Blass has..as__well .
MR. MARKEL: Well , he 's on the County level . I understand that you
as a Board can send a message to Albany.
COUNCILMAN DRUM: Mr. Behan is not on the County level .
MR. MARKEL: I know that , but he will be if he doesn ' t get the message
across to the government .
SUPERVISOR PELL: Thank you very much. Let me just ad lib a little
bit . Today I discussed with the Board many points that have been
presented to me from Town residents about this Temik situation. Some
Of the questions were, what do you do with the filter after you change
it? Where do you dispose of it? What do you do when you have to have
your water checked? Who ' s going to put the tab? Why should the
individual home owner have to foot the bill of a hundred dollars Por-
to have it checked when they have no control of putting the Temik there
in the first place. I discussed there points with the Town board
today in detail and they instructed me to write all these questions
down and send them in to the County Department of Health to try to get
some answers for them and myself so we can present it to the Town people.
My office is gettin- numerous phone calls.• The biggest one, what do
we do with the filter after it 's changed and why should we have to pay
the hundred dollars to have out water checked a year from now to see if
it has cleared up or not or why should we have to pay for the replace-
ment of the element that goes into it , we didn 't put the Temik there to
start with. These are the phone calls that I 'm getting in. So I
discussed it with the Board today and they said, write these all down
and send them in to Dr . Harris at the County Health Department and
see what repsonse they have to make on this .
Anybody else wish to be heard?
MRS. CHRYSTEADIS : Rocky Poin- Road, East Marion : I 'm the lady .that
called you from New York, telling you that while I went down to the
beach was a guard and I asked, you know, I was ready to go with .my
neice, and he: stopped me. I said, you have to' ca;ll my boss So I:
get the number and went back. to my home and I; called him and he referred
me to Mr. Rosenberg. I want it to be 'in th.e 'recorda that he was the
boss: of Rocky Point Road Beach and we cannot go any more down to the.
beach. So I took. th.e courage and I called Mr. Rosenberg Sr . asking
if he ' s- the junior or the senior .and he was: very nasty to me, in fact
we use his town marina for our boat and I tried to be friendly and
in fact asked him if I had a pass to go down to the beach. which. i.s a
Town of Southold beach.. So he said to me, lady, would you like me to
come and have a picnic on the front of your lawn? I said, of course.
not . I thinked him and the next step was I went to the city and from
my office I called the. Supervisor, Mr . Pell and I: wanted to know what
happened to our own beach. and this has been happening ofor the 'l.ast
four years , I believe, or six yeras, that they were breaking the
step- that were put jup for access to the beach. And then for a
while we gave up and we thought maybe, you know, it is dangerous.,
but we found out that we pay so h.igh. taxes, our. taxes went up from
$200 when we bought that property, to $1000 and every year it. i.s_:going
up and we own more property over the road whch. from $28 we pay $168
for a vacant lot so we feel that it ' s all right to have access to
that beautiful beach. and we ' ll be responsible with the Town to maintain,
clean for everybody. This would be people from Rocky Point Road. We
don 't balme them when i.c comes; to a discussion with them, we would be
responsible if they want their beautiful beaches, you know, Town beach.
to be clean and we would like to have the same. We don ' t want people
from New York City to come out here and break bottles and leave diapers
and would be so disgusting. I asked somebody, why are you doing thsi.?
And they didn 't care because the Town allowed them. Maybe we can have
a pass, something that would be our beach, East Marion Beach. or 'Rocky
Point Beach, whatever, you know. Thank you.
SUPERVISOR PELL: All. these questions you have, when you meet with
AUGUST 12, 1980 315
the Committee, and discuss it . with •them., :the .Committee will evaluate them
and bring them back to the Town Board and we will go from there .
MRS . CHRYSTEADIS : Because we have the beach a thousand feet from
where I live and I have to wait for my husband to come from the boat
or whoever has a car to go to Truman ' s Beach or even down eight miles .
I don' t think it ' s fair .
SUPERVISOR PELL: Okay, you people-- a meeting will be held and
you can meet then .
Anybody else wish to be heard?
MR. LOUIS STABILE: Is the beach on Rocky Point Road officially
closed?
SUPERVISOR PELL: Yes .
MR. STABILE: Is there signs to that notification that everybody--
that it is closed, no one can go down there .
SUPERVISOR PELL: Supposed to be if they are not taken down. After
we put them up sometimes they go down. There is a fence across there
to keep people off .
Any other questions?
MR. GEORGE MEGDANIS, Rocky Point Road, East Marion: On .the same
issue of the Rocky Point Beach, we have said about lights on our
streets . Rocky Point Road is very dark and I don; t think there are
enought lights, street lights .
SUPERVISOR PELL: I had a request given to me, it came in yesterday,
I believe, or Friday, I forgot which day it came in, for two street
lights .on that road. It will be given to the Street Light Committee .
Let me say this, the money in this year ' s budget for additional street
lights has been gone, streets lights are gone . We have six or seven
street lights left in thiw year ' s budget , we are saving them for
breakdowns•, somebody breaks one, or a telephone pole gets knocked
down, for replacement purposes . Next year 's budget will be a new
thng._,on street lights. )Your request for the two lights will be on
file. Councilman Drum is the Chairman of the Street Light Committee,
I will forward the request to him and he will keep it on file .
MR. MEGDANIS : And the same thing we had mentioned about putting a
speed limit too on Rocky Point Road. Some cars really come really
very flying through there and there are a lot of young people there
and elderly people .
SUPERVISOR PELL: All right, we will look at that .
JERRY DONAHUE: I would like to return to the abortion discussion.
Tow me there is one major question that must be answered by all of us
here tonight . All other arguments and debates are of secondary
importance until this question is .answered. That question is, are
we destroying human life when we commit an .abortion or are we not?
The answer is affirmative. We must do all we can to protect and
preserve this life. as guaranteed by our Constitution ..i). If the answer
is hegatve, then we can go . ahead and decide the issue as we would
the school budget ora new traffic light . Long ago the start of human
life was considered to be at birth .as medicines and man 's scientific
knowledge grew the movement within the. mother was then considered to
be the beginning of life . Today with the high sophisticated medical
technology, we have photographic and laboratory proof that an unborn
baby has: all its organs and limbs and nervous system and it needs for
li.ie at seven weeks old and that the following twenty-nine weeks before
birth. are devoted only to the growth. and development process, just as
the next eighteen or so years after birth are devoted only to growth
and development , nothing new is added. Dr. Bernard Nathanson, a major
abortionist doctor, who admits to performing thousands of abortions
has finally realized what he has been doing and now realizes he was
taking innocent , unbirn human life by performing abortions . He is
now working to correct this terrible holocaust . Other abortionist:.:
doctors admit freely that they are taking human life but it is, okay
because the supreme court has said it is . The supreme court . in its
Black Monday decision of 1973, allowing abortion on demand, did not
rule whether the unborn baby was a person or not , in fact they refused
to rule on that . They ruled the abortion itself was protected by the
Constitution, not the taking of human life, but when the supreme court
316 .
AUGUST 12, 1980
refused to make a decision as to whether life exists or not , everyone
who is here tonight , the Councilmen and the audience, must make that
decision before any more lives are snuffed out and I want you to realize
that there is only one answer to that question, that yes, human life
begins with fertilization. We must then do all we can to protect it .
We must fight and work and sacrifice and get totally involved until `
we right this terrible wrong from our land so we can once again say,
yes, America is the guarantor of life, liberty and the pursuit of
happiness for all of its people. I therefore urge and implore you
the Councilmen, to vote yes for the convention resolution and I urge
all the people here to stand up tonight and do likewise . Thank you.
PAUL HUNTER: Thank you Mr. Pell, because I know you knew why I was
here. And I hate to be a nag but I 'm afraid it ain' t goin away .
Giraffes and rocks don 't come out of mothers, they never have and
they never will, and with any reasonable amount of time grown men
can make all the same deductions that have been expressed here
tonight without all the statistics and without all the reports,
all of which I concur with, and if you want more, I have a copy
of the April 30th Life Magazine of 1965 which shows the entire
color photography growth of an infant . But aside from that , and
I 'm sorry that the morality of the issue has entered the political
field, because it doesn ' t belong in the political field, but because
it 's here, we 're not going to give it up--the battle and we ' ll use
the vote just like the other side uses the vote, but let me point out
that Soviet Russia has three times in recent history denied their
people the right of free abortion . They don 't believe in God. They
don 't believe in religion. So for them it is not a moral issue . They
have found that within 200 hundred years if they continue the
zero population rate that abortion is bringing them to,=- they would be
extinct . That ' s not my:;/fantasy., that ' s their doing. That their
demographer ' s restlts of their serious study . The Scandanavian
countries have legalized abortion-- how many years . It has come to
pass that their work force has dropped so low that married men are
taxed higher than bachelors, which is the reverse of this country,
and the reason for that is they have to force the wife to work to
fill the empty spots on the work force . I 'm not saying that 's entirely
due to abortion but it a good deal of it due to abortion. And
something was left out one of the presentations . The man who proposed
the liberalized abortion law in England, in Parliament, is the same man
who has not proposed euthanasia to be legalized in England. That means
none of us here is safe, because when politicians or the power people;
or whoever, decides that. one of .us doesn 't fit , there ' s plenty of
reasons to get rid of us, especially when we get older . The Social
Security Ssytem has been bounced around in the news of late "because
it is felt, by some, that it may not support some of us . CBS recently
reported that anyone who is in their 40 ' s or below, his 40 ' s or below
isn 't likely to collect if because the populations in this country is
dropping dramatically. And while we 're all hoping so much so that we
won 't admit the fact that we may not be supported in our old age by
our government , it ' s a possibility. I 'm not supposed to defent how
strong, but it is a possibility. And another practical consideration
of the sociological complications of abortion . When you eliminate
people, you 're eliminating everyone across the board as far as their
professions go . When you abort a baby boy, you've eliminated someone
from the the ranks of the professions that men enter. When you,
eliminate a baby girt , likewise allthe ranks open to women, that
person is now eliminated from it . What I 'm trying to say is, in
ten years todays heros, just like the man who inventedL:DDT, will be
tomorrow' s villans, because the sociological complications that are
already in effect in countries in Europe, moreso than here, are very
soon going to rear their ugly heads in this country and you people
sitting there won't have enough of us to pay your salaries . That
doesn 't sound like t very real statement to you now, but in-:ten years,
Hitler didn ' t even get that long, or barely got that long, I should say,
to discover the wrongs of his way of life . Mussolini , likewise, Nikita
Kruschev likewise, you name them, the history books are full of them.
The Athenians tried the same baloney and none of them have ever
succeeded in enforcing the wonrgs on the populationof their countries
forever. The people always revolted against the wrong, always . Consider
everything you've herad tonight . There is an awful lot if it, I can ' t
even get it all into my head, but just remember this, Soviet Russia
has already, three time in this country, refused to allow their
people freedom to have abortions because they were going extinct .
Thank you. .
AUGUST 12, 1980
317--\
DANIELLE EUBANK, Westhampton,, . N:Y.. : I 'd, like . you to know that I 'm
against abortion and I 'm going to read a story that I wrote. --It all
began a month ago, that was the day I came to life, I was the size
of a pea.; and I grow rapidly. In eight months I will be there. I
can 't wait to be born . I want to see what Mommy looks like . Right
now I don 't look like much. I don; t even have a nose. I am alive
and heAlthly though. Each day I learn about my Mommy. I can hear
her talking. It soukds,.,like an echoing sound down here . Mommy is
seventeen years old. She says she is unhappy. I don; t know why.
Everytime I hear a certain low voice mommy cries. It makes me sad
to hear her . Well, I can ' t worry myself, I 'm getting hungry now.
My nutrients come to me from a tube attached to my stomach. I don' t
fill up with much nutrients, Mommy needs them also . I hope this
doesn; t stunt my growth. I love my Mommy, she always rubs her tummy.
That feels good to me. It gives a warm loving feeling to me . It is
very lonely and dark down ehre . I can ' t wait to see the light . i
calculate I ' ll be a Christmas baby . Jesus was a Christmas baby. He
grew up to be a lovely man. I 'm a girl though. Mommy doesn' t know
that yet . She wants a girl too. Summer is here . I 'm really big
now, but it do.esn-!,t matter, Mommy doesn-I.t want me . She says she
can ' t hack it . I don 't know why, I don 't kick too much . Yesterday
Mommy went to a special doctor . The doctor was talking about me,
he said I was not going to live long. The doctor said I wqs healthy.
So why won-L:t I live long? I feel strong. Mommy cried. She said she
would come back next week. Mommy also said .she want the cheapest and
quickest killer . I don 't understand. The only thing I heard was the
word abortion. Mommy was getting an abortion . I found out what
abortion meant . 'It horrified me. I thought Mommy loved me . I know
she does, but right this very minute I am on my way to the doctor .
I am thinking of my life, it was. good. I will miss it . ' God will be
my new father, he is almighty and good. I will miss Mommy, though.
We are there . This is it . Mommy is asleep on the table . The doctor
is studying her. He is a devil possessed man. He has killed many
living beings . I 'm the next. There it goes, he just shot some poison
into me. I 'm still alive and another month has passed. I am still
a little sick. Mommy is sicker . I think she got most of the poison.
I hear a nice .doctor talking. He said, I will be born early, I am'
glad, I want to get out of here before Mommy changes her mind again,
even though it ' s too late anyway. Someone is watching over me . In
my heart I know I will live . There is so much to live for . Mommy
got married, she seems happier . Mommy is sad about dropping out of
school . She likes school . Mommy is' very smart . My ribs get cramped
a lot . I kick to keep exercised. I still . can 't see: Soon I will .
The time is here. I can 't wait any longer . I want to see and hear .
I know it ' s cold out, it must be Christmas . It is warm inside Mommy,
but I have to go into the world soon. I am ten days earlier than
expected. Mommy is rushing someplace in a hurry. She must- be going
to the doctor. I hope it is the good doctor . I decided to wait a
little bit until Mommy can lie down. Ah, she is lying down. Here
I come. Boy, it sure is hard, I never worked so hard in my nine
months . It was worth the work to see the light . I didn 't like getting
a wack on the rear, . I screamed out .' There she was, my Mommy. She was
so pretty. There was a glow about her. She looked just like a
Mommy, my very own Mommy. Life can 't be more precious than to be
here right now, living is a wonder, to see the world now. Thank
you.
BETTY SCHLOSS, Southold: I have been asked to present these petitions
with 320 signatures. on it with possibly four or five who are not
residents of Southold Town. They are the undersigned oppose a state
legistlat _ve resolution calling for a constitution convention to prepare
a human life amendment which would outlaw all abortion. They also
request that the Southold town Board refrain from endorsing such a
resolution. (Mrs . Schloss presented the petitions to the Town Clerk. )
ETHEL WORTIS, Southold : I am a retired physician. There have been
a great many statements made today abd I would just like 'to answer
some of them on the dangers from abortion. Since abortions have been
legalized and that they are done under proper donditions in hospitals
it is a well known fact that the death rate from normal pregnancy and
delivery is definitely higher than death rate from abortions, considerably.
That 's been-- the figures have b-en very carefully watched for a number
of years and I feel quite secure in standing on that statement . There
are dangers from every kind of medical procedure, but abortion is one
of the safest . It appears that doctors are sometimes faced with a
AUGUST 12, 1980
dilema of whether to save the mother ' s life or the baby's . Now, I
think that does not happen very often now adays because we have so
many more resources in the hospital delivery room, but it used to
happen and the tradition was that if you had to choose between the
two, you chose the mother . The idea is that the mother is an educated,
a living extension person and has much to contribute and the infant
has to be sacrificed for there may be another one.. Now, no one likes
abortions . I-fve had one myself and there are many circumstances in
which people are forced by medical reasons to have an abortion in order
to save their own lives . No one likes murder, but there are choices
that have to be made and abortions a"re an expression of a similar
dilema where a choice has to be made . These choices ar- made by
people with an ethic which has been keenly considered and is deserving
of respect . No one is forcing other people to have abortions , but
the claim that no one ever can have an abortion is really an attack,
an assault , by one system of belief, on all other systems of belief
and it seems to be unfortunate that there is this right to life
amendment , which is so called, it uncompromising in its demand that
families and mothers in the future of already born children cannot
be considered when this difficult choice has to be made . I am
certainly in favor. of the right of women to chose and I hope that
the Town Board will consider this seriously when they make the
decision on this resolution. Thank you.
SUPERVISOR PELL: All right., I have one more announcement to make
before I seek adjournment and I---
MR. HUNTER: May I ask. one question? When does the board intend to
consider the issue?
SUPERVISOR PELL: At some time, yes .
MR. HUNTER: This year?
SUPERVISOR PELL: I do-,-not know, it ' s up to the Board when they request
this we will go from there . I know I have a packet full of information
I am studying myself . As a lady said to start off, I want more
information myself and I am reviewing all that was presented to the
Town Board thus fa, then I will pass it on to the other members to
review also.
MR. HUNTER: Will y9u announce it in some way that we might be aware?
SUPERVISOR PELL: Oh, yes. I do want to close this . Peg, I 'm going
to let you be the---Mrs. Kaelin, I 'm going to ask you to the the last
speaker . If anybody else .wishes to speak on anything other than this,
yes . Mrs . Kaelin.
PEG KAELIN, Cutchogue : Thank you, Bill . I appreciate the fact that
I am here again, and the only thing I can tell you is that I am only
here again because it is human life and that is the most important
issue to me . Dr . Wortis did admit that in cases, where it is medically
necessary to have an abortion are extremely rare. Do we kill,...one
million or the three of four that will be rare? One more comment .
This little girl who came up here and gave the story--I can only say
that out of the mouth ' s of babes comes the truth. One more thing,
she';s rising up, she knows she is going to have to stand up for. what
she knows is right . My eight year old asked me today, Mommy when can
I be pro-life? I said, you already are . That ' s it gentlemen, we 're
not going away. I have here some more information, which I know you' ll
be thrilled to put in the file . It ' s some scientific and biological
information . It ' s booklets I have for each of you. One the constitu--i.,
tional convention, something has been said about that being very radical
and dangerous. I have appeared before you at the work session to refute .
that . The last thing I would like to submit to you on that , James
Madison who wrote the article, said he wrote it for the following
reason, getting amendments to the consitution, he said that useful
alterations in the consitution will be suggested by experience,
could not be but foreseen . , It was requisite therefore for a mode
for introducing them should be provided. The mode preferred by the
convention seems to be stamped with every mark propriety. It guards
equally against that extreme facility which would render the constitut-
ion too mutable and an extreme difficulty which might perpetuate its
discovered faults . It moreover enables the general and 'the state
governments to roginiate the amendment of errors that they may be
pointed out by the experience on one side or the other . Naturally
our seventeenth amendment to out constitution, which provides for
AUGUST 12, 1980 31
the direct election of U.S . Senators came about through this process
because thirty-one states had called for the convention . Congress
saw the pressure and came forward wiih 'the 'amendment . Congress has
had 400 petitions for constitutional conventions on a wide range of
subjects from slavery, deficit spending, busing, etc. If the :constitut-
ional convention was so dnagerous we would have written the consitution
400 times at least . A constitutional convention study committee of
the American Bar Association, these men ' s credentials--two U.S .
District Court Judges, a judge of the Supreme Court of the District
of Columbia, a president and former law school dean, two former.
presidents of state constitutional <co,nventions, a former deputy
attorney general of ,the United States and a practicing lawyer with
wide experience in the amending process . And what was their conclusion?
So long as the convention method of proposing amendments is a part
of our consitiution, it is proper to establish procedures for its
implementation and improper to place unnecessary and unintended
obstacles in the way of its use. Further, they stated, the charge
of radicalism does a disservice to the ability of the states and
the people to act responsibly when dealing with the consitution.
These procedures were adopted by the U.S . Senate both in 1971 and
1973 . To date 19 states have called for a convention to write the
human life amendment . Now, whether or not the convention will
actually be held and a human life amendment will be--if a human life
amendment is written either by the convention or if in the states
calling the congress suddenly sees that they are going to reach the
32 mark and pulls the amendment off and sends it to the states, either
way the human life amendment will go back to the states . They won ' t
ratify. Thrity-eight must to make it be part of the consitution.
Finally, gentlemen, we 've been told that this is not in your juris-
diction. Every resolution you pass affects human life. That ' s true
of every legislative body. It ' s the reason that we, the people,
elect you. You watch over us as far as, for example, you passed a
fire code. What could be more in protection of human life. I 've
seen how many hours you spend in work sessions weighing what effect
a resolution will have on the human life in this area. I give you
great credit, I 'm sure you are tired tonight, I 'm going to shut up.
Finally, just as you. have respect for the process by which the people
elect their representatives and have, therefore, made you members of
this Board, just as you respect the consititution and democratic way
of government, we are only asking you to respect and support that
constitution when it provides for this convention mode toget us a
human life amendment . We believe, also, that a reasonable amount of
time has elapsed and we sincerely hope that you will vote for this
on August 26th, your next meeting. Thank you. I almost for got . I
have the booklets and I have 394 additional petition signatures which
comes to approximately 744 signatures asking you to draft this
resolution, in addition to the letters that you have received. Thank
you.
SUPERVISOR PELL: I have one announcement to make and this is , August
27th we are going to hold open house to open up the Senior Citizen/
Youth building on Peconic Lane. The county executive is scheduled
to be here at 10 : 00 A.M. to sort of help cut the ribbon. Keep that
date in mind. It will be August 27th at 10 : 00 A.M.
COUNCILMAN MURDOCK: I ' d like to make one response to part of a
statement that Mr. Markel made, lest people walk out of here with
the feeling that the Southold Town Disposal Area is equal . in corrupting
our water system. to Temik. To date there has been $50, 000 worth of
test wells drilled by the Suffolk County Public Health Department
around our disposal area to check on the quality of the water that
flows under ground from the disposal area. Since they are so adamant
about Temik, I assure you, they would be just as adamant about any other
impurities that were in this water that were emanating from our disposal
area. The water from the disposal area flows underground in a northerly
directions towards the Long Island Sound. There 's approximately a mile
of undeveloped farmland between the disposal area and the Sound and
to date the County and state have not told the Town that any problem
is coming into the Town ' s water shed from the operation of the disposal
and I ' d like to assure everybody in this room and you in turn can
reassure your friends that our disposal area is not polluting the
water of the Town of Southold.
20. AUGUST 12, 1980
On motion of Councilman Drum, seconded by Councilman Murdock, it was
RESOLVED that there being no further business to come before this
Town Board meeting adjournment be called at 9 :45 P .M.
Vote of theTown Board: Ayes : Councilman Sullivan, Councilman
Murdock, Councilman Nickles, Councilman Drum, Supervisor Pell .
This resolution was declared duly adopted.
Judith T. Terry
Town Clerk