HomeMy WebLinkAboutTB-03/25/2003SOUTHOLD TOWN BOARD
REGULAR MEETING
March 25, 2003
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, March 25, 2003, at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with
the Pledge of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans (left at 8:55 P.M.)
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR HORTON: Good Evening and welcome to the March 25 public Town Board meeting
of the Town of Southold. ! welcome you all, ! ask that you please rise and join with me in the Pledge
of Allegiance. Please remain standing for one moment in acknowledgement of our brothers and
sisters, fellow Americans that are overseas and in prayer for our leaders that are making tough
decisions at this point. Thank-you. It is the policy of the Town Board to offer the floor to the public
for public comment to address the Town Board at two times over the course of the meeting. The first
time ! will give the opportunity or afford the opportunity for the public to speak is prior to the voting
on the printed agenda, the resolutions on the printed agenda. If you have comments that you would
like to make or questions that you would like to ask that pertain to any of the resolutions on the agenda
! will make that time available prior to reading those resolutions. After we read and vote on the
resolutions, ! will again offer the floor to the public for public comment on town related business, so
you may address the Town Board at that time. ! ask that when you do so, you do use one of the
microphones at the front of the room and state clearly your name and place of residence, as we do
March 25, 2003
Southold Town Board-Regular meeting
2
record that as part of the public record. So, with that being said, we also have reports available at the
Town Clerk's Office from 8:00 A.M. to 4:00 P.M. five days a week. We have public notices that are
available and any communications from the public. So if you would care to review any of those, we
will make them available to you between 8:00 and 4:00, Monday through Friday.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $251,654.47; General Fund Part Town bills in the amount of $15,592.90; Highway
Fund Whole Town bills in the amount of $15,767.45; Highway Fund Part Town bills in the amount of
$12,428.12; Capital Projects Accounts bills in the amount of $29,795.00; Agricultural Land
Development Rights bills in the amount of $71.94; Landfill Cap & Closure bills in the amount of
$26,082.29; Community Preservation Fund (2% Tax) bills in the amount of $4,100.00; New London
Terminal Project bills in the amount $40,011.09; Employee Health Benefit Plan bills in the amount of
$486.00; Fishers Island Ferry District bills in the amount of $54,733.29; Refuse & Garbage District
bills in the amount of $75, 202.54; Southold Wastewater District bills in the amount of $923.82;
Fishers Island Sewer District bills in the amount of $56.29; Southold Agency & Trust bills in the
amount of $4,275.98 and Fishers Island Ferry District Agency & Trust bills in the amount of $73.14.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the minutes of the March 11, 2003 Town Board meeting be and hereby are approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the next Regular Town Board meeting of the Southold Town Board be held Tuesday,
April 8, 2003 at 4:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Island Group Administration Claim Lag Report - through February 2003
2. Juvenile Aid Bureau - February 2003
3. Scavenger Waste Treatment Facility - February 2003
4. Southold Animal Shelter - January 2003
5. Southold Animal Shelter - February 2003
6. Board of Town Trustees - February 2003
7. Leave Time Summary Report - February 2003
8. Southold Town's Program for the Disabled - February Events 2003
March 25, 2003
Southold Town Board-Regular meeting
3
II. PUBLIC NOTICES
1. United States Coast Guard Public Notice of application of Town of Southold to replace the
Peconic Bay Boulevard Bridge across Brushes Creek at Laurel, Town of Southold. Written
comments by April 3, 2003.
2. US Army Corps of Engineers, New York District, Public Notice of application of Elmer Tuthill
to construct a pier assembly and install mooring dolphins in Greenport Harbor, Shelter Island
Sound, Greenport, Town of Southold. Written comments by April 14, 2003.
3. East End Seaport Museum and Marine Foundation notice of intention to convert its current
interim easement to a permanent easement for Long Beach Bar Lighthouse, Greenport Harbor,
Town of Southold. Comments by April 10, 2003.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: Okay, we are at that point in time where I will offer the floor to the public
that would like to address the Board on resolutions that are on the printed agenda.
DICK MARSCHEAN: Dick Marschean, Southold. I would like to talk about two resolutions. #178. I
assume #178 is for non-exempt employees.
SUPERVISOR HORTON: That is actually one that is...
MR. MARSCHEAN: That is for non-exempt?
COUNCILMAN ROMANELLI: This is for overtime earnings for the Town Attorneys office, the
Assistant Town Attorney.
MR. MARSCHEAN: The Assistant Town Attorney? She is an exempt employee, is she not?
SUPERVISOR HORTON: That is a good question and I am glad that you raised that. I would
actually like to hold this at this point, table the resolution, for further discussion. Because we didn't
discuss this today at the ....
MR. MARSCHEAN: She works for an annual salary, she is not...
SUPERVISOR HORTON: That is correct and I would like to address this resolution with the Board at
a work session.
MR. MARSCHEAN: Alright, #195. Can I assume that the declaration of the Whitaker House as
being surplus means that the Whitaker House is no longer in the plans for the refurbishment of this
building?
SUPERVISOR HORTON: That is, actually, that could be answered a couple of different ways. And I
think probably in six different ways perhaps. I have definitely supported selling the Whitaker House.
MR. MARSCHEAN: You are just one out of six.
March 25, 2003
Southold Town Board-Regular meeting
4
SUPERVISOR HORTON: That is correct.
MR. MARSCHEAN: What about the other people?
COUNCILMAN ROMANELLI: You will have to wait for the vote.
COUNCILMAN WICKHAM: ! would be glad to respond to that. For myself, it does not mean what
you said. There is a real possibility that having sold it, someone could refurbish it and it might very
well make an important addition to the Town Hall complex.
MR. MARSCHEAN: Yes but right now you own it, Mr. Wickham and I know that I spoke to you and
Mr. Moore separately on this, you own it and the thing is that this house could be very easily be
refurbished at a very cost effective way for the purpose for which it was intended when it was bought.
So it is part of the Historical District here, with the front of it could be kept just like ! told you, ! gave
Mr. Moore copies of some of the work that was done down in old town Alexandria when my daughter
lived down there and the thing is that it could have served that purpose and you could have got the
back of it and everything else. Since ! don't, ! haven't heard of anybody making any new plans for this
building, it certainly could have been incorporated in that and you people would be in direct control of
that and therefore make the Whitaker House the purpose it was intended for when you people bought
it.
COUNCILMAN WICKHAM: I would like to talk with you afterwards.
MR. MARSCHEAN: Okay.
SUPERVISOR HORTON: Thank-you, Mr. Marschean. Are there any other comments from the floor
on the printed agenda?
JOAN EGAN: Joan Egan, East Marion. Good Evening, everybody. On item #177, you will be
advertising in two newspapers, ! am sure. We have gone over that quite a bit. And the overtime, on
item #179, 179 ! have voted against that, ! think it is ridiculous. We have enough parks, ! vote no on
that. And ! think item #182 and that is the Policemen and the Detective Dzenkowski and then there is
another one also with Lietenant Flatley and a fellow officer and ! think in this wartime emergency and
we are an island here that both of these things should be scrubbed. We are down on policemen, so here
would be four going out of town. ! think it is ridiculous, ! don't know how this slipped by you that you
didn't say no to it. It is wrong. Oh, item #133, ! would like some clarification on what we are going to
spending there.
COUNCILMAN ROMANELLI: What number, Mrs. Egan?
MRS. EGAN: 193. For Cochran Park.
SUPERVISOR HORTON: Mrs. Egan, I believe that that is for, if I am not mistaken, for softball
fields.
COUNCILMAN ROMANELLI: Correct.
March 25, 2003
Southold Town Board-Regular meeting
MRS. EGAN: Okay. Now, on item #174, what does that mean? I hope that you are putting that
together better. What are you doing?
COUNCILMAN MOORE: Photocopier.
MRS. EGAN: You do all read these.
SUPERVISOR HORTON: ! was just going to turn to Justice Evans if she wanted to address that but !
believe that is for, we receive various grants to upgrade various equipment. ! believe this is a grant for
a photocopy machine.
MRS. EGAN: That is all?
SUPERVISOR HORTON: ! believe so, yes.
MRS. EGAN: ! think there are a lot of other things that that money should be spent for, if for security
for there rather than for this. This is ridiculous. They have enough of that equipment. And if you get
the equipment and it is broken into, it could be stolen. You will check it out and think about it before
you vote, won't you? Thank-you very much, you will hear more from me afterwards.
SUPERVISOR HORTON: Thank-you, Mrs. Egan.
FRANK CARL1N: Frank Carlin, Southold Town watchdog. ! am taking back my old title ! had years
ago. Make sure at the next election you bring your dog and get a proxy for him, too. #203, how much
is that going to cost?
SUPERVISOR HORTON: ! believe $1,600.00.
MR. CARL1N: $1,600.00. You know, 14 months ago, you had a work session and you had a little
problem there. You were two days from putting out for a bid. Now all of a sudden, you have got to put
more money for an architect here. Why? You already spent $18,000.00 for an architect, what are you
going to spend more for. ! thought we had the plan originally designed already. What are we waiting
for here? You know what it is beginning to look like, Bill? ! am going to be honest with you. We are
playing a game of Monopoly here. It is already April and we are not even putting it out for bid yet.
And now you want to hire another architect to get his view, you had architects on this thing already,
what are we waiting for? ! seen this happen before, believe me, 17 years ago. You know what the
problem with this Board is? You let the grass grow under your feet. You take so long to make a
decision. You took so long to make it to, ! don't want to go off the subject, you took so long to make
the decision on these people over here on, on, and on and on. On the landfill there. You still haven't
made a decision on what you want to do there. You took so long for, on the Town Hall next door here,
to remodel the Town Hall, you beat that thing to death for five years. You bought the Whitaker House,
four years ago, spending $170,000 of the taxpayers money and still you don't know what to do with it.
And now you are on the Animal Shelter. ! guarantee if thing was in Greenport, the Animal Shelter
would have been built already. What are we waiting for, Bill? What do we got to spend another
$1,600 for an architect for? Come on, let's have some answers here. Go ahead.
March 25, 2003
Southold Town Board-Regular meeting
6
COUNCILMAN MOORE: Okay, it was considered appropriate to have Mr. Bradley's firm to take a
look. He was familiar with the facility, having done a report last fall. He is going to take a look, it is a
very brief report, we are not asking him to design it. We are asking him to comment upon the design
that we are happy with but it was thought, let everybody get a look at it. This is a fellow whose
opinion is respected, take a look and say yea, nay whatever you want to about it. We are going to do
the bid specs and we will get it out and get it done this summer. ! am not worried about this, Frank,
this guy is not going to sit there and design a shelter for us. He is looking at what we have done.
MR. CARL1N: What is it his business what we have done for? Didn't you have your own architect do
this? Didn't you have your Town architect do this thing?
COUNCILMAN MOORE: It was considered appropriate to have someone in this field take a look at
it. He is familiar with the site, he is familiar with the plan. Let him sign off and say that this is a pretty
good program.
MR. CARL1N: Is this the same guy that you gave him $2,000 two years ago to do a review of the
whole shelter, right?
COUNCILMAN MOORE: Yes, it is the same guy. The same architect, yes.
MR. CARL1N: ! know, ! know. But why do we keep putting this off, you keep telling me, you keep
telling me that we are going to have this, this summer.
COUNCILMAN MOORE: Hang in there, Frank, it is only March.
MR. CARL1N: ! tell you what ! will do, you get that thing built by Christmas, ! will take you out for
dinner. Only you.
TRACY TAYLOR: Good Evening, ladies and gentlemen. My name is Tracy Taylor. ! would like the
statements that ! am about to say to be read into the record.
SUPERVISOR HORTON: Mrs. Taylor, at this point, ! definitely will offer the floor to the public.
Right now we are discussing the resolutions that will be voted on.
MRS. TAYLOR: This pertains to resolution # 194.
SUPERVISOR HORTON: Okay. I will follow along.
MRS. TAYLOR: ! speak for the residents of the Church Lane Hamlet. Since August we have been
addressing the Town Board to preserve the integrity of our community. An outpouring of public
expression has not moved them. A petition with over 400 names has not moved them. A series of
suggestions and compromises has moved them. Deprivation of our constitutional rights; still has not
moved them. Finally, in March they decided that we should have a private meeting with Supervisor
Josh Horton and Board members Bill Moore and Craig Richter. That meeting was to be private, so
that we could really speak to each other and there was to be no reporter present. We had the first
meeting on March 4. At that time, the Board members came with no information about anything.
March 25, 2003
Southold Town Board-Regular meeting
7
Although they had a resolutions asking for a change in zoning from Light Industrial to Residential
Office since mid-November, they had no information about it. Bill Moore, who is the Board member
responsible for zoning said he would have to look into it. When we asked if there was any information
about the composting site, Josh Horton told us there was no information. He promised that they would
be present at our next private meeting with the answers to our requests. We checked to see if March
18 was alright and were told it was. Two days later, in the Suffolk Times, there was an article and a
picture of the proposed plan for the composting site. Of course, there had been no information given to
us and no involvement of the residents about the plan. The following week in the Town Notes it was
reported that the Board was looking into an overlay, which would give us the right to rebuild if our
property were destroyed but would permit industries to build in our faces. At the March 4 meeting,
that was the suggestion of the realtor, Mr. McCormack, to which we had replied that would not
preserve the integrity of our community. Zoning for Residential Office is a compromise that gives us
what we need and the commercial buyers some of what they need. In good faith, we came to the
March 18 meeting that Josh Horton and Board members had agreed to. Josh Horton was not there; he
was on vacation, although he had not notified us or made any effort to change the meeting date. Bill
Moore was not there because he had a conflicting appointment. Craig Richter met with us alone and
what he wanted to talk about was the plan for the composting site, which we still had no input in. We
left that meeting realizing that we were still being treated in the same racist way that the Town has
been treating us for almost 100 years. More recently, we have learned that Board members are
charging that it is only Viola Cross who wants a zoning change. This, despite the petition signatures of
all of the residents of the hamlet, despite our meeting with the Board, despite our speaking out a public
meeting, this is a further attack of the Southold Town Board to divide and conquer. We do not believe
that the residents of Southold Town support the way the Town Board has been treating us. We do not
believe that the residents of Southold Town are racist or that they would want their community to be
seen as racist. We do believe that the Town's actions have resulted in a disparate impact upon the
Town's minority community. Since we cannot get this Town Board to give us the respect and decency
they provide to other residents who petition them on behalf of their communities, we ask the citizens of
Southold Town to marshal support for us. At this time, we request that there be a moratorium on
anything concerning the landfill. We request that this moratorium remain until full analysis has taken
place and all of the proper agencies and stakeholders have been brought into this site and all
environmental and civil rights laws be complied with, including, but not limited to State
Environmental Review Act (SEQRA) and the Safe Drinking Water Act. Also, the moratorium should
exist until all valid concerns be addressed and we receive full restoration of property rights. The
Church Lane Hamlet wishes to state that the basis for this request includes these terms but is not
limited to them. We also request this moratorium until the Town Attorney meets with our attorney,
Joel R. Kupferman of the New York Environmental Law and Justice Project. Thank-you.
SUPERVISOR HORTON: Thank-you, Mrs. Taylor. Mrs. Taylor, I just wanted to address what you
said. First off, ! owe you and the community an apology for my oversight in not attending that
meeting. When we scheduled it, it was my oversight and ! hold myself accountable for it and !
apologize. Nothing would have made me feel better than being at that meeting. It was my oversight.
And ! acknowledge that and ! apologize. And actually, your mother advised me, very articulately on
the telephone that ! should have re-scheduled that meeting and she is right. So, ! am glad that you
brought that up and as far as the zoning of that 5.74 acres, the Church Lane neighborhood, ! think one
of the biggest issues in Town right now. Bigger than 5 acre zoning, bigger than the continuation of
preservation programs, ! think the biggest issue in Town right now is our role in the Church Lane
March 25, 2003
Southold Town Board-Regular meeting
community and the zoning of that neighborhood. And I say that whether you are sitting here or
whether you are not sitting here. And I can only speak for myself. So, I am on your side and I will
remain there. And I am glad that you showed tonight and I am glad that you made your concerns
known yet again. This time in the meeting is reserved for addressing resolutions but I think that this is
at hand right now and it concerns about what Ms. Taylor just mentioned are at the top of the agenda so
I am going to do what I normally wouldn't do, which is step out of our normal protocol for the meeting
and allow this time for you to address the Board and then we will move forward with our resolutions
after that so, Mrs. Toll. I also just want to make it very clear that there has been some discussion about
what the zoning was, when it changed and all of that and I believe that regardless of what the zoning
was whether it was part Commercial, part C-l, part you know, Agricultural Residential, the bottom
line is that the homes have been there so whether the zoning has changed or just taken on another name
or allowed another uses, I believe that houses are houses and they have been there the entire time. So
this isn't the matter of what was in existence before 1989, I believe that that particular neighborhoods
appropriate zoning should have its residential integrity.
KATHY TOLL: Kathy Toll from Greenport. Just a few observations regarding this agenda item #194,
197 and an agenda item from November 19. I was among over 200 people who appeared before this
Town Board in support of this small community. I amongst others, became involved because of the
futile efforts to be recognized. I saw Viola Cross, Mrs. Cross with great dignity, come before this
Board time after time after time and request a response to her FOIL request. To my knowledge, she
has never even gotten that. The lack of respect that this Board has shown for this community is simply
a continuation of 1989. I don't hold you responsible for what happened in 1989 but you are certainly
perpetuating it. As a result, not only is it going to cause this community so much but from what I am
hearing it is going to cost the entire Town of Southold or we are at risk of having it cost the Town of
Southold dearly. They have made reasonable requests and I will tell you that if it were in the lot next
door to me or the lot next door to any of you, you would be demanding that the Town do the right and
decent thing for its residents. And to ignore over 200 people that came out on Thanksgiving week, just
to show you how they represent probably tenfold, at least, of the supporters that they have, is hard to
believe. We sat here November 19 and we all supported the residents of this community and no sooner
did the last speaker in support of this community sit down then this Board voted, I believe
unanimously or with the exception of one, the exception of the Supervisor, to continue with the
composting facility that is literally against their property. Like every other resident in this Town or
half the residents in this Town, I am up back and forth either passing by the dump or in the dump just
about every week. And you have to admit that the Town has created a situation that is unbearable for
these residents. And it is the Town's responsibility to address it. That is all.
SUPERVISOR HORTON: Mrs. Norden.
MELANIE NORDEN: Melanie Norden, Greenport. I understand that none of you are under any
obligation to discuss with us your opposition to the Church Lane communities' request. But I think, in
all fairness, I myself have tried long and hard to try to figure out just what you are thinking while you
are sitting up there. And I am coming away with virtually no answers. I cannot explain to myself and
in discussions with friends and neighbors' why this Board is responding in the way that it does. So, I
would like to ask each of you, if you would take a few minutes because you have aired your concerns
and you have publicly voted against the measures that have been requested by this community, if each
of you would take a few minutes to respond to us and tell us how you feel about this issue. I would
March 25, 2003
Southold Town Board-Regular meeting
9
like to know from Louisa Evans, Craig Richter, Bill Moore, Mr. Romanelli and Mr. Wickham, how
you feel about this because this really needs to be aired in terms of a dialogue. When people come to
this meeting, they come to this meeting for months, airing their concerns and they have met with
silence. And frankly, it is not acceptable. There is no criteria that says that this Board has to sit
silently and simply take in information. We, as members of the public, are very deeply and abidingly
concerned and ! would like each of you to step up to the mike and tell us where you stand on this issue.
COUNCILMAN WICKHAM: I am ready. How does the rest of the Board feel?
COUNCILMAN ROMANELLI: Go ahead.
COUNCILMAN WICKHAM: Alright. ! would like to take this opportunity to express my views
about this and the views that ! am going to express are basically what ! have started out with some
months ago and they are basically still intact. ! have heard many people ask for a change of zone, !
have heard people asking for respect, ! have heard requests for improvements in the neighborhood and
! would like to see those things take place. ! personally do not support a change of zone because !
don't believe that that neighborhood can ever be a really first-class residential neighborhood because
of the location next to our Town dump. It is too bad, ! wish it were different but ! don't think that that
dump is going to go away and the fact of the matter was, that in 1989 the change was made and ! don't
think that it makes sense for the Town to try to go back on that. However, ! think that there are many
important improvements that the Town of Southold can extend to those people who continue to live in
that community. And ! am frustrated, and ! expressed it this morning, ! am frustrated that the
discussion about changing the zone has overlooked and changed the focus from the improvements that
the Town of Southold should be making for that community. And to some extent, ! am not
comfortable with the rest of the Board who have not really come forward and said, yes, these are the
improvements we want to do, these are the deadlines we want them made by, this is how much money
we have to budget to do them and ! am also frustrated, as some of you are, that a lot of these things
have not happened even though ! have spoken for it many, many times within the community here.
Just this morning, we came up with another proposal, which this time ! think the Board has supported.
And that is, essentially, to give the people who live in that community greater opportunity to remodel,
to maintain their homes, even if they should burn down from natural causes, they would not be treated
just as any other nonconforming structure but people living in that community would have rights to
maintain and even expand those residences. Those are the kinds of steps that ! propose and have
supported from the beginning to strengthen the people and their homes in that community.
JUSTICE EVANS: ! am mostly in agreement with Tom. ! would be willing to do most things except
change the zone because ! do not believe that residential area next to the landfill, which is a given, the
landfill is not going away, it is not a place to have a residential area but ! think that we need to bend
over backwards to make it as residential friendly as we can, as long as people have their homes there.
Short of changing zone.
COUNCILMAN ROMANELLI: ! myself take the position that ! don't believe the zone should be
changed, ! believe that when it was changed to light industrial, it was done during the comprehensive
study and Master Plan of the town. ! also don't believe that the, ! also do believe that the
improvements to the landfill need to be made. There is a great proposal on the table now, brought
forward by Jim Bunchuk at the Landfill to really change the entrance and the exit, change the layout of
March 25, 2003
Southold Town Board-Regular meeting
10
the landfill, change the operation, get everything under a roof, so garbage doesn't blow out. It would
move the scale; it would take, in essence, the whole operation away from that one corner of the
property that it is on now. It is a great improvement; I think it needs to happen. The Town has also
addressed the drainage issue; we put money in the budget to put more rings to catch the road runoff,
that has been put in the budget. Money has been put in the budget for more screening and more
landscaping and that is there to be spent and done. Tom came forward with the proposal today for the
change in nonconforming use, which I believe the whole Board supports so, every improvement
around the neighborhood that has been brought forward has been embraced and addressed by the
Board, the only one at this point that is not fully embraced is the new landfill facility, the new building,
the new entrance, the new scale house. You know, it is a two million dollar number, there is still some
debate back and forth among some of the Board members as to whether we should spend it or not. But
it would greatly improve the operation over there. But as far as changing the zone, no, I am not a
supporter of it. I believe that it is zoned light industrial for a reason, just like every other piece of
property around it, around Cox Lane. I also do realize that there are some property owners on the, in
that neighborhood that bought that property because it was Industrial zoned and do not want it changed
also, so we also have to keep everyone in mind but I do not support a change of zone.
COUNCILMAN MOORE: I will apologize for last Tuesday, a parenting, it was not a conflict with
some other appointment, a parenting responsibility came upon me Tuesday afternoon and I called
down to Town Hall that I couldn't make the meeting, so I am sorry for that. I couldn't be there but it
was parental obligations, not some other more important meeting. I think that my family will take
precedent over most meetings. Having said that, a lot of our conversation two weeks ago talked about
the Town as being a good neighbor and everyone on board acknowledged that the Town has not been a
good neighbor to that community and we have been working hard on making improvements up there
and running our facilities better. I don't want to believe that were people disagree, that equates to
racism or lack of disrespect, so hopefully, when we disagree it is done in a respectful manner and no
disrespect is intended when people don't agree as what they want to take as an action or not take as an
action. This Town paid tremendous sums of money for a Master Plan, an overall look of what the
community should look like. And good planning over time never would put residential community up
against the heaviest and most intensive and difficult property uses that a Town has to have to operate.
We need a transfer station to operate. It is not going away. In an ideal world, I said the planners
would love to work with the Garden of Eden and start an ideal world. They never would put the
Landfill in and around residential area but that is where it is. Over time, you would like to see that
change. And so the laws in place so everyone who has a home there can continue to live there, they
can fix their homes up, they can expand their homes, that was Tom's proposal that was describing that
process because that law wasn't there to allow non-conforming homes to be replaced and expanded but
it doesn't mean that it is good planning to sit there and plunk residential neighborhood in a place,
entire square community that is all industrial. It just doesn't make for good planning. So, I don't
support changing the zone back.
COUNCILMAN RICHTER: I think that most of you who are involved in this know my position on
this and I have said on a number of occasions, my feelings are, if you can show me a good reason to
change, an appropriate reason to change, why it should change, I would be more than happy to hear it.
I still believe that that land use in that area is zoned appropriately. I don't believe, at times I have
heard, race issue being mentioned on a number of occasions. It is not a race issue; it is a land use
issue. The majority of that land, in 1957, was commercial. When they did it in 1989, they did a
March 25, 2003
Southold Town Board-Regular meeting
11
Master Plan and they used from Cox Lane to Depot, from Oregon Road to Route 48 as an industrial
area. That made sense. Around the landfill it does make sense to do that. There is, though, a number
of concerns as ! said before, that the Town should be addressing. And since ! am the last one, we have
already heard, all of them that ! can think of that ! can think of with being a respectful neighbor, we
need to make sure that the site is appropriate as far as screening goes, berms go, keeping the litter off, !
quite frankly think that it is somewhat disgusting at times when ! see the litter up against the fences
and in the backyards, these types of things need to be addressed. One of the reasons when ! showed up
for the meeting the other night, one of the reasons that ! brought that site plan was not just for the
compost; it was for the total site plan. This was not something that the Board had adopted, agreed
upon, this is something that an engineering firm did gratis for us to give us an idea with what we could
do with a new site plan for the transfer station. In that site plan it addressed a number of issues. One is
the screening around all the properties. One of the things that it had that we didn't like, possibly was
the moving of one parking lot to put more greenery behind the houses. A new entrance area to the
landfill because we know the number of accidents that are happening out front and this needs to
change. ! think the issues here are land use issues. ! don't want to hear race issues because ! don't see
any of that in our thinking process, ! really don't. ! think, we talked about compromise and where you
come forward and compromise with us, ! appreciate your efforts, ! have concerns for your area, your
hamlet area and ! don't know what to do that is appropriate. ! can't do something, in my decision
making process that is not correct. If ! do it for one, then what do ! do for the next? ! mean do ! make
exceptions where it is not appropriate? Throughout this Town we have light industrial totally mixed
with residential. ! have made that clear a number of times, Westphalia in Mattituck, Hummel Ave with
the light industrial on one side of the road and quarter acre residential lots right across the road that is
less than 30 feet wide. That is what is unique about the North Fork. It is not a perfect place, a perfect
planners dream. It is a mix of all kind of uses, hamlet business, business, light industrial and residential
and we find this all through the North Fork. Yes, we need to be more respectful of the neighborhood
and ! agree with that but no, ! don't think the zoning, ! think the zoning is correct and should not be
changed. And ! know that is not what you want to hear but that is an honest opinion. Thank-you.
SUPERVISOR HORTON: Just as one point of clarification as we are sort of discussing our views on
the Board, perhaps it is true that there are areas in Town that have industrial and residential uses mixed
together and those areas are as such because they were that way when zoning was implemented in
Southold Town, ! believe and as ! discussed this morning and in times past, ! believe that it is a very
different avenue to take when you have something that is already residentially used and overlay
industrial on it. As opposed to taking a vacant parcel and zoning it for industrial. Those are very
different scenarios and very different situations and ! feel like what has happened here over time, is
that that particular neighborhood which has been residentially utilized, regardless of what the zoning is
or was, has been and obviously has stood through the stand of time, continued as a residential
neighborhood and to consciously have light industrial use placed as the zoning of that residential
neighborhood, to consciously do that, knowing that through the stand of time, one by one a residential
lot will give way to an industrial lot and over time one by one as those are essentially picked off, the
burden on those remaining will increase. And those remaining, ! think, deserve their best of quality of
life as zoning can provide in that particular neighborhood. So it is very different than zoning vacant
land for light industry or zoning land that already has mixed use within its neighborhood. This is
already an established residential neighborhood. Would other members of the public care to address
the Board while we are on this subject?
March 25, 2003
Southold Town Board-Regular meeting
12
JIM D1NIZIO: Jim DiNizio, Greenport. I heard all of your explanations but I think that this whole
thing started with a warehouse being built next to a house, a residential. ! really don't think that these
people are even complaining about the dump. ! think they put up with it for a number of years and
really didn't complain about it. Didn't have one way or another an opinion on it. And their complaint
is, specifically, that next to a house you could have a warehouse filled with chlorine. And that is what
started this whole thing. And for you folks now to try to dilute that, that specific problem, with your
answers of respecting them with cleaning up a mess that has been there that they haven't complained
about for a number of years, to me, it angers me. Now, the reason why it would anger me is that it
shows your indifference towards them. Now, as you know, ! was a member of the Zoning Board for a
number of years and a few years back, back before the last election, we had two applications come
before us and they were very similar in that they were both churches. Now, one church was in
Mattituck, right on the big corner there, Love Lane, that nice church there with the cemetery and
absolutely no parking. And not much grass either, as the church took up most of the property and the
graveyard took up the rest. Now, these people wanted to expand that, nonconforming use,
nonconforming setbacks another 25 feet. They were going to split the church, move the steeple up and
build in a nice space for them. ! don't know what it turned out to be and they had to come to the
Zoning Board for that. Now, normally, you couldn't do that in this Town, just simply cannot expand a
nonconforming use in this Town, it doesn't happen. Well, it happened. We granted it. They built it, it
looks beautiful. And thank goodness for those people, that they got what they needed. And ! don't
think it hurt anybody in this Town to have that done. It didn't hurt traffic, it didn't hurt parking, it
didn't hurt a thing. And it made some people happy just before an election. The second church is on
the North Road, about a quarter mile, maybe a half a mile away from what we are talking about right
now, the landfill. Now, these people had been turned down because they replaced the sign out in front
of the church. Now, the problem wasn't that they replaced the sign because you can replace a sign in
place. You know, if you just tear down a sign and put up another one, that is not a problem. But these
people replaced the sign and their crime was that they lit that sign from within. Now, they didn't shine
spotlights from the outside, they put fluorescent lights inside the sign and that was their only
digression. That was their only reason for being turned down, is that the sign was internally lit. Not
asking for 25 feet of a building on a nonconforming lot, a nonconforming setbacks. They wanted to
light the sign from within. They were turned down, four to one. Because ! saw through it. Now, ! am
not saying it is blatant racism. ! certainly don't think that it is. But ! am going to tell you, these two
groups got treated differently by the people within this Town and it is happening now. All you need to
do, is to give these people what they want, which is a place to live just like the rest of us. Now, the
dump can stay the same although, ! heard a lot of talk about respect today but ! drove by it. That
doesn't look like respect to me, with the papers that are strewn about. So, you can do this in a month,
change it back to residential because that is what it was, that is what it should be. And don't let people
build commercial properties next to these houses. It is as simple as that and if you have to pay Gene
Chituk for his lot, pay him. Okay? You made a mistake. Now, ! am going to tell you how you made
the mistake, the same reason that John Romanelli was up there laughing at Craig trying to read a legal
notice. The only way you notify the people in the Town is through those legal notices and no one can
understand them. Look, this is the result. People can't read them. So make it better. But don't talk
about that there is not racism going on here, there is but you just can't see it. Thank-you very much.
REVEREND FULFORD: My name is Reverend Cornelius Fulford and I am pastor of the First Baptist
Church in Cutchogue, which is up there by the landfill. ! came to the church in 1989. And ! listened
to the comments coming from each one of the Board tonight about the zoning and my concern about
March 25, 2003
Southold Town Board-Regular meeting
13
the zoning is that the people up there by Church Lane, ! don't care how you put it and it don't have to
be racism or whatever, you can size it up either way you want it but the bottom line is that the people
have not been treated right. The people have not been treated right up there at Church Lane. Them
people had their houses up there ever since 1929. They was there before the zoning was changed.
They work hard, that is the only place that they could at the time to buy land to build their homes and
they built it there. Happily, they had their homes there and was doing the best that they could. Then
all of a sudden the landfill came and the landfill was not like it is now, not on top of the people in their
backyards. The landfill kept inching up, moving closer and closer, right up there into these peoples
neighborhood and into their backyards. And that is where the landfill is at now, so you cannot say that
in a sense, you don't want to change it on account that you did a great job when the planning came
because the first priority is the welfare and the care of those people in the residence and in this Town
that lives and that pay taxes. Your first concern would have been about those people and their welfare
but all of a sudden, the dump came. When ! came in, they are denying, the church was there and it is
not only the people as the residents, the church, the First Baptist Church from Cutchogue has people
from all over. And those people come here to worship and they are here three or four times during the
week and they are also there on Sunday, now all of a sudden you have a compost pile in the backyard,
practically of Martin, here. And that compost pile is a hazard when it comes to the scent that is coming
from the compost pile. We can have a service and come out of the church and all of a sudden our
stomachs feel like turning over on account of the odor coming from it. The paper is all there and the
trees on the ground. And all over and up against the fence and yet, we dress up on Sunday to go there
to worship, in spirit and in faith and look what is surrounding us and it is all coming from the landfill.
But most of all, is those people they have their homes there, by right, they have a right to ask you
tonight to ask you to go back to residential because as somebody so stated, it was residential before it
was light industrial. And you sit here tonight and you giving us your opinion, ! am glad that the lady
asked for your opinion because it let me know your opinion and where you stand when it comes to
how you feel about the landfill. And then you say you want to be fair, you want to be fair, you want to
treat everybody right. Treating everybody right is whatever these people ask for when it comes to their
homes, when it comes to their welfare, when it comes to raising their children, when it comes to doing
things that are right in the community, it is not taking advantage of those people and those peoples
homes but letting those people live a decent and normal life as best that they can in that neighborhood.
And you just made a statement that you want to fix it up, you want to make it nice, fixing it up that
landfill and making it nice does not get rid of the odor coming from the compost pile. It is going to
still be there. The dust that comes when people go outside and try to go outside and sit outside in the
summertime and just enjoy themselves and have lunch outside because that is their property, they can't
do it on account of all that dust. All the paper that is still blowing whatever, that is in their backyard
and you cannot, the only way that you can do that is, to do what you are supposed to do. You need to
move the compost pile, you need to get rid of the paper, you need to go back to residential, so these
people can have a normal and decent life and do the best that they can. That is what you need to look
into. Because what you are saying now, well, ! will fix this up and ! will make it livable so that you all
can live there whatever, no matter what you do, it is still going to be there. You have got to get rid of
some of the things, you need to put it back to residential and then you need to move the compost pile.
And you don't need to have light industrial because, ! don't care how you slice it or cut it, light
industrial means that somebody can come in and build things there. Right on top of those that are there
and those people they don't have room, they have children that are living there and my concern is from
a pastor's standpoint; the welfare of the people. That is my whole entire concern and ! am so hurt
tonight to listen and those people that pay taxes here and those people that are a part of this, we are all
March 25, 2003
Southold Town Board-Regular meeting
14
here together to look out for one another and when we treat neighbors, with families, that pay taxes
here in this Town like that, then my heart is heavy because we are not treating one another right. Then
you made a statement that other places got light industrial, ! agree with the Supervisor, they might
have light industrial but not like this. They are not by no landfill, they are not by no compost pile and
they are not by no sand that blows all over and the odor and everything, paper all over their yards and
in their trees. You might have light industrial in this Town but it is not like that area down there. And
that is the main focus, the welfare and concern about these people. It is making them sick, you have
older people, Viola Cross, Helen Brown and ! don't know how many go to the doctors' and the
doctors' give them the report on account of the dust and the compost piles and all, and you are making
them sick. And something really needs to be done. And how are you going to do it, ! will tell you how
you are going to do it, if you want to do it. Give the people back their residential, move that compost
pile, clean that paper up and we can make that up and we can make that place around there a beautiful
place. God bless you.
MS. TOLL: ! don't ascribe to calling names, Craig and ! wouldn't stand here and call you racist by
any means. But ! want you to know what we hear on this side and how it appears. We have an
enclave, a community that is identified racially. They are an African-American community and you
spoke about the property rights of the white property owners up there who want to build industrial.
You mentioned it.
COUNCILMAN RICHTER: ! never mentioned it that way.
MS. TOLL: Yes, no well, you didn't say the white property owners.
COUNCILMAN RICHTER: Of course not.
MS. TOLL: That is what ! am saying but we all know, therefore there is an appearance that your
concern is for these industrial property owners. You said, they bought; they have property rights.
There wasn't that same concern in 1989 and that is what needs to be addressed. The community says
that they will recognize these other property owners as having an interest and therefore, have sort of
compromised. ! have heard it said, that they will consider residential office. That gives the other
developers, as it were, some interests, some opportunity to develop their property in a way that is
reasonably consistent with a residential neighborhood. It preserves their propertyvalue, their residences
and still they are choosing to respect the rights of the other property owners. ! think that they are kind
of asking the same thing, a meeting in the middle.
COUNCILMAN RICHTER: Let me just say, the decisions and the reasons ! make decisions is that !
look at why things were done when they were done. When that was done, rezoned, in 1989 and !
wasn't involved at the time, ! can imagine that the reason was around the landfill you have what has
been dumped in that landfill many, many, many years. You take a couple of reasons, they went in that
whole block and they rezoned that whole block. At that time, you don't know what is in the water-so
you know #1, that is not good for people to be drinking. Around the landfill you are going to get
odors, you are going to get smells. That is not a place that you want to promote residential living. !
really don't ....
March 25, 2003
Southold Town Board-Regular meeting
15
MS. TOLL: IfI may add, yet the test wells on the property that they wanted to develop for residential,
very expensive property overlooking the Sound, they were looking for a four-way subdivision. They
wanted to develop the property into very expensive homes, north on the Oregon Road side, the water
was found to be polluted. We all know where the pollution is coming from, it is coming from the
dump. It is right there. That was not changed to industrial. You know what they are going to do, they
are going to bring in new water and let rich people build homes up there at some point or another,
regardless of what zoning. Somehow, it is going to be developed up there.
COUNCILMAN RICHTER: I believe you.
MS. TOLL: But you are telling me that this, where people are already living, is incompatible with
living. Then let's fix it. Just as we fixed the Temik for you and ! and the rest of the Town.
COUNCILMAN RICHTER: See, ! also believe that the people have every right to be there and they
should be there and when that is your home and that is your property. And the Reverend just
mentioned a moment ago when we were talking about respectful neighbors, ! do think, ! know that
Jimmy doesn't agree with me on this but ! think that the landfill is an issue involved in this. ! believe
that that area, you take a ride up and walk the properties. ! have lived in different places where ! have
lived next to manufacturing plant; that was actually, that didn't bother me. First of all, the Planning
Department is not going to go let them put up a cesspool pump-out station there or something. They
are going to make sure that the uses are respectful, that the site plan is respectful, those things are
going to happen.
MS. TOLL: Item #, let's see, 206 is it? #206, Eugene Chituk versus ZBA, was he turned down for
property up there?
COUNCILMAN RICHTER: Yes.
MS. TOLL: Is he not appealing to a three-judge panel?
COUNCILMAN RICHTER: Yes.
MS. TOLL: To overturn the ZBA ruling.
COUNCILMAN RICHTER: One judge.
MS. TOLL: Is McCarthy one of the other property owners pursuing a similar path? Is it not outside of
your hands because it is zoned as it is zoned. On appeal.
SUPERVISOR HORTON: You are correct.
MS. TOLL: Therefore, you can fix it. ZBA can't fix it, Building Department can't fix it. You do
have the power to fix it to protect these people and that is what ! think most of their supporters feel.
And ! am sorry, ! didn't mean to come and ! didn't come up here to speak just to you, Craig.
March 25, 2003
Southold Town Board-Regular meeting
16
COUNCILMAN RICHTER: That is okay. I don't mind. I mean, this concerns me. This is an
important issue, this is an issue that needs to be addressed.
SUPERVISOR HORTON: But it is not important enough to change.
COUNCILMAN RICHTER: No, because I don't think, if I change then I compromise what I believe
in. I believe that it is an appropriately zoned ....
SUPERVISOR HORTON: You believe that this neighborhood, one by one, should be picked off for
industrial?
COUNCILMAN RICHTER: Josh, don't tell me that I think it should be picked off one by one, that is
not my reason...
SUPERVISOR HORTON: Well, whether you say it that way or in a flowery way, that is the reality.
COUNCILMAN RICHTER: Excuse me. No, the reality is ....
SUPERVISOR HORTON: Well, this issue has been discussed at length with the Town Board at work
sessions and we are here in a public forum so I, we will continue in that vein. Mrs. Taylor.
BARBARA TAYLOR: Barbara Taylor, Cutchogue. I am just going to address three issues. I can see
a Board of six and I can see a vote of 5-1 against us, not in our favor. The second issue is, you said
that it is not race, well, when you look at the overall Town of Southold when you start at Laurel, there
was only one African-American community and that was there we live and the people in Greenport.
Other than that, throughout the Town of Southold you do not see any other neighborhoods of African-
American people or people of color. So you cannot say that this is not an issue on race. And as far as
the overlay, Mr. Wickham, you say that we could keep it zoned industrial and we could rebuild our
houses and we could add on but if my brother-in-law who lives next door to me decides to sell his
property, who is to say that an oil company or something won't come in and then I will be totally
blocked in. Because I have the landfill on the back of me, I have the Town on the south of me, I
already have one building over and just my brother-in-law and I have the North Road in front of me.
So I would be one of those people and we are being picked off because if people continue to sell we
will be like the American Indians. We will be extinct in that community. Thank-you.
FRANK CARL1N: Frank Carlin. I haven't been saying too much about this issue but I have been
watching it very carefully. I have got a very simple solution to solve this whole problem. Close that
landfill right down. And don't look at me that way, Bill Moore. I am going to tell you why. I don't
have the time tonight to explain it in detail but I will in the future; why I think it should be closed down
and I will give you facts. Because for me, it is getting to be an empire over there. And I can remember
back in 1990 when the DEC was supposed to padlock that gate and they didn't do it, that was the
biggest mistake that ever happened to Southold Town and somehow in 14 years the Town got away
with it and finally had to close the landfill down. But if that would have been closed back in 1990, I
don't think these people would have had that problem. We don't need that landfill. Riverhead was
smart. They closed down their landfill. They went to curbside garbage pickup. What is wrong with
that? You don't need that landfill, don't let none of you people up there tell me that you need it
March 25, 2003
Southold Town Board-Regular meeting
17
because I will prove to you that in the future you don't need it. You don't need it. The burden for the
taxpayer and now Mr. Bunchuk is trying to convince the Board he wants another 2.6 million dollars to
improve his garbage set-up there. His empire, put it this way. That is what it all amounts to. I lived
here for 50 years, I know all about that landfill. I know all about the rats, I used to go down there and
see them and I used to go down there and shoot them. I know about how they used to dump raw
sewage back there on the north-west corner. I've got pictures of it in color home. Raw sewage they
dumped for years there. They finally closed it down. And these people had to live around there like
that. I will tell you one thing, you people should paying these people that live there not these people
pay you to live there. But I will tell you one thing, the next Board meeting, I will prove to you how
that landfill should be closed down because I don't have the time now but I have got it all in facts.
SUPERVISOR HORTON: Thank-you, Mr. Carlin. Mrs. Cross.
VIOLA CROSS: I am Viola Cross, from Church Lane. I have heard so much tonight about
appropriate. It is not good for people to live around the landfill, then why did they put it there? People
were living there before the landfill came and now that other people have bought in to our community
they weren't, nobody was interested in that property until the landfill was being capped and we have
access to street water. Now, everybody wants a piece of the pie. We are not going anywhere and as
far as an overlay, why not RO? I understand that these people bought into that area under the premise
that it was light industry. I feel for them. But what about us? We have been there for over 60 some
years. Don't we have some rights, too? And about the compost; with all the bags that I saw out there
the other day, bags and bags and bags of leaves, I know eventually there will be rats because they are
coming in my house, in my living room I have a hole that big, from that landfill. So, and then there is
Mrs. Martin, she is here today; she said that she is too nervous to get up to the microphone but Mrs.
Martin has been to the doctor three times in five days because of an allergy that she is getting from that
compost. We have headaches. I walk from my house to the church and I had a headache. And now
the people that come in, what are they doing? They are covering their mouth and their nose so they
can get into church so that they can worship God. I don't understand, you were saying that it is not
appropriate but we were there, we were there. And where are we going now? Why should we
consider going anywhere now? Everyone is saying that we don't have to move, of course we don't
have to move. We pay our taxes, so why should we have to move? But I don't understand why you
can't just think of this little hamlet, where we don't bother anybody and you don't see policemen in
and out, like you do a lot of neighborhoods and it is just quiet and I am retired and I used to could sit
out there, I can do it now but with the odor and I called the DEC and the Health Department, I have
called the County about the water. I spoke to Mr. Bunchuk about the water on Church Lane with the
mosquitoes and everything, that he didn't do anything about it and I called the County and they came
down. And I don't know what is going to be done about it but the water is still on Church Lane. We
are to be considered. We are people and we are residents of Southold Town. And we should be
recognized as, so we can have a quality of life, that we can sit out on our porches and have a picnic on
the lawn. We are not going away, either.
VALERIE SHELBY: Valerie Shelby. It just hurts me when you say that you are not racist, when you
look at me and you look at you and you do the things that you do to the people of my color; then what
do you call it? What do you call it? America, America, we are engaged in a war to free the Iraqians.
Why don't we free Church Lane? We fight all over to free people and yet we keep right here in
bondage. I don't think that it is fair. And then if we speak out, ifI speak out just because of who I am,
March 25, 2003
Southold Town Board-Regular meeting
18
you think that ! am speaking out because of racism. We are speaking out because we want to be
treated fair. They want to be treated fair. ! was born and raised in Southold Town, ! could have lived
anywhere. ! have a business, ! could have moved back to New York. ! chose to live here, ! love it
here. But ! don't love what you do to us here. ! didn't just, my family didn't just move here. They
didn't just move here, we probably were here more than a lot of you up there. A long time resident of
Southold Town. And you treat us so unfair. It is not fair. And no, the issue was about a chemical plant
being put there but ! go past it now and you can't even step out, the dump is all over. It wasn't in their
backyard before. It is not fair. It is called the NIMBY. Not in my backyard. As long as it is up there,
it is alright. It is not fair, it is not fair. Just think, it is not fair. Free Church Lane.
MRS. EGAN: This is an observation. A very good observation. I noticed at the last Town Hall
meeting, big, pricey people. There was even a doctor here. Boy, they got their stuff through, didn't
they? Things were passed pretty good for them. Money talks. Don't tell me it doesn't. ! think that
what is also going on here is a terrible thing and you know what it is? A house divided is a house
falling. And ! think you are all plotting and planning the next election. And you are picking sides.
And Mr. Moore will maybe be with Mr. Yakaboski and maybe Mr. this one will be with Mr. that one.
And Mr. Romanelli maybe wants to be the Town Supervisor. But what you are forgetting is that these
people are human beings and you are treating them like dirt. But the important thing is that you are not
working together. At one point, Mr. Wickham, you suggested that these people move out of the area--
get out, get out of here, leave you--you did to, you are on tape, Mr. Wickham, you are on tape saying.
You are on tape saying that. Do you deny it, it can be proven. The tapes are stored here. When do
you people think, when do you think. ! don't think you think. ! think you are reacting to money and
politics and god help you because again, it is nothing but money and politics and we will be watching
you very carefully. Josh, ! don't know why you would want to run again and have that rot with you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board?
LAVERNE TAYLOR: Laverne Taylor, Cutchogue. The closest that ! remember coming to feeling
like ! have been treated with racism is when ! was like 6 years old, ! am from Maryland and ! wanted
to go to this movie and my mom said that ! couldn't because ! was black. And ! feel, ! haven't had that
feeling for a long, long time. Until now. And ! just can't understand why you see things the way you
see things and what ! want to do is to just ask you, when you go home tonight, just really think with
your hearts, not with your minds, with your hearts. What we are going through. It is not right morally.
It is wrong. And if you are up there to say that it is not morally wrong, then something is wrong.
Please, just have mercy upon us. Just think about it with your hearts. Really. Thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board? (No response)
Okay. ! am not dismissing the issue. ! think the Board has stated to the best of its ability on an
individual basis where everybody is coming from. So ! am going to move forward with the meeting.
Understand that ! just don't know. ! don't know where to go with the issue. We commence this with
the floor for people to address the Town Board on the Town Board resolutions. We do have, ! believe,
a couple of public hearings. So at this point, we will move forward with the public hearings.
RESOLVED that the Town Board meeting be and hereby is recessed at 8:00 P.M. for the purpose of
holding two public hearings. 1. Hearing on "A LOCAL LAW IN RELATION TO EXEMPTION
March 25, 2003
Southold Town Board-Regular meeting
19
FOR DISABLED PERSONS WITH LIMITED INCOME."; 2. Hearing on "A LOCAL LAW IN
RELATION TO SENIOR CITIZENS EXEMPTION."
Meeting was reconvened at
SUPERVISOR HORTON: Are there members of the public who would like to address the Town
Board on any resolutions on the printed agenda?
MELANIE NORDEN: Melanie Norden, Greenport. This is just a matter of my own edification.
Resolution # 202, does this mean that at present a Local Law in relation to exemptions has been
drafted? And if so, is that available for review or does it mean that at a public hearing, such a Local
Law will be presented?
SUPERVISOR HORTON: That will be, if I am not mistaken, that will be for review and I think we
will have that .... that will be publicized.
TOWN ATTORNEY YAKABOSKI: That is already before the Board. That will be available in the
Town Clerks Office to pick up a copy.
MS. NORDEN: Or will it be publicized in the paper.
SUPERVISOR HORTON: And on the website. Yes, it will be. But it will be legally noticed.
MS. NORDEN: Right. Legally noticed. But will the terms and conditions of such exemptions be in
the paper?
SUPERVISOR HORTON: Yes, the entire, every bit of that legislation as proposed for change will be
printed in the newspaper.
MS. NORDEN: And will these changes, that are very similar in regard to the type of changes that are
extent with the current moratorium or are these changes, ! mean these are procedural with such things
as hardship changes or are these much more fully fleshed out?
COUNCILMAN MOORE: They are really fleshed out. One branch is for applications which were in
the pipeline completely done and got snagged by the enactment of the moratorium and the second one
is someone seeking a modification to a permit already granted. And they can go back and revisit that
permit, as long as the relief requested was more environmentally beneficial than that which was
already granted. So actually a better permit.
MS. NORDEN: Okay, thank-you.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on the resolutions?
(No response) We will move forward with the reading and voting of the resolutions.
March 25, 2003
Southold Town Board-Regular meeting
20
#173
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that pursuant to the provisions of Chapter 59 and Chapter 6 (2% Community
Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~
April 8~ 2003~ at 5:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the
time and place for a public hearing for the purchase of the property of NOFO Associates (a.k.a.
J. McFeel¥). Said property is identified as SCTM #1000-125-1-14. The property is located on the
north side of Main Road in Mattituck. The subject property is approximately 30.8 acres in area. The
proposed Town acquisition is for approximately 12 + (subject to survey) acres. The County is
purchasing approximately 12 + additional acres. The total preservation area of the Town and County
acquisitions is approximately 24 + acres.
The purchase price is $60,000 (sixty thousand dollars) per acre for the Town's 12 acre acquisition. The
purchase price for the County is the same per acre value. The exact area of the purchase is subject to a
survey acceptable to the Land Preservation Committee and the County of Suffolk. Other than the land
acquisition cost, all costs associated with the acquisition are to be shared between the Town of
Southold and the County of Suffolk.
The property is listed on the Town's Community Preservation Project Plan as property that should be
preserved. The property is located within the Special Groundwater Protection Area. In addition to
protection of the SGPA, the property is significant for open space and recreational (trail) purposes.
Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity,
which may include the establishment of a nature preserve with passive recreational trails.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold,
New York, and may be examined by any interested person during business hours.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#174
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton sign a grant application for the Southold Town Justice Court
for funding under the Justice Court Assistance Program.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#175
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Pat Conklim Damon
Rallis and Michael Verity to attend Code Enforcement Training scheduled for April 9~ 2003 and
May 7~ 2003 at Fireman's Park Paviliom Lindenhurst~ New York. All classes will run from 8 am -
5 pm. The above classes are required for all new Code Enforcement Officials and will also provide
mandatory in-service training for myself. All registration, travel expense to be a legal charge to the
Building Department 2003 budget.
March 25, 2003
Southold Town Board-Regular meeting
21
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#176
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby releases Georgia Rudder from
her current provisional appointment as Building Permits Coordinator with the Building
Department, effective March 24, 2003, and be it further
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Georgia
Rudder to Administrative Assistant in the Southold Town Building Department at a salary of
$42,583.77 per year effective March 25, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#177
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicles to
be surplus equipment:
1965 13 foot Boston Whaler
1998 Ford Crown Victoria #884 - V1N 2FAFP71W1WX163144
and be it further
RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise the above
surplus equipment for bid.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#178
HELD
#179
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase in the
2003 Community Development Pro,ram Budget of $ 7~400.00 to be used for the Oysterponds
Playground Project Budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#180
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold is proposing amendments to the
Community Development Block Grant 1996 Program Budget, as follows to wit:
March 25, 2003
Southold Town Board-Regular meeting
22
Current New
Project Budget Increase Decrease Budget
Job Skills Training $10,761.47 -0- $10,761.47 -0-
Peconic Lane Park -0- $10,761.47 -0- $10,761.47
RESOLVED that the Town Board of the Town of Southold hereby sets 5:10 P.M.
Tuesday~ April 8~ 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York
11971~ as the time and place for a Public Hearing to hear citizens on the aforesaid proposed
amendments. Interested citizens should attend this meeting to comment on the proposed changes.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#181
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Harold's LLC to
accomplish the pump out of the holdin~ tanks for the Fishers Island Sewer District at a cost of
approximately $7,334; said cost shall be a legal charge to the Fishers Island Sewer District 2003
budget (SS2.8160.4.000.000).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#182
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Detective Beth
Dzenkowski and Police Officer Peter Onufrak to attend the 2003 New York State DARE Officers
Association Annual Training Conference at Turning Stone Conference Center, Verona, New York,
commencing on Sunday, April 27 through Wednesday, April 30, 2003.
Training will be for the new revised DARE curriculum and is required for all DARE officers in order
to maintain their certification and continued instruction.
Conference costs will be as follows:
Registration:
Lodging:
Transportation/Meals:
$160.00
210.00
100.00
$470.00 per person
Total cost for two officers would be $940.00 and would be a legal charge to the Police Department
Training budget line - A.3120.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#183
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
March 25, 2003
Southold Town Board-Regular meeting
23
RESOLVED that the Town Board of the Town of Southold hereby grants H2M Group the
authority to provide full-time inspection services in connection with the replacement of Brushes
Creek Bridge at a total cost not to exceed the sum of $35,000.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#184
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for Justices
Price and Bruer to attend an OSC Teleconference program at Suffolk County CCE, 246 Gritting
Avenue, Riverhead, on April 8, 2003. Registration fee is $ t 0 per person and is to be a legal charge to
the 2003 Justice Court budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#185
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Mr Anthony
Abruzzo~ Licensed Land Surveyor~ to survey the southerly terminus of Griffing Street as well as
the property owned by Alfred J. Terp immediately to the East of Griffing Street to verify site
conditions prior to construction of the purposed Public Parking Lot, and shall be a legal charge to the
Gritting Street Capital Project 2003 budget (H.5650.2. tOO. tOO).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#186
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
WHEREAS, Grace Quality Used Cars, Inc., the highest bidder on two (2) of the three (3) used
vehicles awarded on February 25, 2003, has declined to honor their bid; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby accepts the following next
highest bids on the two (2) used vehicles:
Police Car's Unlimited, in the amount of $2727.00 for asset #2519, V1N #194073
Jared Doroski, in the amount of $857.00 for asset #2515, V1N #194069
and be it further
RESOLVED that the Town Board declines to release Grace Quality Used Cars~ Inc. $100 bid
deposit.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#187
Moved by Councilman Richter, seconded by Councilman Wickham, it was
March 25, 2003
Southold Town Board-Regular meeting
24
RESOLVED that the Town Board of the Town of Southold hereby authorizes Valerie Scopaz~ Town
Planner to travel to New Paltz~ New York on April 7 & 8~ 2003, as she was invited to speak at a
Scenic Byways Corridor Management Meeting. All expenses for this trip will be paid by the
Shawangunk Mountain Scenic Byways Committee, and be it further
RESOLVED that the Town Planner be authorized to travel to Warwick~ New York on a fact-
finding mission to investigate its Planning measures~ and to continue to travel to Albany to
deliver the Town's LWRP~ on April 9th & 10th~ 2003. Travel to be by town vehicle. All meals,
lodging and other expenses for this trip shall be a legal charge to the 2003 Planning department budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore,
Supervisor Horton. No: Councilman Romanelli. Absent: Justice Evans.
This resolution was duly ADOPTED.
#188
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck Chamber of Commerce to close Love Lane and Pike Street East and West of Love
Lane in Mattituck on Saturday, July 12, 2003 from 8:00 a.m. to 4:30 p.m. with a rain date of Sunday,
July 13, 2003, providing they file with the Town Clerk a One Million Dollar Certificate of Liability
naming the town as additional insured and contact Lt. Flatley ten (10) days prior to the event to
coordinate traffic control.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#189
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
Oysterponds Union Free School District to use the following roads on Saturda¥~ May 10~ 2003 at
approximately 10:00 A.M. for a 5K Run/Walk race: Main Road, Platt Road, Halyoke Road,
Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and
Tabor Road in Orient, provided they file with the Town Clerk a One Million Dollar Certificate of
Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior
to the event to coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#190
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to enter into an extension to the lease agreement between the Town
of Southold and Leander Glover~ Jr. for the use of a storage facility for the purpose of providing
winter storage for equipment used by the Southold Town Highway Department and Public Works
Department located on Cox Lane, Cutchogue, at a cost of $500.00 per month, on a month-to-month
basis.
March 25, 2003
Southold Town Board-Regular meeting
25
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#191
Moved by Councilman Richer, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Chan;~e Order #1 for
the Brushes Creek Bridge Construction Proiect: to allow for the installation of oak piles in lieu of
steel monotube piles at a resultant cost savings of $16,225.00, as approved by the office of H2M, the
Town's Consulting Engineer for this project.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#192
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lieutenant
Martin Flatle¥ and Sergeant James Ginas to attend the Accreditation Training - "Program
Manager Workshop" being offered through the Office of Public Safety, Law Enforcement
Accreditation Program - NYS Division of Criminal Justice Services, commencing on Wednesday,
April 23 through Thursday, April 24, 2003, to be held at and hosted by the Orange County Fire
Training Center, 9 Training Center Lane, New Hampton, New York from 0900 hours to 1600 hours
each day.
There is no charge to attend. The only expenses incurred would be for accommodations, tolls, gas and
meals. ! have enclosed a copy of the "NYS Law Enforcement Accreditation Program" booklet for your
review to better explain the benefits of accreditation.
All costs would be a legal charge to the Police Department Training budget line - A.3120.4.600.200.
COUNCILMAN MOORE: ! heartily endorse this, ! have asked the Chief for quite some time to
participate in this program.
SUPERVISOR HORTON:
endorse this?
COUNCILMAN MOORE:
Councilman Moore, ! didn't catch your comment. Your hardly or highly
Heartily.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#193
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
Revenues:
A.2025.00
A.2705.40
Appropriations:
Special Recreation Facilities
Park & Playground
Gifts & Donations, Other
$46,045.00
2,000.00
March 25, 2003
Southold Town Board-Regular meeting
26
A. 1620.2.500.825 Buildings & Grounds, Capital Outlay
Cochran Park $ 48,045.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#194
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste
Coordinator~ Jim Bunchuck to attend the 2003 Federation of New York Solid Waste Associations
Spring Conference, from May 4 to May 7, 2003, at Bolton's Landing, New York, with all necessary
expenses for travel, food, and lodging to be a legal charge against the 2003 Solid Waste District
Budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#195
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby declares as surplus the property
located at 52875 Main Road~ Southold~ designated as Tax Map #1000-61-1-5, also known as
"Whitaker House & Carriage House", as it is no longer needed for the purpose for which it was
acquired.
COUNCILMAN RICHTER: Comments, yes. One of the reasons that this has come up and ! believe
that whenever you can have the opportunity to purchase property alongside your business or
government facility, it is not a bad thing to do. ! think that it was appropriate at the time because we
were looking at expansion of this building. Consequently, over time and being involved with projects
or proposed projects for this building here and the grounds surrounding it, ! have to say that ! don't
believe that we know, we do not need to have the Whitaker-Thompson House. ! also believe that the
renovation project as stated earlier this evening not to be so expensive, ! find it to be very expensive.
We have done preliminary costs to renovate that house to make it suitable for government purposes, it
would be expensive. Thank-you.
SUPERVISOR HORTON: Thank-you, Councilman Richter. Are there any other comments from the
Board? (No response).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Supervisor Horton. No:
Councilman Romanelli, Councilman Moore. Absent: Justice Evans.
This resolution was LOST.
#196
HELD
#197
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies 2003 Solid Waste
District budget~ as follows:
To
March 25, 2003
Southold Town Board-Regular meeting
27
SR 8160.2.500.450
SR 8160.4.100.580
SR 8160.4.100.565
SR 8160.4.100.570
SR 8160.4.400.100
SR. 8160.4.400.670
From
SR 8160.4.100.640
SR 8160.4.100.575
SR 8160.4.400.805
Vote of the Town Board:
Radio Equipment $ 2,000.00
Maint- Ford Tractor $ 5,000.00
Maint/Supply Mack Quarry Truck $ 600.00
Maint/Supply John Deere 644 $ 500.00
Engineering $ 2,600.00
Mack Quarry Truck Repairs $ 500.00
Maint/Supply Trailer Fleet $ 2,600.00
Maint/Supply Leaf Shredder $ 5,000.00
MSW Removal $ 3,600.00
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#198
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y.
Norton to enter into contract with Telelanguage interpretation Services at a flat rate of $1.55 per
minute, 24/7/365 all languages, on behalf of the Southold Town Justice Court.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#199
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Norton to execute a Third Amendment to the agreement between the
County of Suffolk Office for the Aging and the Town of Southold for the CSE Social Adult Day
Care IFMS No. SCS EXE #02000006269 for the period April 1, 2002 through March 31, 2003 at an
agreed cost not to exceed $77,558.00 and conditions and payments as set forth in the agreement;
subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#200A
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the acquisition of
trucks with combination dump bodies and paving equipment for use by the Town Nighwa¥
Department is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6
NYCRR Section 617.5 (c), and is not subject to review under SEQRA.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
March 25, 2003
Southold Town Board-Regular meeting
28
#200B
Moved by Councilman Moore, seconded by Councilman Richter,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED MARCH 25, 2003, AUTHORIZING THE ACQUISITION
OF VEHICLES AND EQUIPMENT FOR USE BY THE TOWN
HIGHWAY DEPARTMENT AS FOLLOWS: (A) TRUCKS WITH
COMBINATION DUMP BODIES, AT THE ESTIMATED MAXIMUM
COST OF $300,000, AND (B) PAVING EQUIPMENT, CONSISTING
OF A PAVER, A ROLLER AND A TRAILER, AT THE ESTIMATED
MAXIMUM COST OF $100,000; STATING THE ESTIMATED TOTAL
COST THEREOF IS $400,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF $400,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of
all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold, in the County of Suffolk, New York
(herein called the "Town"), is hereby authorized to acquire vehicles and equipment for use by the
Town Highway Department as follows: (a) trucks with combination dump bodies, at the
estimated maximum cost of $300,000; and (b) paving equipment, consisting of a paver, a roller
and a trailer, at the estimated maximum of $100,000. The estimated total cost of said specific
objects or purposes, including preliminary costs and costs incidental thereto and to the financing
thereof, is $400,000 and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $400,000 serial bonds of the Town to finance said appropriation and the
levy and collection of taxes on all the taxable real property in the Town to pay the principal of
said bonds and the interest thereon as the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of $400,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to
finance said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
(a) (i) The period of probable usefulness applicable to the specific object or
purpose for which $300,000 of said serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 29 of the Law, is five (5) years; (ii) the period of probable
usefulness applicable to the specific object or purpose for which $100,000 of said serial bonds
are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is five (5)
years.
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for
expenditures made after the effective date of this resolution for the purpose for which said bonds
are authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
March 25, 2003 29
Southold Town Board-Regular meeting
to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has
heretofore determined that each specific object or purpose herein above described in Section 1 is
a Type I! Action as defined in said Act and the Regulations promulgated thereunder and no
further review is required.
(d) The proposed maturity of the bonds authorized by this resolution will not
exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution, and any bond
anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of
validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in
anticipation of said bonds, shall be general obligations of the Town, payable as to both principal
and interest by general tax upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds, and any notes issued in
anticipation of the sale of said bonds, and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 21.00 relative to the authorization of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the
Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes
and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein
authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal
officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any
notes issued in anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, 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
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This bond resolution shall take effect immediately..
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to cause the bond resolution
adopted next preceding this resolution to be published, in summary in the "Traveler
Watchman", a newspaper published in Southold, in said Town and hereby designated the official
newspaper for said publication, together with a Notice in substantially the form as provided by
Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of
the State of New York.
March 25, 2003
Southold Town Board-Regular meeting
30
Section 2. This resolution shall take effect immediately.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#201
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Colony Truck
Center~ in the amount of $22~900.00~ for the purchase of one (1) 1988 Ford cab and chassis for use
by the Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#2O2
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 25th day of March 2003 a Local Law entitled "A Local Law in relation to
Exemptions to Board of Trustees Temporary Moratorium" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 530905 Main Road, Southold, New York, on the 8th day of
April 2003 at 5:15 p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed local law entitled, "A Local Law in relation to Exemptions to Board of Trustees
Temporary Moratorium" reads as follows:
LOCAL LAW NO. 2003
A Local Law entitled, "A Local Law in relation to Exemptions to Board of Trustees Temporary
Moratorium".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- To provide exemptions to moratorium law for applicants who completed review process
prior to effect of Temporary_ Moratorium. Additionally to provide exemptions to applicants who are
seeking to renew a validly issued permit, or seeking to amend a validly issued permit with a more
environmentally beneficial or neutral modification.
II. Local Law No. 1 of 2003 is of the Town of Southold is hereby amended as follows:
Section 1: Legislative Intent
The Town of Southold possesses a rich heritage of scenic, historic and natural resources which
are vital to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north
by the nationally recognized estuary of Long Island Sound and to the south by the nationally
recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than
2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York.
The local economy is based on two traditional industries and a third, newer, but strong industry:
farming, recreational and commercial fishing and tourism/second homes. The economy is based
squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and
sensitive. Protection of that environment therefore is of utmost importance to the Towns financial
health and long-term future.
March 25, 2003
Southold Town Board-Regular meeting
31
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of
Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of farmland and agriculture.
In August 2002 the Town of Southold adopted a moratorium on the review and granting of major and
minor subdivisions and approvals for multidwelling development. The purpose section of that
moratorium stated in part that "The Town Board finds that increased growth and development within
the Town of Southold are placing severe pressure on water supply, agricultural lands, open and
recreational space, the rural character of the community and natural resources located within the
Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter
97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in
Chapter 97 should have the practical effect of ensuring that new development and redevelopment are
in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality
is that the laws set forth in Chapter 97 to protect wetlands and wetland boundaries are not having this
effect.
Two critical studies and analysis which include the Town's wetlands, wetland boundaries and
natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the
Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and writing, completion of a LWRP for the Town of
Southold is imminent. In addition, the Comprehensive Peconic Estuary Management Plan has recently
been adopted. The LWRP is a comprehensive plan for the entire Town. As waterfront land has, in
certain instances, been inappropriately developed, Town waters and habitats have been negatively
impacted. One example of this is the closure of shell fishing areas such as Mattituck Creek and James
Creek due to an increase of coliform bacteria from septic systems and stormwater runoff, to name just
two sources.
The LWRP and the Peconic Estuary Plan recommend several land use measures that should be
adopted by the Town to augment estuary protection. The Town and the Board of Trustees intend to
carefully consider and possibly implement these recommendations
The Board of Trustees and the Town will use the moratorium time to evaluate the effects, both
singularly and cumulatively, of these actions in order to minimize damage from erosion, turbidity or
siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, lost of aquatic
wildlife and vegetation and the destruction of the natural habitat thereof, to minimize the danger of
flood and storm-tide damage and pollution, and to otherwise protect the quality of wetlands, tidal
water, marshes, shorelines, beaches, dunes, bluffs and natural drainage systems for their conservation,
ecological, hydrological, economic, aesthetic, recreational and other public uses and values, and
further to protect the potable fresh water supplies of the Town from the dangers of drought, overdraft,
pollution from saltwater intrusion or inappropriate land uses and misuse or mismanagement.. A
moratorium will give the Town and the Board of Trustees time to consider and implement the LWRP
and the best land use techniques for protecting its waterfront resources.
This moratorium addresses the fact that new growth in the form of new structures on existing
waterfront lots and underwater lands poses a similar potential to impair the Town's unique
environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be
vacant or developed, residentially or commercially zoned, do not conform to current zoning in that
they are smaller than the minimum required acreage. Therefore, the development and redevelopment
of these lots is of utmost concern because these activities have the potential to cause further harm to
March 25, 2003
Southold Town Board-Regular meeting
32
the coastal environment. This moratorium will enable the Town and the Trustees to focus on crafting
and implementing a strategy to ensure that it actually achieves its comprehensive planning objectives.
This action is necessary in order to protect the character, natural resources and environment of the
Town of Southold and the public health, safety and welfare of Town residents.
Section 2: Enactment of a Temporary Moratorium
For a period of twelve (12) months following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other Local
Law adopted by the Town Board within the twelve (12) month period:
1) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of $outhold for any new residential
or commercial structure/building on vacant land;
2) The Board of Trustees of the Town of Southold shall not accept for review, continue
review, hold a hearing or make any decision upon any application (new or pending) made
pursuant to Chapter 97 of the Town Code of the Town of $outhold for any "operations" (as
that term is defined in Chapter 97) below the high tide line of any "tidal waters" (as that
term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as that
term is defined in Chapter 97)
Section 3: APPLICATION
1) This Local Law shall apply to ALL (new or pending) applications seeking a Chapter 97
permit from the Board of Trustees of the Town of $outhold for any new a residential or
commercial structure/building on vacant land or any "operations" (as that term is defined
by Chapter 97 of the Southold Town Code) below the high tide line of"tidal waters" (as
that term is defined in Chapter 97) or in standing water of any "freshwater wetlands" (as
that term is defined in Chapter 97)
Section 4: EXCLUSIONS
This Local Law shall not apply to:
1) the ordinary and usual operations incidental to the cultivation and/or harvesting of fish and
shellfish;
2) the ordinary and usual operations relative to conservation of soil, vegetation, fish, shellfish
and wildlife;
3) the ordinary and usual operations relative to agriculture, aquaculture or horticulture;
4) the ordinary and usual maintenance or repair of a presently existing permitted building,
dock, pier, wharf, bulkhead, jetty, groin, dike, dam or other water control devise or
structure;
5) the construction of a registered bulkhead, which is to replace an existing functional
bulkhead, provided that the new bulkhead is constructed substantially similar to the design
and measurement of the existing bulkhead and located in place of the existing bulkhead;
6) repair or renovation to existing residential or commercial building or structures;
7) accessory structures above the high tide line;
8) applications/inquires to the Board of Trustees for determinations of non- jurisdiction.
9) applications for extensions, for a one-year term, of a validly issued permit. The Board of
Trustees may add conditions for appropriate environmental safeguards to any renewed
permit.
10) applications to change the name of the owner or applicant on a validly issued permit.
Section 5: EXEMPTIONS
March 25, 2003
Southold Town Board-Regular meeting
33
The Board of Trustees may grant exemptions to the temporary moratorium as follows:
1) An application seeking a Chapter 97 permit for any new residential or commercial
structure/building on vacant land, or any "operations" (as defined by Chapter 97 of the
Southold Town Code) below the high tide line of"tidal waters" (as defined by Chapter 97
of the Southold Town Code) or in standing water of any "freshwater wetlands" (as defined
by Chapter 97 of the Southold Town Code) may be approved if
a) A field inspection was conducted and all field inspection issues were addressed and
resolved prior to the effective date of the Temporary Moratorium; and
b) all documents, related reviews, inspections, reports and other necessary items in
support of the application were submitted, addressed and resolved prior to the
effective date of the Temporary Moratorium; and
c) no further review or hearing is necessary on the application.
2) A validly issued permit may be amended or modified, in the discretion of the Board of
Trustees, if the environmental impact of the amendment or modification is more beneficial to
the environment or would not adversely impact the environment or the wetlands.
Section 5: 6: CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provisions of Chapter 97 of the Southold Town Code this Local Law supercedes,
amends and takes precedence over such provisions pursuant to the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and
section 22 to supercede any inconsistent authority;
In particular, this local law supercedes Southold Town Code Chapter 97 sections 97-20, section 97-21;
section 97-22, section 97-24, section 97-25, section 97-27, section 97-28, and section 97-29 which
require the Board of Trustees act upon, hold hearings on, and make decisions concerning applications.
Section 6 7: APPEALS PROCEDURE
The Town Board shall have the authority to vary or waive the application of any provision of
this Local Law, in its legislative discretion, upon its determination that such variance or waiver is
required to alleviate the extraordinary hardship of the imminent danger of collapse or structural failure
a residential or commercial structure or building. To grant such a request the applicant must file with
the Town Board and the Board of Trustees supporting documentation, including a certified engineers
report.
Any request for a variance or waiver shall be filed with the Town Clerk and the Board of
Trustees (for recommendation) and shall include a fee of $150.00 dollars for the processing of the
application. The application and Board of Trustee recommendation shall be transmitted to the Town
Board which may conduct a public hearing and make a final decision on the application, with or
without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board.
Section :7 8: SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8-9: EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
March 25, 2003
Southold Town Board-Regular meeting
34
#2O3
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Dennis Bradley &
Associates to review the architectural plans for the proposed Animal Shelter for an amount not to
exceed $2,000.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#2O4
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a refund of $1~000.00 to
George Wieser~ Mattituck Housing LLC, as he has withdrawn his application for an affordable
housing change of zone.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#2O5
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils and to protect
the scenic, open space character of the Town; and
WHEREAS, the Town of Southold's Master Plan of 1973, amended in 1986 and 1989, has taken the
following actions to clearly define, delineate and implement its policy to preserve prime agricultural
soils and to protect the scenic, open space character of the Town, specifically by the adoption of;
1. Chapter 25 of the code of the Town of Southold, known as Agricultural Lands, for the
purpose of preserving prime agricultural soils, protecting the scenic, open space
character of the Town and to preserve the Town's resort and agricultural economy.
2. Chapter 59 of the code of the Town of Southold known as Open Space Preservation,
finds that the acquisition of open space in the Town of Southold, if preserved and
maintained in their present open state, is in the public interest and a proper purpose of
the Town in accordance with the findings and determination of the New York State
Legislature, as set forth in Section 247 of the General Municipal Law.
WHEREAS, Merlot, LLC, having an address at 591A Bicycle Path, Port Jefferson Station, NY
11776, is the owner in fee simple of 37.8-acres of agricultural land identified as Suffolk County Tax
Map Parcel #1000-75-2-2; and
WHEREAS, the property is located in the AC zoning district of the Town of Southold which
designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open
lands which contain prime agricultural soils; and
WHEREAS, the soils on the property have been identified by the United State's Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York as prime
agricultural soils of Class ! and Class I! quality; and
March 25, 2003
Southold Town Board-Regular meeting
35
WHEREAS, the Town Board wishes to encourage other methods of open space and farmland
preservation including the voluntary granting of conservation easements by private landowners to
private conservation organizations; and
WHEREAS, Merlot, LLC has granted a Conservation Easement to the Peconic Land Trust on
December 30, 2002, and recorded in the County Clerk's office on December 30, 2002 in Liber 12227
page 646 which restricts development to 9.45-acres and allows for no more than four (4) single-family
residences and one (1) winery complex and extinguishes the development rights on the remaining 28.4-
acres; and now therefor be it
RESOLVED, that the Town Board hereby determines that the Conservation Easement conveyed
by Merlot, LLC to Peconic Land Trust are pursuant to the Town's clearly delineated public
policy to preserve prime agricultural soils and to protect the scenic, open space character of the
Town, and that said conveyances will yield a significant public benefit; and be it further
RESOLVED, that the Southold Town Clerk forward a copy of this resolution to Merlot, LLC at
the address noted above, and to the Peconic Land Trust, P.O. Box 2088, Southampton, New York
11969.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#2O6
Moved by Councilman Wickham, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Islet, Esq. As
special counsel in the matter of 640 CHURCH STREET, LLC & EUGENE CHITUK v. ZBA, et
al.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#207
Moved by Councilman Richter, seconded by Councilman Moore, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 1 lth day of March, 2003 a Local Law entitled "A Local Law in relation to
Exemption for Disabled Persons With Limited Income" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were given an opportunity to be heard. Now, therefor be it
RESOLVED that the Town Board of the Town of Southold ENACTS the following Local Law:
LOCAL LAW NO. 5 - 2003
A Local Law entitled "A Local Law in relation to Exemption for Disabled Persons With Limited
Income"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose -To increase the income limit for disability exemptions considering the current pace of
inflation.
II. Chapter 85 of the Code of the Town of Southold is hereby amended as follows:
§ 85-9. Exemption granted.
A. Real property owned by a person with disabilities whose income is limited by such disabilities,
and used as the legal residence of such person, shall be entitled to a partial exemption from taxation to
the extent of 50% of assessed valuation.
March 25, 2003
Southold Town Board-Regular meeting
36
B. [Amended 4-11-2000 by L.L. No. 8-2000; 2-13-2001 by L.L. No. 4-2001] To be eligible for
the exemption authorized by such § 459-c and implemented by this article, the maximum income of
such person shall not exceed $20,500 21,500. Any such person having a higher income shall be
eligible for exemption in accordance with the following schedule:
Percentage Assessed
Valuation Exempt
Annual Income From Taxation
Up to SgOr499 21,499 50%
$,m ~ ~ ~,~ A~ 21,500 to $22,499 45%
$,~ ~ ,~ ~,~,~ A~ 22,500 to $23,499 40%
$,~,~ ~ ,~ ~,~ Ann 23,500 to $24,499 35%
$,~e cfm ,~ ~'~A eoo 24,500 to $25,399 30%
$'~A Arm ,~ ~'~c 'mo 25,400 to $26,299 25%
$'~c ~ ,~ ~'~ ~ oo 26,300 to $27 199 20%
$,~ ,mr~ ,~ ~,~-~ r~oo 27,200 to $28,099 15%
$,~-~ ~rm ,~ ~,~-~ ooo 28,100 to $28,999 10%
$,~ rmr~ ,~ ~,~ ~oo 29,000 to $29,899 5%
TTT. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or
after March 1. 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
#2O8
Moved by Councilman Moore, seconded by Councilman Wickham, it was
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 1 lth day of March, 2003 a Local Law entitled "A Local Law in relation to Senior
Citizens Exemption" now, therefore, be it
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were given an opportunity to be heard. Now, therefor be it
RESOLVED that the Town Board of the Town of Southold ENACTS the following Local Law:
LOCAL LAW NO. 6 - 2003
A Local Law entitled "A Local Law in relation to Senior Citizens Exemption"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Purpose -To increase the income limit for senior citizen exemptions considering the current pace of
inflation.
TT. Chapter 85 (Taxation) of the Code of the Town of Southold is hereby amended as follows:
§ 85-1. Partial exemption for senior citizens
A. Amount of exemption.
March 25, 2003
Southold Town Board-Regular meeting
37
(1) Real property owned by one or more persons, each of whom is 65 years of age or over, or real
property owned by husband and wife, one of whom is 65 years of age or over, shall be exempt from
town taxes to the extent provided, subject to the following income limitations:
Income Extent of Exemption
Up to Sg0r499 21,499 50%
$,m ~cm ~ ~,~ A~ 21,500 to $22,499 45%
$,~ ~cm ,~ ~,~,~ A~ 22,500 to $23,499 40%
oo ~,~ eoe ~cm 23,500 to $24,499 35%
$oe ccm ,~ eo~ eoo 24,500 to $25,399 30%
$o~ ~cm ,~ eoc ooo 25,400 to $26,299 25%
oc eom ,~ eoa ~ oo 26,300 to $27 199 20%
$oa ocm ,~ eo'7 c~oo 27,200 to $28,099 15%
0-7 ~cm ,~ eo-7 ooo 28,100 to $28,999 10%
$o~ cmc~,~ eo~ ~oo 29,000 to $29,899 5%
Such exemption shall be computed after all other partial exemptions allowed by law have been
subtracted from the total amount assessed
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part there of other than the part so decided to be unconstitutional or invalid.
IV. Effective Date.
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or
after March 1, 2003.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton. Absent: Justice Evans.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That completes the reading and the voting of our resolutions on the
agenda. I will offer the floor to the public to address the Board on town related issues.
MR. CARL1N: Tonight I am going to discuss another very, very important issue. Since six days ago
when we went on Orange Alert, what area in this Town do you think would be sensitive or eligible for
a terrorist attack? Could you please name it?
SUPERVISOR HORTON: I would say that the entire town has to be vigilant.
MR. CARL1N: The reason why I am bringing the subject up is the Police Chief said in the paper that
security has been increased and I would like to know how much. And I when get done, Mr. Richter, I
believe you are on the Police Committee. Would you get to him and have him respond to me or come
to the Board meeting and answer my questions that I am going to have to say now because this
involves the safety of everyone in Southold Town.
SUPERVISOR HORTON: I will have him call you tomorrow, Mr. Carlin.
March 25, 2003
Southold Town Board-Regular meeting
38
MR. CARLIN: Now, I don't know about now but when I, the most important area not along Plum
Island, is the ferry boats. The Sea Jet takes 350 people maximum, that is what they like. The big boat
takes 95 cars plus maybe 200 or 300 people, that is what they like but I know, the last time that I went-
was their any ID requested when you buy your ticket there?
COUNCILMAN RICHTER: Yes.
MR. CARL1N: It is now?
COUNCILMAN RICHTER: It was when I was there.
MR. CARL1N: It wasn't there when I was there.
UNIDENTIFIED WOMAN: It is. It has been for several months.
MR. CARLIN: Well, I was there about four months ago and there wasn't any there.
COUNCILMAN ROMANELLI: They know you there.
MR. CARL1N: Well, what I am saying, let's not make this a kind of a joke. It isn't a joke when you
come down and think about it. Is anybody spot searched or are the trunks of the cars opened for
searching the cars or is there any patting down or scanning? We do it in airports, we do it in Grand
Central Station, we do it in Penn Station, we do it in Port Authority, we do it in airports, why not over
there? People could walk, you know, when you go on the Sea Jet, normally people will go on the Sea
Jet, women will carry a pocketbook. A man will probably carry practically nothing, you see? So what
is to stop somebody in their pocketbook putting four or five sticks of dynamite? And you have got to
look at this this way, it could happen. I am hoping that it never happens but it could be a possibility,
being that it is close to Plum Island, and they could take over Plum Island. Cause these people don't
care if they live or die anyway. I want to give you a little, and I very seldom, I don't know about now
see a policeman down there. Maybe he might ride around once and a while when I have seen him,
there should be a policeman there steady all the time during operating hours. If you can't get a
policeman there, than you should get a hold of Governor Pataki and put a couple Guardsman there.
Because that is a sensitive area, where people are, where a group of people are. Let's face it, let's not
wait until something happens and then say we should have done something about it.
MRS. EGAN (from audience): That is why we shouldn't be sending them out of town. We are
sending four of them out of town.
MR. CARL1N: Should have what?
SUPERVISOR HORTON: Mr. Carlin, if you would continue to address the Board, please.
MR. CARL1N: Let me tell you if something would happen to me, and the Police Chief also said, be
aware of anything; if something looks suspicious, report it. Well, let me tell you the experience that I
had the last time I went on the Sea Jet to Foxwood. I went up to the ticket in the morning and bought
my ticket and sat down with my wife. This man walked in, he had a beard and dark glasses on. Well,
March 25, 2003
Southold Town Board-Regular meeting
39
that is nothing-anybody could have a pair of dark glasses and a beard, that was nothing. But he was
carrying a, something like a case like this, this high, black, leather. And ! immediately thought in my
mind, it could have been a rifle in there or a gun. And what struck me funny, why would he be
carrying that on the Sea Jet? And ! kept watching him, then when ! went on the Sea Jet and this is
normal practice, no one is going to tell me any different; when you go on the Sea Jet, the first thing
people do, they go down the aisles and they look for side windows where the tables are. Where they
can sit down and have their coffee and play cards or whatever. He didn't do that. He stood in the
back, he stood like this and he went this way and he went this way and he went this way. He didn't
either sit down or go get a cup of coffee. Now ! am playing detective. ! see one of the boat attendants,
one of the boat hands at the exit standing. ! go over to him and ! said "I don't know, but this fellow
here he just don't look right to me, ! would keep an eye on him" Now, ! don't if he ever went to the
Captain and reported what ! said to him or not but ! will tell you one thing, ! was damn glad when we
got to New London and got off the boat. Because if somebody, something does something like that; it
is kind of odd. It might have been nothing but it was kind of odd. And another thing is, you come in
from Foxwoods, coming back and you come in from Mohegan coming back to get off the bus, you get
right in line and get on the ferry, no security at all. No security at all. ! am just bringing the facts out
because it is a possibility that something could happen there. It is easy with no security like that boy, !
tell you, awful. ! don't know what Connecticut does on their side but we sure could stand a little bit
more security on our side over here. Even if you look for ID's. And there is nothing to sit on your
cushions and laugh at me about. Because then when something happens, you are going to say well, we
should have done this and we should have done that. There are peoples lives involved in here. It
wouldn't take much of an explosive to knock that Sea Jet out of the water and you wouldn't even have
time to put your life preservers on. Not that ! want to look at the dark side of something but in my
business ! was in Quality Control in Grumman's and ! always looked for things. Because ! was an
inspector. ! looked for things on the airplanes to find if they would be wrong. ! looked for leaks or
shorts or safety pin being still in on the ejection sit. That was my business and that is why ! notice all
of these things. ! make it my business to notice these. That is why ! call myself the watchdog of
Southold Town but keep that in mind and would you mention it to the Police Chief. ! would like to
know what kind of security he has really got out there, before it is too late.
SUPERVISOR HORTON: ! will give you a call, Mr. Carlin. Would anyone else care to address the
Board?
MRS. EGAN: Yes, yes, yes. ! am very glad that Mr. Carlin brought that subject up. What has been
done? You did hear about the fiasco about our marine department, didn't you Mr. Horton?
SUPERVISOR HORTON: What are you specifically referring to, Mrs. Egan?
MRS. EGAN: ! am speaking and referring and of course, Mr. Richter would know about this as the
liaison officer to the Police Department. Unfortunately, two of our boats, marine boats, are up in
Cutchogue in the harbor in that terrible snow storm that we had. And unfortunately, no one was
intelligent was enough to go down and help get some of the snow out of it. So, guess what? What
happened Mr. Romanelli? ! told you about it.
COUNCILMAN ROMANELLI: One of them went under water.
March 25, 2003
Southold Town Board-Regular meeting
40
MRS. EGAN: That is right and we had to get Sea Tow. And what else didn't they do, Mr. Romanelli?
! told you about that, too.
SUPERVISOR HORTON: They didn't contact me.
MRS. EGAN: Uh uh. No, more importantly, this is much more important .... they didn't contact you?
SUPERVISOR HORTON: What could be more important than that?
MRS. EGAN: Didn't contact you. They also forgot to get insurance on one of the $10,000 motors.
COUNCILMAN ROMANELLI: No.
MRS. EGAN: Don't argue with me. Don't argue with me. ! do my homework. ! spoke to the head of
the Bay Constables, Mr. Dzenkowski. He is a neighbor of mine. Oh, yes, ! do my homework ! don't
spit things out unless ! have some facts behind them. So there is $10,000 gone. And then you talk
about putting money into Cochran Park and this park and that park. Now, ! don't think that boat is
even back in service. So, that means again Mr. Conklin, very important, god forbid that we have an
emergency on the water, we may have one boat in service. One boat in service. Maybe. If that one
isn't defunct also. So this is a very important issue. On the day that we went to war, ! came up here to
Town Hall, Mr. Conlin, to ask what the Town was doing. And ! got a flip answer from people up here.
So knowing it is Joan, what did Joan do, Mr. Horton. Where did ! go find out where something was
happening. At the Police Station.
SUPERVISOR HORTON: I could think of a number of places you might have gone.
MRS. EGAN: I am not finished. I am not finished. Never, never try to stop me. At any rate, I went
to the Police Station and the Chief did come out. ! was very honored. He very rarely does. Usually,
he thumbs his nose at me. So, at any rate, what he said, he said we are doing appropriate things. He
said, "! wouldn't tell you anyhow." ! said "Oh, no? Why not?" and he said "Because you will put it
on television" and ! said "You are damn right, ! will." ! also broke that story about the boat to the
Traveler-Watchman and to the Suffolk Life. And on St. Patricks night at Soundview, ! stopped by to
say hello to somebody and guess who was there? WLL1NG. So the story was on the radio. Neither of
the newspapers, to the best of my knowledge, did anything. Okay, that is enough for that. Also, Mr.
Carlin...
SUPERVISOR HORTON: Mrs. Egan?
MRS. EGAN: I am not finished.
SUPERVISOR HORTON: If you would address the Board please.
MRS. EGAN: Alright, well he should know that. Call the State Police or the Coast Guard, the Coast
Guard people are wonderful. Now, ! will conclude. ! have already given you most of my .... Oh, Mr.
Romanelli.
March 25, 2003 41
Southold Town Board-Regular meeting
COUNCILMAN ROMANELLI: Yes, ma'am.
MRS. EGAN: The roads. I spoke with Mr. Harris, I told him to call Town Hall so that we could get a
secretary or somebody up here so that he could write to the Regional Office of the Department of
Transportation. Do you know whether that happened or not?
COUNCILMAN ROMANELLI: I don't know if that happened but I did speak to Pete after you left a
message on my voice mail with all that information.
MRS. EGAN: Good. Well, let's, I would like to see a copy of that letter. Now, the, so, I will
conclude giving you all good thoughts. Right? You had nepotism, you had collusion, you have
apathy, you have no campaigning going on. You vote, people vote on your record and your record
stinks. Good-bye.
SUPERVISOR HORTON: Thank-you, Mrs. Egan. Are there any other comments from the floor?
(No response) This meeting is adjourned. Thank-you all for attending.
MR. CARLIN: One quick thing about what I said. I am surprised that Newsday hasn't picked up on
this or the local newspapers hadn't picked up on this and really monitor to see the security of where the
boats are.
SUPERVISOR HORTON: Thank-you, Mr. Carlin. And thank-you all for attending the meeting.
Moved by Supervisor Horton, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board meeting be and hereby is declared recessed at 9:28 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
* * * * * *
~lLlilJo.~
Elizabeth A. Neville
Southold Town Clerk