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TB-07/08/2003
SOUTHOLD TOWN BOARD REGULAR MEETING July 8, 2003 4:30 P.M. A Regular Meeting of the Southold Town Hall was held Tuesday, July 8, 2003 at 4:30 P.M. at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR HORTON: Welcome to the July 8, 4:30 P.M. public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Before we get started, ! would actually like to introduce somebody to the Town Board and to the public. ! will come down here. This is Kim Prokop and the Suffolk County Department of Trustees, there is a Board of Commissioners and the Legislature has set that Board of Commissioners up so that each Town in Suffolk County has a seat on the Board of Parks Trustees. And the Legislature and the County Executive defer that appointment to the Supervisor. After extensive search and speaking with various people, Kim Prokop, who serves on the Southold Town Parks and Recreation Committee and is also a very active member of the Southold Town Mothers Club and the real figure in the development of the playground at the Veterans Memorial Park in Mattituck. The County Executive and the County Legislature have approved a request from this office to have Kim Prokop appointed to the Suffolk County Parks Trustees. So ! wanted to introduce Kim and welcome you to the inner workings of Town and County government now. You are going to do a great job. Southold Town Board July 8, 2003 2 KlM PROKOP: Thank you. SUPERVISOR HORTON: We have a number of reports, public notices and communications available at the Town Clerk's office for public review. The Town Clerk's office is open Monday through Friday, 8:00 A.M. through 4:00 P.M., so if you would care to see those, they are available at the Town Clerk's office. Standard protocol for this meeting is we offer the floor to the public, prior to the reading and voting on any of the resolutions. We offer the floor so that the public may address the Town Board on the resolutions that are on the printed agenda, at which point after the Town Board has taken those comments and moved through the resolutions, we then offer the floor to the public to address the Town Board on town related matters that may or may not be on the agenda. So moving forward, we do ask that when you do address the Town Board, you do so from either of the two microphones and podiums posted at the front of the room and state your name and place of residence clearly so that we can incorporate that into our public record. Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $306,398.66; General Fund Part Town bills in the amount of $41,069.25; Highway Fund Whole Town bills in the amount of $22,001.55; Highway Fund Part Town bills in the amount of $63,892.80; Capital Projects Account bills in the amount of $126,400.72; Landfill Cap & Closure bills in the amount of $963,550.47; Community Preservation Fund (2% tax) bills in the amount of $9,064.75; New London Terminal Project bills in the amount of $31,603.08; Compost Land Acquisition bills in the amount of $32,185.75; Employee Health Benefit Plan bills in the amount of $8,788.50; E-W Fire Protection District bills in the amount of $12,415.50; Fishers Island Ferry District bills in the amount of $17,743.09; Refuse & Garbage District bills in the amount of $99,804.28; Southold Wastewater District bills in the amount of $1,568.67; Fishers Island Sewer District bills in the amount of $2,556.49; Southold Agency & Trust bills in the amount of $12,189.42 and Fishers Island Ferry District Agency & Trust bills in the amount of $73.80. 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 Wickham, it was RESOLVED that the next regular Town Board meeting be held Tuesday, July 15, 2003 at 7:30 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. Town of Southold Budget Report - May 2003 2. Scavenger Waste Treatment Facility - May 2003 3. Juvenile Aid Bureau, Police Department - May 2003 4. Island Group Administration, Claim Lag Report - through May 2003 5. Leave Time Summary Report - May 2003 6. Southold Town Justice Court, Bruer - June 2003 Southold Town Board July 8, 2003 7. Town Clerk Monthly Report - June 2003 3 II. PUBLIC NOTICES 1. New York State Department of Transportation Notice of Order to establish a 50-mph speed zone on Route 25 from 1500+ ft. east of Skunk Lane to 700+ ft. west of Bowery Lane in Cutchogue and Peconic. 2. Suffolk County Department of Health Services Notice of Variance/Waiver Request for Orient Coffee Company, Village Lane, Orient. Hearing scheduled July 10, 2003 at 11:00 A.M. in the Suffolk County Department of Health Services Conference Room, Room S-238, County Center, Riverhead. 3. US Army Corps of Engineers, NY District, Notice of application of Michael Osinski to place shellfish cages in Greenport Harbor, Shelter Island Sound, Greenport, Town of Southold. Written comments by July 25, 2003. III. COMMUNICATIONS None SUPERVISOR HORTON: I will at this point offer the floor to the public, if anybody would care to address the Town Board on resolutions that are on the printed agenda. Mr. Carlin. FRANK CARL1N: Frank Carlin, Laurel. #390. How much is that going to be? SUPERVISOR HORTON: That is $12,400. MR. CARL1N: And that is to study the Church Lane problem? SUPERVISOR HORTON: Yes, to review the planning in that area. MR. CARLIN: Okay. SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed resolutions? Mrs. Egan. JOAN EGAN: I have quite a few. Good afternoon everybody. Mr. Horton, Mr. Romanelli, Mr. Moore, Mr. Richter, Ms. Evans, Mr. Wickham. On #385. Are we all with it? The Adult Care program. Is this part of the Human Resource Center or is this separate? SUPERVISOR HORTON: Yes. MS. EGAN: Good because you should really (inaudible). Okay. Now, on #387, this is a young man, a student from our area I would presume? SUPERVISOR HORTON: Yes. MS. EGAN: And how was he chosen and from what school? Southold Town Board July 8, 2003 SUPERVISOR HORTON: MS. EGAN: Pardon? SUPERVISOR HORTON: MS. EGAN: How? 4 don't know the school but he was chosen by the Town Historian. He was chosen by the Town Historian. SUPERVISOR HORTON: ! believe he is a young man, 15 years old, who has an interest in local history, who wants to help out in the Town Historians office. MRS. EGAN: How was he chosen? SUPERVISOR HORTON: He was chosen by the Town Historian. MRS. EGAN: And what qualifications? SUPERVISOR HORTON: ! don't think that there were any written qualifications for that summer position. MRS. EGAN: Well, ! do. ! will let it go. Now, #388, you know, when it is a leave of absence do they get paid and do their benefits accrue while that is going on? SUPERVISOR HORTON: He is using his vacation and sick time to cover the course of that period. So yes, that will be paid and his benefits remain intact. MRS. EGAN: Does somebody have to replace that person? SUPERVISOR HORTON: No. MRS. EGAN: No? So we will be short-handed again? SUPERVISOR HORTON: ! suppose you could look at it that way, yes. MRS. EGAN: Well, that is the only way that you could look it. SUPERVISOR HORTON: Okay. MRS. EGAN: Nothing gets done up here anyhow with all the help that you have, so now we will have one less. Okay. Now, again we have #389, which is the Human Resource Center. You know there are a whole bunch of these for that. There is an awful lot of money and who really checking to see that it is done properly and that the moneys are taken care of properly? Who checks it? SUPERVISOR HORTON: Mrs. Egan, the projects that are going on at the Human Resource Center are under the direction of both Karen McLoughlin, the Human Resource Center director and Pete Harris, the Highway Superintendent in involved as well as from the Accounting side, John Cushman and the Accounting Office is on top of it. Southold Town Board July 8, 2003 MRS. EGAN: Good. Okay, now, this, oh, #390. Why in gods name do we have to do another study for the Church Lane situation? This has been done over and over with. We have had meetings here, we have had the press here, we have over killed it. Why... are we going to hire these people? Do they come from here, are we going to have another $50,000, $20,000 spent for something that we have already spent money from which the public has responded to in a very positive form that what you are doing to them is wrong. SUPERVISOR HORTON: The firm that has been retained is to give sound planning recommendations to the Board. MRS. EGAN: But we have done that. SUPERVISOR HORTON: Well, Mrs. Egan, we are doing it again. MRS. EGAN: You are doing it again. And how much is this going to cost. SUPERVISOR HORTON: $10,000. MRS. EGAN: $10,000. SUPERVISOR HORTON: Not to exceed $10,000. MRS. EGAN: They will be adding things on because they will forget to do something or they will need more of this... SUPERVISOR HORTON: Mrs. Egan, are there other resolutions that you would like to address? MRS. EGAN: Yes, yes. Don't rush me. Okay, #413. Oh, and the baby seat things, are those for the buses or what have you? Well, we will get to that. We are now going to have to pay for this mulch? That is causing so much trouble for the Church Lane people, that is #413 that is on page 4. You can all count up to that. SUPERVISOR HORTON: Yes. MRS. EGAN: So we are going to have to pay for that, huh? We are going to have to pay for that mulch? SUPERVISOR HORTON: Yes. COUNCILMAN RICHTER: The first 500 pounds .... MRS. EGAN: I am speaking to Mr. Horton and if he doesn't know, he will ask you, Mr. Romanelli. SUPERVISOR HORTON: Mrs. Egan, first off, I would just like to say that we are more than happy to answer your questions but ! would also like to say, in moving forward, that we lower the level of what Southold Town Board 6 July 8, 2003 I feel is hostility, so to answer your question, the price for screened mulch is the first 500 pounds are free and anything between 500 and 1500 pounds is .02 per pound. Anything more than 1500 pounds will be 1 cent per pound. MRS. EGAN: Okay, now how does one get it? You have to bring your own... SUPERVISOR HORTON: You go to the landfill. MRS. EGAN: With a plastic bucket or what? SUPERVISOR HORTON: Whatever means you feel necessary to remove it. MRS. EGAN: And certainly hope that you don't get bitten by a bug or a rat. Now, oh #414, another lawyer. The musical chairs of lawyers. Right? Another lawyer. SUPERVISOR HORTON: Do you have other resolutions that you would like to address? MRS. EGAN: Well, ! am asking you, why are we hiring another lawyer? SUPERVISOR HORTON: The answer is yes. MRS: EGAN: We have Mr. Yakaboski, every time ! come here there is another lawyer and ! don't understand that. SUPERVISOR HORTON: Well, that is for the Zoning Board of Appeals, they have requested that. Made that decision. MRS. EGAN: So, this person, now how was this person, this person hasn't been hired yet, is that correct? We are just interviewing or has this person... SUPERVISOR HORTON: We are retaining this person. MRS. EGAN: They have retained it? SUPERVISOR HORTON: We will be, assuming this resolution passes. MRS. EGAN: ! see. And what, that is Frank Isler, where did he come from? SUPERVISOR HORTON: From Riverhead. MRS. EGAN: From Riverhead. We don't even hire our own Southold lawyers. SUPERVISOR HORTON: Mrs. Egan, ! am going to turn the floor over to other members of the public who have questions. MRS. EGAN: No, ! am not finished. ! am not finished. Southold Town Board July 8, 2003 7 SUPERVISOR HORTON: Would anyone else care to address the Town Board? Mr. Carlin. MRS. EGAN: Well, I think that you are spending too much money at the Human Resource Center without checking it properly. Don't be so rude to me again. SUPERVISOR HORTON: My apologies. MR. CARL1N: Just a correction that Mrs. Egan asked you how much #390, you told her $10,000 and then you told me $12,400. Which is the correct? SUPERVISOR HORTON: ! apologize. Those are two separate issues being handled by the same firm so we just put the pieces together. MR. CARL1N: So, $12,4007 SUPERVISOR HORTON: That is correct. Would anyone else care to address the Town Board on the printed resolutions? Mr. Penny. GEORGE PENNY: Good afternoon, George Penny from Southold. #428 addresses closing the public hearing on the DGEIS and it talks about a written comment period yet it says nothing about another public session. Was there one planned or is there one planned? SUPERVISOR HORTON: The public hearing on the DGEIS is still open, is currently open. And what this resolution proposes is to close the public hearing on July 15 at the scheduled public Town Board meeting. And at which point, once the public hearing is closed, a 10-day written comment period on the DGEIS kicks in. MR. PENNY: That is in writing. Will there be an opportunity for people to come in and address the Town Board in a fashion such as we did the other evening? SUPERVISOR HORTON: You will be able to, actually you can address the Town Board tonight because the public hearing is still open. After we go through the resolutions you can address the Town Board on the DGEIS. MR. PENNY: That is provided that that resolution passes? SUPERVISOR HORTON: That is provided that this resolution passes and actually, ! think that we can get a sense from the Board right now as to whether or not this resolution will pass. COUNCILMAN WICKHAM: And also next Tuesday? SUPERVISOR HORTON: That is correct. So is it your sense that this resolution will pass so that there is an opportunity after the resolutions this evening .... COUNCILMAN WICKHAM: Today and also next Tuesday. Southold Town Board July 8, 2003 SUPERVISOR HORTON: Right. But my question is as follows: is it the sense of the Board that #428 will move ahead? Okay, so yes, this evening there will be ample opportunity to address the Board on the DGEIS over the course of the public hearing, as well as at the 7:30 P.M. Town Board meeting, at which point, it will be the intention of the Board to close the public hearing on July 15. MR. PENNY: Great. So we can come next week, put something on the public record. You will hold the meeting open after the regular work session so that it doesn't hold up everybody. SUPERVISOR HORTON: Yes. That is correct. And you can actually do it this evening as well. You can do it this evening as well. After we run through the Town Board meeting, we will offer the floor to the public to address the Town Board on the public hearing on the DGEIS. MR. PENNY: We will see how late it goes tonight. Thank you. SUPERVISOR HORTON: Indeed. Other comments from the floor on the resolutions on the printed agenda? Mr. Edwards. BILL EDWARDS: Bill Edwards, Mattituck. Obviously, you are not surprised that I rise to address #428 but I want to address it not with respect to this specific content which is more a matter for the hearing but because I want to persuade those of you on the Town Board to vote against this resolution and therefore, I think that I have to speak before you consider it, am I correct? SUPERVISOR HORTON: Yes, if you would like to speak to the resolution. MR. EDWARDS: I would urge you to extend the moratorium for six-months and not to close the hearing period on the DGEIS report. We all know what it is about. It is about justifying the upzoning to five-acre with mandatory clustering. We all know why there is a debate about it. The farmers say it will reduce land values. And those in favor of it say it won't. On page 328, and this is why I think that you should continue to leave this thing open, on page 328, this report echoes the claim that upzoning will not hurt farming and land valuations and it points as its prime example at Montgomery County, Maryland. This week I checked out the facts behind the Montgomery County story. The only example, the only example the report uses for a community which upzoned to five acres. The facts show a clear pattern of sloppy research and outright deception. Our $200,000 report states and I quote "That in Montgomery County there has been no documented negative or adverse impact on the business of farming and land values stabilized over a relatively short period of time." That is like telling a dying man that at least he will never again catch the flu. It is literally true but it is figurative baloney. Here is why: Montgomery County upzoning from 2 to 5-acres didn't depress valuation, that is true because Montgomery County did not cluster the lots. A fact that is never mentioned in the report. It is not the upzoning that depresses land values, it is the mandatory clustering. If you paid for 5-acres in Montgomery County, you got a 5-acre lot. Under the plan proposed for $outhold Town, you will pay for 5-acres and get the full use of just one. Which deal would you make? Which property is worth more to you as a buyer? Yesterday, I spoke with Judy Daniel, who manages Montgomery County Land Preservation Program and is a nationally recognized expert on farmland preservation. She told me that the zoning change in 1974 from 2 to 5-acres was, in her words, very bad because it accelerated the loss of farmland. She went on to say and I quote her "By 1978, they began to evaluate Southold Town Board July 8, 2003 9 why that had just made things worse and open land was disappearing even more swiftly." As she put it, "We decided that we had to do something drastic." In 1978, Montgomery County went back to work 4 years after they passed the 5-acre zoning on a solution to reverse the damage caused by the move to 5 acres. In 1980 they put in place an entirely new system based on a combination of TDR's and zoning which was fair to land owners, was fiscally responsible, you all know that I am big on that, and preserved virtually 100% of their active farmland. I don't have time here to cover the details but I will say that I am shocked and rather angry that after all these hours and all these dollars, the authors of the report apparently ignored or never looked into the lessons taught by the Montgomery County experience. As Town Board members, I would challenge each of you to ask four questions to those people who put together this report. And this is methodology. This is not the content of the report. 1. Why did you fail to uncover the simple fact that Montgomery County's upzoning to 5-acres failed, and the upzoning accelerated the loss of farmland? 2. Why did you conceal the critical fact that the upzoning to 5-acres didn't include clustering, the primary loss of land valuation. 3. Why didn't you review in detail the PDR system, which is the real reason why Montgomery County's land preservation is a national model? And I might say that I was pretty impressed with this thing and I read a lot of different reports off of the internet and I think we should look at it very seriously. 4. If you were going to use Montgomery County as your ideal case for upzoning, why in gods name couldn't you have picked up the telephone and called somebody there and get the facts right? The authors of the report are light heartedly asking Southold Town farmers to accept a financial write-off which could easily exceed $50,000,000, based in large part on a deliberate misstatement of what happened in Montgomery County. They are asking the citizens of this town to adopt a zoning approach for land preservation which failed miserably in the one place that they want to use as a poster boy for upzoning. If the Montgomery County example is as flawed and deceptive as we now know it is, what else is in this monstrous report that we can't trust? The moratorium should be extended, the report hearing should be continued until we can find out the real truth behind the language of the report. Thank you. SUPERVISOR HORTON: Thank you. Are there other, would anyone else care to address the Town Board on the resolutions? Mr. Meinecke. HOWARD ME1NECKE, PRESIDENT NORTH FORK ENVIRONMENTAL COUNCIL: Howard Meinecke, resident of Cutchogue. ! do believe that we should close the hearings. ! mean, let's get real, we have been at this for 2 lA years and ! think, ! heard some stuff that ! really didn't know and ! certainly have to do some research. My understanding of the Montgomery County thing was that they went to 5-acres and then they went to 25-acres and the 25-acres had no clustering, there was 25-acres and a farm house and possibly accessory buildings, then there was transfer of development rights at a basis of 1 for 5-acres, which went for the lower downtown in Montgomery County. They preserved, ! don't know, 100,000 acres or some humongous amount of farmland by that method. Now, ! am not going to argue about the earlier history, there may be something there, there may be a message. ! think that we have all said that transfer of development rights should be considered here to get the remaining houses off the upzoned land and ! think that is just as true now as it was when we set it back in the Stewardship Task Force report but there are people who say that since it crosses school boundaries, we have a small land area, we don't have a commercial base that can eat up the transferred rights as is being proposed in Riverhead. It is a more difficult thing but we have a history of throwing the baby out in the bath water because it is difficult and maybe we have elected you people up there to do something that is difficult, so ! do think that the transfer of development rights is part of it. But ! would like to see this moved anyway because it is 2 lA years old and with some consistency we would Southold Town Board July 8, 2003 10 like to push it into the next election cycle so it gets more and more distorted and then we start from ground zero and I would like to see something happen here before I retire from Cutchogue and life here. And it doesn't look like that is happening unless we get to it. So, I think that we have had time to do it and I think that we should. Thank you. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Town Board on the printed resolutions? Mr. Carlin. MR. CARL1N: I just have a couple odd things to say about this 5-acre zoning because I got another thing ! want to speak on tonight. It is not so bad that we only waited 2 lA years for this, we waited 18 years for the Animal Shelter and we don't even have that yet. If we go to 5-acre zoning in this Town, the young people better forget about it. They better move out of the town because you are not going to be able to get married, afford to build a house and raise a family. That is my main concern about 5- acre zoning. Bad enough that we have 2-acre zoning, we don't need 5-acre zoning in this town. And ! will tell this Board like ! told Jean Cochran's Board, the way that we are going in this Town, in the future the only people that are going to be able to live here and especially if we go to 5-acres, is the rich and the people who are on big, fat pensions and big, fat Social Securities. So, we don't need 5- acre zoning and ! say that again, in the future, ! might not be here to see it but the only people that will be here and be able to live here in Southold Town the way that you are going will be the rich and the two baggers. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Town Board on the resolutions on the printed agenda? Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Jr., resident of Southold. In regard to the extension of the public hearing period to next Tuesday, where did that date come from? SUPERVISOR HORTON: That date came from discussion today at the work session where we were discussing whether to, there were a number of ideas put on the table. To close it tonight or to notice it, not close the hearing without noticing the public, which this is an effort to do that or to leave the hearing open for an even longer period of time and this is the direction that the Board took as a whole. MR. NICKLES, JR.: So the majority of the Board thought that was satisfactory after the overwhelming sentiment that ! got and that was not about 5-acre zoning or no 5-acre zoning, to me, ! sat in on every one of those hearings, the overwhelming sentiment was: we need more time and ! don't think that 7 days was what people meant when they said that. Thank you. SUPERVISOR HORTON: Okay. Would anyone else care to address the Board on the printed resolutions? Mrs. Egan. MRS. EGAN: Thank you for giving me more time, Mr. Horton, I hope that you got your manners back in shape. #425, the Dominican Sisters, ! happen to have a very good friend who, what kind of negotiations went on there and they are usually an order of poverty and don't take any money, so what is the deal? Southold Town Board July 8, 2003 11 SUPERVISOR HORTON: This is allocated as a Community Development Block Grant that we received from the Federal Government through the County. MRS. EGAN: Come on, talk. So what do they do, how do you get them? Usually... SUPERVISOR HORTON: I don't follow your question. MRS. EGAN: In other words, you have here, to sign an agreement with the Dominican Sisters Family Health Service, to provided family services to low and middle income families. SUPERVISOR HORTON: That is correct. MRS. EGAN: So who qualifies and how do you go about getting it? SUPERVISOR HORTON: ! could put you in touch with the Community Development Office to get the specifics on that. MRS. EGAN: Good. Okay, now, now, #426. Which North Fork Bank and why do we rental space from them? SUPERVISOR HORTON: The space that we will be renting will be out of the North Fork Bank building on the corner of Youngs Avenue and Route 25 and this Board, and actually ! am very proud of this Board ..... MRS. EGAN: Really? SUPERVISOR HORTON: Mrs. Egan, please let me continue. ! am pleased about this and proud of this Board for pulling together the way that we did on this issue in addressing the space needs of Town Hall. The space issue in Town Hall has loomed for a long time and we worked together to find a very equitable, economical, economically feasible way to provide proper space, which we believe will increase the efficiency of our operations here at Town Hall. MRS. EGAN: If my memory serves me correctly, Mr. Romanelli, ! think last spring or last fall said that that wasn't feasible, that the Bank did not want to rent .... SUPERVISOR HORTON: We opened that discussion back up. North Fork Bank has been very open to discussion and we have negotiated what we believe to be a much better lease arrangement for the Town. MRS. EGAN: And what will be over there. Are we all going to move over there? SUPERVISOR HORTON: No, I can say that this will be, this Town Hall space will remain the focal point of Town government and we have not decided what offices or departments we will put in the North Fork Bank building. What we are going to do is to review the most efficient lay-out and inter- coordination of the offices. Southold Town Board July 8, 2003 12 MRS. EGAN: Good. Then you haven't signed a lease with them? It is still negotiable? SUPERVISOR HORTON: Well, once this resolution is passed, ! will be authorized to sign a lease with North Fork Bank. MRS. EGAN: And you will review it carefully. SUPERVISOR HORTON: Absolutely. MRS. EGAN: Oh, absolutely. Now, another item here on # 423, you are talking about accessory buildings. Now, to the best of my knowledge, that was rather an ambiguous or maybe that is not the correct word but we weren't sure that we sure we were going to go through with this accessory buildings because of the problems that would ensue because of health and for any other reasons. So we are just going to go forward with accessory? SUPERVISOR HORTON: Actually, this is pertaining to the height dimensions that will be permitted. MRS. EGAN: Uh huh. But you are talking about accessory buildings. Now, is this something new or old or is it just .... SUPERVISOR HORTON: This is something that has been in frequent discussions at the Town Board. MRS. EGAN: Uh huh. Now, may ! ask a rather broad question which you probably can't answer because in all honesty you can't. ! get the very strong feeling that anybody who gets up here, including myself, ! don't think that you really listen to what we say in regard... ! think that you have all decided how you are going to vote on this and it really, it really does hurt us. It hurts the Town of Southold, it hurts the people of Southold but the ones that it hurts the most is the children of Southold because they don't have really anything to look up to when they hear their friends, their neighbors and everyone else speak and nobody gives a darn, you all do what you want. Shame, shame, shame. SUPERVISOR HORTON: Thank you, Mrs. Egan. Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. Regarding resolution #428, I just have a couple of short points to make. The first is regarding affordable housing. ! generally believe that affordable housing needs to distinguish between affordable housing and affordable home ownership. We do need to have affordable housing and lots of rental housing in Southold for young couples but it doesn't mean that young people have a birthright to be able to purchase property at some reasonable rate and that we are elitist because we cannot provide that. There is no place in this metropolitan area of New York City, including New York City and all Westchester County and the town in which ! grew up Rye, New York, in which ! will never be able to afford property where anything is even remotely affordable. The concept is deeply flawed when Dave Kapell gets up and talks about elitism, ! think that all of these concepts have to be by this Board, completely revised. We need affordable housing but it does not mean that we can provide for anybody or that any major metropolitan area within commuting distance of a major US city can provide affordable home ownership. That is a challenge that ! don't think that anybody has met, anywhere in this country. So obviously we have to stop thinking about characterizing this debate in terms of what is elite and what isn't elite and face the facts that if we want Southold Town Board July 8, 2003 13 to keep young people here we have to find a way to promote apartments, promote rental apartments and promote affordable housing but the idea of promoting affordable home ownership in this County, in Nassau County, in Westchester County, in any County within a contiguous 1 lA of any major metropolitan city in the United States simply does not exist. There is no elitism in New York City which is a melting pot but there also is no affordable home ownership. So that is one distinction. The second is that ! am very, very concerned that .... SUPERVISOR HORTON: Melanie, is this in regard to .... MS. NORDEN: #428 Yes, that is what I stated initially and that is what it is in regard to. I am also very concerned about the process, the DGEIS process, particularly in so far as initially ! thought that it might be good to extend the hearings and have a long period and an open period of public debate and one of the things that ! so value about coming to these meetings is that many people that have different ideas can share them and debate that but ! am very concerned that this process is now going to be held politically hostage. As many of you read in the paper this week, there is a forum that is now going to be offered to people of only one particular party view, regarding upzoning and the DGEIS. ! think that this is critical for our town and ! think that it is extraordinarily upsetting. ! think that if any party, Democrat, Republican or Conservative uses this platform in a totally political and partisan way, this process should stop and we should vote almost immediately. Because it is going to dissolve into something that none of us really want to see. And ! must say that all of us exchange ideas and we debate all the time. ! debate and have debated many of the people in this room, hard and fiercely. But the notion that anything is going to be closed to anybody's debate, that there is going to be a forum where only people of a certain point of view can exchange ideas, that that forum may be paid for by political contributions, it may be sponsored or not sponsored by a party, goes against many of the things that all of us hold dear. So we can't do any better than this. And if we look towards these ideas and transfer them into political platforms and start political positioning, then ! think that the deal should be off, we should close these hearings and vote on almost immediately. ! think that ! can speak for many of the people in my community who are appalled by this notion that we would take the future of this town and our whole area and hold it hostage to any party, the Conservative, Republican or Democrat. So my recommendation is, if we can't do better than this, we should close these hearings immediately and move to a vote. SUPERVISOR HORTON: Thank you. Would anyone else care to address the Town Board on the printed resolutions? COUNCILMAN WICKHAM: Josh, I think that there is one resolution on our agenda that may not be on the agenda in the public. And that is #424, near the bottom and ! just want to, for the record, want to be sure that you know that it is on our agenda and it is one that we will be taking up towards the end of this meeting. This resolution which, on my agenda here is labeled #427 but ! believe it will be #424 sets 5:20 P.M. July 29th here at Town Hall as the time and place for a public hearing on a proposed waiver from the provisions of the Local Law entitled the Local Law in Relation to the Moratorium. Did ! get this right? JUSTICE EVANS: No. What is happening is #427 is becoming #424 and what is #427 on ours, a 90- day, setting a hearing for a 90-day extension of the moratorium, ! don't think that is on the public's agenda. We talked about it in the work session today and it was supposed to be on your agenda but it Southold Town Board July 8, 2003 14 didn't make it. So #427 is setting a hearing for a 90-day extension of the moratorium, the subdivision moratorium and #424 if you notice, #420 was skipped, #424 is a waiver of moratorium, Church Lane moratorium that someone has requested. COUNCILMAN WICKHAM: What is not on our agenda? JUSTICE EVANS: What is not on your agenda is a resolution setting the hearing for the extension of the subdivision moratorium, with the 90-day extension of the moratorium, is what is up for the resolution. That is on our agenda, it is not on our agenda but the resolution that we have in front of us #427, #427 on your agenda has become #424 and that is the waiver of the landfill/ Church Lane moratorium that someone has requested from the Town Board. SUPERVISOR HORTON: Thank you. There were several resolutions added to the agenda. Some of them must have gotten confused yesterday. Yes, sir? FRANK WILLS: My name is Frank Wills, I live in Mattituck. Just to clear a point, #424 on the one that I received is a Local Law in relation to the building heights in the residential districts. Has that disappeared because I think that is something that I think we should really and seriously address at this time. JUSTICE EVANS: What has happened is it has been re-numbered. #420 was left blank, so everything has moved a number. SUPERVISOR HORTON: So that is still on there, sir. We apologize for the confusion. Thank you for bringing it to our attention. DOUG COOPER: Good evening, ladies and gentlemen. Regarding #428, Bill Edwards made some valid points. One thing that I think that he did not make was that comparing Montgomery County which has 300,000 acres or more to Southold Town, which has about 10,000 acres of farmland, is a farce. How can you compare apples to cherries? Other than the fact that they are both good. It is time to go and start over on this DGEIS, the money that this Town has spent on it is absurd, it is obscene, it is insane, it is an insult to the taxpayer. To let this conclude the hearing now without answering the questions, many valid questions, and giving them out into public debate, slaps fairness, it slaps common sense, it slaps the public in the face with arrogance and self-righteousness. The distortions and outright lies and misleading comments in this DGEIS is astounding for what it cost us. Probably in the neighborhood of what: $300,000 or $400,000 by now? I think, my personal feeling is that the people who worked on it would be tarred and feathered and run out of town. But let's not go there. SUPERVISOR HORTON: No, let's not. MR. COOPER: Gentlemen, thank you. SUPERVISOR HORTON: On the resolutions on the agenda, are there other comments on the floor? We will move ahead with the printed agenda. Yes, sir. Southold Town Board July 8, 2003 15 BOB VANBOURGONDIEN: Good evening, my name is Bob Vanbourgondien. As far as resolution #428, the DGEIS, I think that this Board needs to set another evening aside like it has the last three, to answer the questions that the public has, with the planners here. What I feel that you are doing here tonight is not even legal. Because the planners have to listen to the questions, unless they get the questions, it is not even going to be in the final GELS. So, I almost think that what you are doing is illegal. So that the questions can be properly addressed in the final GELS, the Southold public, the farmers, the citizens, the taxpayers; deserve nothing less. Secondly, unless this Board and the planners start to come through with the protections for agriculture before they even think about five acre zoning, it is even more ludicrous that we are going to continue to keep rural Southold, Southold, unless those protections are there first. Now, John Romanelli happens to be the liaison to the Agricultural Advisory Committee. He has done nothing to ask us about what we should do and what we can do to help, he has been conveniently absent at more meetings than he has been to and I don't think that that is right. If he is going to be a liaison at this level, as a Chairman, as a Councilperson, what is he going to be as Supervisor? This has got to come out of the politics .... SUPERVISOR HORTON: We are not going to respond .... MR. VANBOURGONDIEN: You are a liaison to the Agricultural Advisory Committee and we need to get a lot of things under our belt to protect agriculture otherwise you are not going to have it. COUNCILMAN ROMANELLI: I appreciate your comments but let's also be clear that this debate as you are so talking about, is a group of people who come to these meetings talk about, has been going on for three years. Hold on, Bob. Let's be clear that two years ago, I stepped away from this debate because I felt that maybe at that point that you guys had the right notion that enough discussion wasn't to this and we stepped away, I stepped away from the people that I was aligned with to back you and your supporters to give you more time to listen. Now, two years are gone, we are a total of three years and you know what, Bob? You, Doug and your group out there have come up with nothing new to help the health of the business of farming and you guys are supposedly the guys in the business who should know more about the business of farming and you have come up with nothing new to improve your situation except stand up here and defend your property rights so that the government can guarantee you the best potential on your investment. And I have had discussions with you in the past of how the government .... SUPERVISOR HORTON: Councilman Romanelli. COUNCILMAN ROMANELLI: ...as you want the government to guarantee your investment. So let's, if you are going to point fingers, let's point fingers at the one-sided, equity issue that you as a land-owner are looking to protect and looking for the government to back up your equity and guarantee you an investment that nobody else in this world that has a guarantee on investment except the landowners who want it. So let's point fingers at the attitude and the greediest are the landowners. MR. VANBOURGONDIEN: John, there is more to it than that. SUPERVISOR HORTON: Mr. Vanbourgondien, if I may for a moment. This meeting has taken on a level, again, of hostility and tension that I don't think that we need to have. I think that there is room for discussion. Southold Town Board July 8, 2003 16 COUNCILMAN ROMANELLI: As Supervisor I will stand up for the special interest of the landowners, that is the job that ! will do. SUPERVISOR HORTON: ! would like to say at this point, first off, ! would like to offer an apology for accusations made by any member of this Board of greediness. COUNCILMAN ROMANELLI: Don't apologize for me, please. SUPERVISOR HORTON: ! am apologizing on behalf of the Town Board. Now at this point... MR. VANBOURGONDIEN: We are discussing the DGEIS... SUPERVISOR HORTON: We are discussing the resolutions on the printed agenda. MR. VANBOURGONDIEN: Okay. Back to the DGEIS. ! think that we need to go and get a lot of questions answered but it is going to protect the business of farming. Without the business of farming protected, we are not just talking the land equity issue, we are talking about the business of farming. There are a lot of things that need to be codified in order to protect those businesses. Otherwise we are going to lose what we have. Now, the agricultural community has come up with some things and there has been a lot of things, Scott Russell has come up with a lot of things to protect the business and bolster the business of agriculture. We sat down in a meeting with Craig, we sat down in a meeting with you, too, John, . .... COUNCILMAN ROMANELLI: Right. MR. VANBOURGONDIEN: .......... and basically you sat there like this. COUNCILMAN ROMANELLI: If we disagree, that doesn't mean that we weren't listening, Bob. MR. VANBOURGONDIEN: What ! am saying is, you always have 5-acre zoning in your back pocket. What we need to do, is we need to do the things that are going to bolster and promote agriculture in this town first. Five-acre zoning... COUNCILMAN ROMANELLI: I think that we do that through the purchase of development rights, still being able own your land and still be able to sell your rights, ! think that the government does it by not charging sales tax to farmers, ! think that there is a lot of benefits that the farm community gets that no other industry or community in this country gets. MR. VANBOURGONDIEN: Question. In that case,.... SUPERVISOR HORTON: I don't think, first off, I am going to, again, try to interject here because I think, again, we are far beyond the reach of the meeting at this point. No that we are addressing them, the resolutions on the printed agenda and I do not think that it is appropriate for any member of this Board to attack back at the public, we are here to listen... Southold Town Board July 8, 2003 17 COUNCILMAN ROMANELLI: Just giving the truth, that is all we are doing, not attacking back, just answering the truth. MR. VANBOURGONDIEN: That is why I think that we need another night, another night, Josh, to go through the DGEIS material because there is a lot more in there, there is a lot of scenarios that aren't played out in that document that may or may not justify five acre zoning. And unless that is done, we won't have a clear picture. COUNCILMAN RICHTER: Bob, this is an environmental study .... SUPERVISOR HORTON: Councilman Richter, this is, again, I would like to keep this to the printed agenda. The resolutions, there will be time after we go through the resolutions. MR. VANBOURGONDIEN: Okay, thank you. SUPERVISOR HORTON: Do you have more comments on the printed agenda? MR. VANBOURGONDIEN: No, I didn't bring my bible here that has got a lot of falsehoods in it because I didn't know that the comments period was going to be open tonight. But again, I am very disappointed that the planners aren't here because they are the ones who have to answer the questions. COUNCILMAN ROMANELLI: When we closed the last meeting, we stated that the hearing would still be open. So it is not a secret that was kept. It was stated at the end of the last hearing, which you were at, that the hearing would be left open and that there would be a comment at this meeting. MR. VANBOURGONDIEN: Comments at this meeting and comments at the next meeting. But the fact of the matter is, that the planners aren't here and they have to answer those questions in the final GELS. SUPERVISOR HORTON: I will say that every bit of the comments that have been made here tonight in general, will be, I mean at large, will be incorporated into the public record for the DGEIS and the questions that were asked and the points that were raised will be responded to and answered throughout the course of the process. COUNCILMAN WICKHAM: Josh, do you want to set the time for a hearing? SUPERVISOR HORTON: I would welcome another hearing. COUNCILMAN WICKHAM: Set the time for another hearing next Tuesday night. SUPERVISOR HORTON: We can do that for 8:05 P.M. No, this public hearing is still open. COUNCILMAN ROMANELLI: It is still wide open. SUPERVISOR HORTON: So we don't need to set another hearing, this public hearing is still open. Southold Town Board July 8, 2003 18 COUNCILMAN WICKHAM: Set a time that is convenient to the public. COUNCILMAN MOORE: You are not going to need a notice as a new one, just the official time for comment is, Josh, you say it and that is it. SUPERVISOR HORTON: As ! said before, the public hearing of the DGEIS is currently open. The Board will take input on the DGEIS after this public meeting and again, ! will set an official time to again open up comment on the DGEIS to the public at 8:05 at the next Town Board meeting which is July 15. MR. VANBOURGONDIEN: So, then to get it right, this won't be closed, we will be able to prepare ourselves and speak on the 18th? SUPERVISOR HORTON: On the 15th. MR. VANBOURGONDIEN: Will the moratorium committee be here? SUPERVISOR HORTON: We can arrange that, we can have members of the team here, without a doubt. But also understand, we are recording as we speak, so all comments will be incorporated into the public record. We will transcribe from the recording. And again, ! would like to bring down the heat and the level of tension. We are a community here, we are all working together and we are trying to pave the way for the future of this entire Town. We are here to work with you, regardless of political stands, we can agree, we can disagree. The bottom line is, we need to be able to communicate and ! think that starts up here at the Town Board level. So, let's move ahead with the agenda, with the meeting this evening. Would anyone else care to address the Town Board on the printed resolutions? Okay, we will move ahead with the resolutions. #385 Moved by Councilman Richter, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: TO: APPROPRIATIONS A. 6772.2.100.100 $ 2300.00 REVENUES: A.2705.50 Equipment Adult Day Care Furniture Vote of the Town Board: Aye: Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Programs for the Aging $ 2300.00 Adult Day Care Furniture Councilman Wickham, Councilman Richter, Councilman Romanelli, #386 Moved by Councilman Moore, seconded by Councilman Richter, it was Southold Town Board July 8, 2003 19 RESOLVED, that the Town Board of the Town of Southold hereby appoints Sean M. Maginess to the position of part-time seasonal Deckhand for the Fishers Island Ferry District from June 19, 2003 to October 1, 2003, at a rate of $8.00 per hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #387 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Cortese to the position of a part-time Student Intern in the Town Historian's office, for the months of July and August, 2003, at a salary of $9.54 per hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #388 Moved by Justice Evans, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby approves a three-week leave of absence for a Southold Town employee beginning June 30~ 2003 and ending on July 18~ 2003, and be it further RESOLVED that said employee be allowed to use accrued vacation and sick leave as needed during this period. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #389 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2003 Capital Budget: Capital Project Name: Human Resource Center Roof Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H. 5031.15 Int er fund Transfers $16, 650.00 Appropriations: H. 1620.2.300.400 Buildings & Grounds Capital Outlay HRC Roof $16,650.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #390 Moved by Councilman Richter, seconded by Councilman Moore, it was Southold Town Board 20 July 8, 2003 RESOLVED that the Town Board of the Town of Southold Whole Town 2003 budget as follows: To: A.1010.4.500.500 Planning Consultant From: hereby modifies the General Fund $12,400.00 A.1990.4.100.100 Unallocated Contingencies $12,400.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #391 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants Deputy Comptroller Connie D. Solomon the following benefits: 15 days vacation and 15 days sick per year starting with the commencement of her employment and also credited annually thereafter on her anniversary date~ 2 personal days starting with the commencement of employment for calendar year 2003 and 4 personal days per year thereafter credited each January 1 and coverage under by the Town of Southold Employee Health Benefit Plan effective July 1~ 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #392 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2003 budget as follows: Revenues: A.3089.30 State Aid, DCJS Grants $7,500.00 Appropriations: A.3120.2.500.350 Trailer & Safety Seats $7,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #393 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2003 budget as follows: Highway Fund Whole Town Revenues: DA.5990.00 Appropriated Fund Balance $ 33,500.00 Appropriations: DA.5130.2.500.300 Contractor Equipment $ 33,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board July 8, 2003 21 #394 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as part time seasonal employees for the operation of the movie theatre on Fishers Island for the summer season starting on June 29, 2003 and ending on September 1, 2003. Mike Conroy Audio/Visual Aide $ 47.00 per movie Jonathan Connell Recreational Aide $ 47.00 per movie Karla Heath Recreational Aide $180.00 per week Kyle Heath Laborer $ 85.00 per week Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #395 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Horton to execute a work-order agreement and purchase order with Kronos for supplying the Town with a Town government-wide time management system, said work-order agreement subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #396 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of Robert J. Conway~ from his position of Southold Town Police Officer~ effective July 30~ 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #397 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of $outhold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades RC-250 and MC-250 ("Oil & Sand") within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt 50% RC-250 & 50% MC-250 with screened sand: $1.27 per sq. yd. $2.25 per sq. yd. $chim Mix Asphalt Concrete - Type 5: $65.00 per ton $85.00 per ton Fog Coat: Liquid Asphalt - 50% RC-250 & 50% MC-250: $1.00 per gallon $1.00 per gallon Southold Town Board July 8, 2003 22 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. #398 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt ("Oil & Stone") within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island Bituminous Surface Treatment - Liquid Asphalt Grade RC-250 & lA Stone: $1.39 per sq. yd. $2.10 per sq. yd. Schim Mix Asphalt Concrete - Type 5: $54.00 per ton $68.00 per ton Fog Coat: Liquid Asphalt - RC-250 Liquid Asphalt: $1.00 per gallon $1.00 per gallon Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. #399 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Liquid Asphalt Grades RC-250 & MC-250 within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island $2.35 per gallon $2.95 per gallon3 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #400 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim" Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland 0-350 Tons: $90.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. Southold Town Board 23 July 8, 2003 RESCINDED, #468 July 29, 2003 #401 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Montecalvo Paving Corp. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim" Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as follows: Mainland Fishers Island 350-650 Tons: 650-1000 Tons: $54.40 per ton $ 85.00 per ton $ 78.78 per ton $45.29 per ton Over 1000 Tons: $42.35 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #402 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of GL Paving Products for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 5 Shim" Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and as follows: Fishers Island 0-350 Tons: $100.00 per ton Over 1000 Tons: $70.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #403 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Brothers~ Inc. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications, and as follows: Fishers Island 0-350 Tons: $115.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #404 Southold Town Board July 8, 2003 24 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby accepts the Bid of GL Paving for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications, and as follows: Mainland 0-350 Tons: $70.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #405 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Montecalvo Paving Corp. for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications, and as follows: Mainland 350-650 Tons: $58.49 per ton 650-1000 Tons: $50.00 per ton Over 1000 Tons: $48.35 perton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. RESCINDED, #468 July 29, 2003 #406 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of DeLalio - SFA for furnishing and placing Hot Mix Asphalt Concrete Pavement "Type 6 Top" within the Town of Southold, all in accordance with the bid specifications, and as follows: Fishers Island 350-650 Tons: $58.35 per ton 650-1000 Tons: $57.31 per ton Over 1000 Tons: $57.21 perton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O7 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Corazzini Asphalt~ Inc. for furnishing and placing Bituminous Surface Treatment RX-250 Liquid Asphalt "Oil & Recycled Stone" within the Town of Southold, all in accordance with the bid specifications, and as follows: Bituminous Surface Treatment - Liquid Asphalt Grade RC-250 & recycled Stone: $.97 per sq. yd. Southold Town Board July 8, 2003 25 Schim Mix Asphalt Concrete - Type 5: $55.00 per ton Fog Coat: RC-250 Liquid Asphalt: $1.00 per gallon Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Abstain: Councilman Richter. This resolution was duly ADOPTED. #4O8 Moved by Justice Evans, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Thomas H. Gannon & Sons~ Inc. for the application of Polymer Modified Emulsified Asphalt Pavement~ Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications, and as follows: Type "TT" Micro-Surfacing $1.24 per sq. yd. Truing & Leveling (Type 5 - Shim) $80.00 per ton Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #4O9 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the Bid of Island Resurfacing LLC for the furnishing and placing of Nova Chip Ultra-Thin Surfacing Course at $5.75 per square yard, within the Town of Southold, all in accordance with the bid specifications. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #410 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following computer equipment to be surplus and authorizes and directs the Town Clerk to advertise for sale of same: Asset 1266 1770 1978 2001 2002 2066 2087 2324 2309 2311 Description IBM Laser Primer IBM Laser Printer IBM Laser Printer IBM Laser Printer IBM Laser Printer IBM Laser Printer IBM Laser Printer IBM Laser Printer Dell PC Dell PC Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board July 8, 2003 26 #411 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Whitehead from his position as a part-time Minibus Driver at the Southold Town Human Resource Center, effective July 4, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #412 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste District budget, as follows: To SR 8160.4.100.120 Employee Work Gear $ 500.00 SR 8160.4.100.565 Maint - Mack Quarry Truck $ 500.00 SR 8160.4.100.595 Maint/Supply Tub Grinder $10,000.00 SR 8160.4.100.645 Maint/Supply Fire Truck $ 500.00 SR 8160.4.100.900 Landscaping Supplies $ 5,000.00 SR 8160.4.400.100 Engineering $ 3,000.00 SR 8160.4.450.200 Advertising $ 3,000.00 SR 8160.4.400.810 C&D Removal $ 50,000.00 From SR 1989.4.000.000 SR 8160.4.400.805 Vote of the Town Board: Funded Deficit $ 22,500.00 MSW Removal $ 50,000.00 Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #413 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby sets the price for screened mulch and compost from the Southold Town Compost Facility as follows: lib - 500lbs, free of charge; 500 lbs - 1500 lbs, 2 cents per pound; more than 1500 lbs, 1 cent per pound. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #414 Moved by Councilman Wickham, seconded by Justice Evans, 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 M. Zupa presently pending before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Southold Town Board July 8, 2003 27 #415 Moved by Councilman Richter, seconded by Justice Evans, BOND RESOLUTION OF TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 2003, AUTHORIZING THE ACQUISITION AND INSTALLATION OF AN AUTOMATED TIME MANAGEMENT SYSTEM IN TOWN FACILITIES, INCLUDING PERSONAL COMPUTER, SOFTWARE, EQUIPMENT, MACHINERY AND APPURTENANCES THERETO; STATING ESTIMATED MAXIMUM COST THEREOF IS $65,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $65,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE 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 I. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to acquire and install in Town facilities an automated time management system, including, but not limited to, personal computers, software, equipment, machinery and appurtenances hereto required for the purposes for which such system is to be used, in order to provide for more efficient time management at such facilities. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $65,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of $65,000 serial bonds of the Town to finance the 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 $65,000 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 the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to each item of the specific object or purpose described in Section I hereof for which said serial bonds authorized pursuant to this resolution\are to be issued, within the limitations of Section 11.00 a. 32. 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 to the provisions of the New York State Environmental Quality Review Act (" SEQRA") has heretofore determined that the specific object or purpose hereinabove described in Section I is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. Southold Town Board 28 July 8, 2003 (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 redemp 1 ion 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 oftll.is resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance 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 of 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 contenl s and as to the sale and issuance of the bonds herein authorized, and any bonds .heretofore or hereafter 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 b(- complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Long Island Traveler- Watchman," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #416 Moved by Councilman Moore, seconded by Councilman Romanelli, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 8, 2003, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE HUMAN RESOURCES BUILDING LOCATED AT 750 PACIFIC STREET, IN MATTITUCK; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $252,000; APPROPRIATING SAID AMOUNT Southold Town Board July 8, 2003 29 THEREFOR, INCLUDING THE EXPENDITURE OF APPROXIMATELY $52,000 INSURANCE PROCEEDS AND/OR OTHER FUNDS TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $200,000 BONDS OF SAID TOWN TO FINANCE THE BALANCE OF 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 "Town"), is hereby authorized to construct improvements to the Human Resources Building located at 750 Pacific Street, in Mattituck. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $252,000 and the said amount is hereby appropriated therefor. The plan of financing includes the expenditure of approximately $52,000 insurance proceeds and/or other funds to pay a part of said appropriation, the issuance of not to exceed $200,000 bonds of the Town to finance the balance of 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 not to exceed $200,000 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 a part of said appropriation. Section3: The following additional matters are hereby determined and declared: (a) The building to be improved is of at least Class "B" construction as defined by Section 11.00 a. 11. b of the Law, and the period of probable usefulness of said specific object or purpose for which the $200,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 12(a)(2) of the Law, is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years from the date of original issuance of said bonds or notes. (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 to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that the specific object or purpose hereinabove 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. Southold Town Board 30 July 8, 2003 Section4: 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 the issuance 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 of 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 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, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Long Island Traveler-Watchman," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #417 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the Cornell Municipal Clerks Institute at Ithaca~ New York on August 3, 2003 through August 7, 2003. All necessary expenses incurred for registration, travel, accommodations and meals shall be a charge to the Town Clerk 2003 budget Southold Town Board July 8, 2003 31 A. 1410.4.600.300. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #418 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Pirates Marine Cove Marine~ Fishers Island~ New York~ in the amount of $2~038.73 for repair and replacement of channel markers to be placed in both West Harbor and Hay Harbor~ Fishers Island~ New York, as well as repairing and replacing, or returning missing markers that are lost during the season, at a rate of $40.00 per marker, under the supervision of part-time Bay Constables, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 25, 2003; foregoing all in accordance with the bid proposal. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #419 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints John Evans as a part- time Fishers Island Bay Constable, and authorizes and directs Supervisor Joshua Y. Horton to execute an agreement between the Town of Southold and John Evans, Fishers Island, to perform services as Fishers Island Bay Constable for the purpose of patrolling the waters in and around the Town of Southold at Fishers Island, at a compensation of $1277.50 each per annum, effective through December 31~ 2003, the Town to Pay all expenses for fuel required for the operation of Mr. Evan's boat while he is performing services for the Town, and up to $250.00 during the term of the agreement for the servicing of the motor of Mr. Evan, and shall reimburse him for expenses for dock space, and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Fishers Island Bay Constable Michael Conro¥ from $2~555.00 per annum to $3~832.50 per annum. JUSTICE EVANS: John Evans is not a relative of mine, either. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #42O Moved by Councilman Richter, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Height of Buildings of Residential Structures" 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, 53095 Main Road, Southold, New York, on the 29th day of July 2003 at 5:00 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 the Height of Buildings of Residential Structures" reads as follows: Southold Town Board 32 July 8, 2003 LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in Relation to the Height of Buildings of Residential Structures". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the maximum building height of residential structures to further preserve the character of single-family neighborhoods. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-13. Definitions. B. FLAT AND LOW-PITCHED ROOF- Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, to ~,,~ ,~,~o~:"~* ~w,~:~* v,~c*~,~ .... ,~,cc~ ............................................ ~ ........................~ ...........2v,~roo . to e lowest point of the eaves for fiat and low-pitched roofs, and to the highest point of the ridge for other type roofs. The Bulk Schedule for Residential Districts is amended as attached. 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 thereof 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. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #421 Moved by Councilman Moore, seconded by Justice Evans, it was WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conformin~ Lots" 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, 53095 Main Road, Southold, New York, on the 29th day of July 2003 at 5:05 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 the Setbacks of Residential Principal Buildings on Non-Conformin~ Lots" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Setbacks of Residential Principal Buildings on Non-Conforming Lots" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- To clarify and establish clear standards governing the building setbacks to further preserve the quality and character of single-family neighborhoods. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-1995] Southold Town Board 33 July 8, 2003 A. This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the following: Area Yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 10,000 to 20% 35 15 30 40 19,999 Less than 20% 35 10 25 35 10,000 lll. 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. IV. 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, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #422 Moved by Councilman Romanelli, seconded by Justice Evans, it was WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" 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, 53095 Main Road, Southold, New York, on the 29th day of July 2003 at 5:10 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 the Size~ Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. Purpose- To clarify and establish clear standards governing the maximum building height, size and setbacks for accessory structures in order to further preserve the character of single-family neighborhoods. II.Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-33. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R- 400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed ei~hteem(tS) twenty-two (22) feet in height. Southold Town Board July 8, 2003 34 B. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots containing in excess of 20,000 square feet. Agricultural buildings and structures are excluded. t3. C. Setbacks. (1) On lots containing up to ~ ..... "' ~ ...... ~ ~,m ~ ....... .,,, .......... ~,,,,,,,,,,,~ ten thousand (10,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than ten thousand (10,000) square feet up to twenty thousand (20,000) square feet, such buildings shall be set back no less than ~ five (5) feet from any lot line. (-2-) 31~ On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than fia~o-(-5) ten (10) feet from any lot line. (-3) 1~) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than tea-0~ twenty (20) feet from any lot line. (4) 1~) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ~ twenty five (25) feet from any lot line. G. D. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. IlL 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. IV. 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, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #423 Moved by Justice Evans, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of July 2003 a Local Law entitled "A Local Law in relation to the Buildin;~ Hei;~ht Envelope in Residential Districts" 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, 53095 Main Road, Southold, New York, on the 29th day of July 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 the Building Height Envelope in Residential Districts" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to the Building Height Envelope in Residential Districts", BE IT ENACTED by the Town Board of the Town of Southold, as follows: Southold Town Board July 8, 2003 35 I. Purpose- The purpose of this law is to prevent overcrowding, loss of open space, and overbuilding on lots, and to provide separation and privacy between residences. Il. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows: § 100-34. Building Height Envelope. C. All buildings on lots within the R-80, R-120, R-200 and R-400 districts shall be set back from all property lines so that the height of any point of the building shall not exceed the horizontal distance between the nearest property line and the closest point of the building, or a 1:1 ratio; except that on lots with a width of 70 feet or less. the ratio shall be increased to 1:1 lA. D. Notwithstanding any provisions to the contrary_, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. § 100-30A. 5. Building Height Envelope A. All buildings on lots within the R-40 district shall be set back from all property lines so that the height of any point of the building shall not exceed the horizontal distance between the nearest property line and the closest point of the building, or a 1:1 ratio; except that on lots with a width of 70 feet or less, the ratio shall be increased to 1:1 lA. B. Notwithstanding any provisions to the contrary_, the maximum height limit for all buildings shall not exceed the maximum in the bulk schedule. 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 thereof 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. COUNCILMAN WICKHAM: I would just like to say that these last four resolutions all have to do with additional restrictions on building relatively large houses on small lots. There are a series of proposals dealing with setbacks and height restrictions. They will all be available from the Town Clerk's Office and they are all subject to consecutive public hearings at the times we have noted on July 29. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #424 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets 5:20 p.m, July 2% 2003 at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearin~ on the application requestin~ a waiver from the provisions of the Local Law entitled "A Local Law in Relation to a Temporary Moratorium on the Issuance of Approvals and/or Permits for the Parcels of Property in the Light Industrial Park/Planned Office Park (LIO) Zonin~ District and the Light Industrial (LI) Zonin~ District in 'The Church Lane Neighborhood and Immediate Area Surroundin~ the Town Landfill/Transfer Station' ", for the property of Christopher R. Mohr and Robert T. Mohr, located at 22155 County Road 48, Cutchogue, and identified by SCTM # 1000-96-01-20.1. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Southold Town Board July 8, 2003 This resolution was duly ADOPTED. 36 #425 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Joshua Y. Horton to sign an Agreement with the Dominican Sisters Family Health Service~ Inc. to provide family health services to low/middle income families, as part of the 2003 Community Development Block Grant Program, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #426 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 Horton to execute a lease agreement with North Fork Bank for the rental of office space. The office space to be rented consists of a portion of the first floor and the entire second floor, consisting of approximately 7,500 square feet, in the building located at 54375 Main Road, Southold, New York, for the term of fifteen (15) years (or until such term shall sooner cease and expire as hereinafter provided) to commence on the 1 st day of January, 2004, and to end on the 31 st day of December, 2018, both dates inclusive, on the terms and conditions hereinafter set forth. The rent for the office space described above shall be: (i) $52,500.00 per annum for the period January 1, 2004 through and including December 31, 2008 in equal monthly installments of $4,375.00; (ii) $57,750.00 per annum for the period January 1, 2009 through and including December 31, 2013 in equal monthly installments of $4,812.50; and (iii) $63,525.00 per annum for the period January 1, 2014 through and including December 31, 2018 in equal monthly installments of $5,293.75 All subject to the approval of the Town Attorney. COUNCILMAN MOORE: As Josh mentioned before, ! want to thank John, John was the point person who worked on this lease and the lease went all around and about. So thanks to John, you got a good deal here with the Bank and the Bank was very cooperative in working with the Town, a good business neighbor. So, it is a good deal. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #427 Moved by Councilman Romanelli, seconded by Justice Evans, WHEREAS, there has been presented to the Town Board of the Town of Southold on the 8th day of July, 2003, a Local Law entitled, "A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold; now, therefore, be it Southold Town Board July 8, 2003 37 RESOLVED that the Town Board of the Town of Southold hereby sets 5:25 P.M. July 2% 2003~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing on this Local Law~ which reads as follows: LOCAL LAW NO. 2003 A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard look" at the implications and potential impacts of the comprehensive implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board of October 8, 2002. The moratorium planning team has met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. The team has completed a number of important tasks to date, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GElS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; Southold Town Board July 8, 2003 38 · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GELS; and · three public hearings on the Draft GELS. The Town Board recognizes the need to comply with SEQRA, and understands the value of this process. The action is of Town-wide significance and is considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board has adopted a number of documents in conformance with SEQRA, including the following important steps: · classification of the action as a Type I action; · designation of the Town Board as lead agency; · preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GElS and setting of the public hearing; · acceptance of a Draft GELS; and · three public hearings on the Draft GELS. Since the last extension of the moratorium the Town ahs adopted a final scope, completed and accepted the Draft GELS, scheduled and held public hearings on the Draft GElS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GElS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board seeks to ensure that sufficient time is set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public hearings and kept the hearing process open until July 15th in order to facilitate greater public review and comment. Additional time is needed beyond the expiration of the six (6) month extension of moratorium enacted by the Town Board on February 4, 2003. As a result, the Town Board of the Town of $outhold seeks to extend the moratorium for an additional ninety (90) day period for the purpose of completing the Final Environmental Impact Statement adopting Findings pursuant to SEQRA, allowing the Town Board to determine how to implement the Comprehensive Implementation Strategy and permitting the Town Board time to implement those actions needed to address the issues covered by this moratorium. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days 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 during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in $outhold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; Southold Town Board July 8, 2003 39 2) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the $outhold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the $outhold Town Code where the Planning Board is prohibited from reviewing, processing, holding hearings on and making decisions on because of the provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106- 13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of $outhold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; 6) new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that Southold Town Board July 8, 2003 40 portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; 7) a site plan application for a two-family dwelling; 8) a site plan application for a bed-and-breakfast; 9) a site plan application for an accessory apartment(s); Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. 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 an extraordinary hardship affecting a parcel of property. To grant such request, Southold Town Board July 8, 2003 41 the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of {}Al 06-25 , {} A106-27 and Articles II! and IV of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and 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. 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: ! vote no because ! believe that 90 days is entirely too short to do justice to this important matter and ! would like to see it given a time frame that would get it past the election so that we could do a responsible job on it without getting tangled up in the campaign. COUNCILMAN RICHTER: ! am going to vote yes, and ! am going to explain my reason for that also. ! think that the moratorium is a very serious enactment of law that we put on and that the shortest period of time that we can do this, it just needs to be done in that period. SUPERVISOR HORTON: ! am going to cast my vote no, because I, too, believe that to do due process, not only to the proper planning of the Town but ! think that for the democratic process alone of the substantial amount of work that we have embarked on, we have, we are on the cusp of greatness, ! believe, in some of our planning decisions in Town and ! think that to provide proper opportunity to do this right, ! would support a six month moratorium. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. #428 Moved by Councilman Romanelli, seconded by Councilman Moore, WHEREAS the DGEIS has been presented to the Town and a public hearing has been held and remained open to date, now, therefore be it RESOLVED that the Town Board will close the public hearing on the DGEIS at the regularly scheduled Town Board meeting on July 15~ 2003 and commence the 10-day written comment period. Southold Town Board July 8, 2003 42 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes our resolutions on the printed agenda. ! would like to offer the floor to the public to address the Board on town related matters. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TOWN OF SOUTHOLD TOWN BOARD COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN TOWN OF SOUTHOLD BOARD H E E T I N G Southold Town Hall 53095 Hain Road Southold, New York July 8, 2003 4:30 p.m. Board Hembers Present : JOSHUA Y. HORTON, Supervisor THOMAS H. WICKHAM, Councilman LOUISA EVANS, Justice/Councilwoman JOHN H. ROMANELLI, Councilman WILLIAM D. MOORE, Councilman CRAIG A. RICHTER, Councilman GREGORY F. YAKABOSKI, Town Attorney ELIZABETH A. NEVILLE, Town Clerk .X .X Southold Town Board July 8, 2003 43 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44 SUPERVISOR HORTON: Mr. Meineke. MR. MEINEKE: Thank you Josh. Howard Heineke, President of North Fork Environmental Council and resident of Cutchogue. I want to repeat just one more time what we would like to see when we come out of the DGEIS discussion: The clustered conservation upzoning currently under discussion, it will achieve 80 percent land preservation and 60 percent reduction in density, which was what the Blue Ribbon Commission unanimously agreed we wanted to acc©mplish. And take note, there will be no mansions on five acres as a result of this. Now that, at this point, we would have thought was common knowledge. Now I'm looking at an advertisement here. It shows a road plugged up with contractors, pick-up trucks and it says, If y©u think that five acre zoning will preserve Southold Town, we hope you like parades. Five acre zoning will make the trade parade a way of life in Southold Town. Housing prices will skyrocket, HcHansions will increase the demand for tradespeople who won't be able to afford to call Southold home. Okay. Now, here we have an advertisement. It shows the road being plugged up and these antiupzoning folks must think Southolders are crazy. They must think we're stupid, because they're paying for an ad to make the point with a program that will build 60 percent fewer homes than we're currently building under two acre zoning. We're then going to get disastrous trade parade, and we're going to tie up our roads. I think it's ludicrous and I think it's insulting to the people of Southold. Now, in here there has been an argument that came up earlier that the landowners were going to disastrously lose land value. Now it would appear to me that housing prices will skyrocket, the foundation t© h©using price is land price. The land is being bought from the landowners; so I have trouble believing that out of one side of their mouths they say the landowners take a COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 tremendous hit in equity when prices are going to skyrocket and drive up housing prices. We're net that stupid felks. We're net. It just seems to me that this applies -- Helanie speke that it wasn't everyene's Ged given right te buy a heuse here. New the centracters that are werking here and a let ef heuses as I see it, seem te ceme and ge, and many of them live here. Now Helanie is right, they den't have a Ged given right te be here, and we de need the ether types ef afferdable heusing, but this is definitely ene ef these emetienal heart string ads that is set in quicksand. New, in the 1850s there was a political party, and they served for a while and had seme success, and they were -- fer yeu histery buffs -- were knewn as the "Nethings." Now this advertisement makes me think that this is pessibly a reincarnatien ef that party. New, I den't think we in Seutheld want to let the debate get to this level. This ad was run, there is net a fact here that's true. It's just being run te get peeple riled up and try te suck peeple inte ene side ef the debate whe den't think abeut it, and that does not help the debate, and that's why Helanie said we sheuld step the debate and get en with business and I think se tee. Thank yeu. SUPERVISOR HORTON: Thank you, Hr. Heineke. Hr. Penny. Yeu're mere than welceme te address the beard en the DGEIS, I think that's what I see in yeur hands. HR. PENNY: George Penny from Seutheld. I'm net here te jein the great debate. We've already enacted five acre zoning in the last master plan. This was done in Orient, and it survives teday. Se five acre zening is a planning teel. Is it the answer fer the entire Tewn? That's semething that we're geing te have te talk abeut. Let's start with maps. I called the Tewn Clerk's effice abeut twe weeks age and tried te get a lecal zening map, an update. I have an eld ene frem the last master plan. I was teld that these COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46 maps have not been updated in two years; is this true? SUPERVISOR HORTON: Yes. HR. PENNY: What maps are in the DGEIS? SUPERVISOR HORTON: Those would be maps off of the -- HR. YAKABOSKI: It's not a true statement. Well, the series of maps in the DGEIS, but as for the zoning -- HR. PENNY: Current zoning maps. SUPERVISOR HORTON: It's on the GIS system. zoning map. SO. MR. PENNY: It's the current SUPERVISOR HORTON: I believe MR. PENNY: Why are not copies available at the Town Clerk's office for anybody that wants to buy them? HR. YAKABOSKI: There is an answer here that's not going to satisfy your question, okay. One thing that's being done right now on Thursday, there is a meeting between one of the assistant Town attorneys and somebody else who's adopting putting the zoning map on the -- switching it so that the one on the GIS system is the official zoning map. Once that's done which I think there's going to be a public hearing scheduled shortly, hopefully next two or three weeks and that would be coming out. HR. PENNY: I'm sorry, you're addressing switching a map in the DGEIS? HR. YAKABOSKI: No, putting an official zoning map on the GIS system. It is a correct -- the one that's in there is a correct representation to the best of our knowledge of the zoning code -- excuse me, zoning district designation of the Town of Southold. HR. PENNY: How can anyone tell, judging by the size of that map whether it's correct or not? HR. YAKABOSKI: What do you want? HR. ROMANELLI: What are you asking for, a bigger map, a larger map? HR. PENNY:. Normally maps are COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47 available to the public on request, current zoning maps, land use maps, overlay maps, all of the maps that are missing from this particular study, which include current zoning, proposed zoning, overlay districts, hamlet breakdowns, proposed areas for HALO zones, I find absolutely none of that in here, and if it was in there, you can't see it. The map is about that big, as I recall, and you can't tell. HR. ROMANELLI: You have both copies or just the one copy? HR. PENNY: Excuse me? HR. ROMANELLI: You have both copies? HR. PENNY: Yes. I reviewed the maps. I cannot tell from the color codes, there are no color codes in there. It's all in various hamlet maps. HR. ROMANELLI: The hamlet map, the HALO zone, and the hamlet map, you can't read that one? HR. PENNY: No. I don't know how you can. The thing's only this big, and it's for the entire Town. There should be a big map out here for the public to see what's going on. HR. ROMANELLI: No. No there's one for each hamlet. There's a map for each hamlet. There's a map for each hamlet. HR. PENNY: There's a map for each hamlet? HR. ROMANELLI: Yes. HR. PENNY: Okay, maybe I misspoke. But you're talking about hamlet breakdowns. You're talking about moving things into the hamlets. I think areas should be designated on maps to show what, where these receiving areas are going to be. Also as far as TDRs, there are no accepting zones created and there are no receiving zones created, and the public should know what's coming. I mean, from what's in here, they can't tell. Just got to get to the right paper clip here, one sec. Regarding the SEQRA process, I've been told by two councilmen that this is only an environmental study, yet, if I find the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 48 page here, on Page 1-2, it says with respect to SEQRA procedures Part 617.10D states, "When the final Generic GEIS has been filed under this Part 1, no further SEQRA compliance is required if a subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the Generic EIS or its findings statements. That means that the Town Board can go carte blanche. You don't have to hold a whole other series of things. You can take all of the ifs, all of the ands, all of the maybes and adopt any one of them at any time. I don't believe that statement is true. BOARD MEMBER: You're right. MR. PENNY: Yet it says it here on Page 1-2 BOARD MEMBER: You have to have public hearings on the proposed local laws, TDRs. MR. PENNY: I know that. BOARD MEMBER: That's not what that's saying. It's simply referring to the environmental review process. This is a umbrella document. Basically what it's saying is that -- MR. PENNY: You're telling the public that this is only an environmental hearing? BOARD MEMBER: Right. MR. PENNY: But this is giving you the authority to move ahead in any direction you choose, and I believe that when you go back into the far end of this -- which we'll reach in a little while -- and you hit the Chinese menu, I don't think any of you up there know which of these things you're going to pick or which you're not going to pick. And I don't feel that this document covers the multitude of varieties of combinations of different planning attempts that you're going to make in any way, manner, shape or form, but any -- Voice: But any code change that does happen -- let's be clear about that -- there is public input. There's public hearings. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 MR. PENNY: That's not what I'm questioning. I'm questioning full SEQRA compliance. And this document here says that none will be required. I think that that should be addressed. Okay. This is in the very beginning page, S-2. The socio-economic issues largely center around the need for affordable housing and a stable tax base. And stem largely from the fact that Southold's economic is presently a seasonal one based on agriculture, marine industries, tourism and retirement homes. Town businesses, including agricultural enterprises, et cetera, et cetera, et cetera, the key word here is socio-economic issues, I cannot find in this document where these are addressed. As a matter of fact, when you get to the issue of land values, in the pages it says that it's not a part of SEQRA to evaluate the rate of return a farmer will get on his land. That's the only disclaimer, the rest are completely absent. So, if you're going to address socio-economic issues, such as all of the young people having to either inherit something or doing illegal rentals somewhere or traveling from out of town, that is a socio-economic issue as far as I'm concerned. None of that is addressed in this document. The proposed action considers implementing the planning and program tools and measures recommended in the planning studies undertaken within the Town in the past 20 years. These studies and recommendations and plans were reviewed in terms of current Town needs and goals. Most of these studies in the past were shelved for one reason or another by various Town boards, some of you people are sitting right there, and the board that I sat on are one of them. So why you would hinge the future of Southold Town on a bunch of reports that the Town never adopted and hold less dearly to one that the Town did adopt, which is the Town Master Plan is beyond me. I mean, you're quoting these things. They're listed in here as a way to save the Town, and they were discarded in the past. The goals. Very laudable to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5O preserve land including farmland, to preserve the rural culture or historic character of hamlets, preserve the Town's remaining natural environment, and to preserve and promote the range of housing and business opportunities, t© increase traffic efficiency, et cetera. Very laudable. It's in the Master Plan, it's in the d©cuments that already exist. Very little question with that. To preserve rural, cultural and historic character of the hamlets surrounding countryside. To preserve a range of housing and business opportunities; specific strategies. The ability of the Town residents to afford housing in their own Town is one of critical concern and imp©rtance. Nothing changed in the approach on affordable housing between the beginning ©f this d©cument and the end of this document. It is very clear, as I will point out in later pages, that the writer of this document did not understand the Town's affordable housing program and how it works. And I will be very happy t© reiterate because that's something we worked on back in the '80s. The demographic analysis conducted on part of this DGEIS conforms to the housing needs identified ten years ago. It is clear the housing opportunities must be expanded for a variety of income level families. That's not done here. And affordable housing opportunities must be located geographically throughout the Town. The overlay district for that already exists within, I believe, it's a mile or half a mile of the hamlet centers. I mean, everybody that has the code book, all you have to do is pick it up and read it. Nobody's used it. Everybody ignores it for whatever reason I don't know, and this document doesn't understand it. The Town renews its commitment to provide diverse affordable housing opportunities throughout the Town. Policy considerations have been researched and compared as part of the CIS and part of a SEQRA process to allow for Board acceptance and public review. Sounds nice. There's nothing recommended in this that is any different than COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 51 what is already existing. Following that up, amending affordable housing requirements and creating new incentives in connection with new subdivisions and changes of zones. Amending zoning to allow diversified housing stock, including small to moderate size units in condominiums and apartment styles, permitting mixed-use development within or adjacent to existing hamlets, identifying appropriate parcels where PDD can use the term with public funds, et cetera, et cetera. Consider density bonus for additional units that are provided as affordable housing, that does not appear in this document. Their proposals are in here as possibilities. Maybe we'll put in a HALO zone; maybe we'll PDR it somewhere, but this Town has absolutely no intent on using those. They haven't in the last 12 to 15 years. There has not been a new affordable housing project in this Town and there has been every effort on behalf of the Town Board to duck the issue. Maybe they're afraid they'll get voted out of office, we did. Did it hurt us any? No. We did it for the good of the Town. There are people that don't talk to me because I put affordable housing in their neighborhoods. So be it. Some of those kids in there work for us, a lot of them you know. There's a lot of talk about affordable housing in this Town, but the only talk that they ever mention is the one that sells it for profit. How about a survey of the ones that are still there? There's a lot of them. They work all over this Town, and you know what they say, if we got $300,000 for this Town -- for this house, we'd have to leave it, leave the Town 'cause we can't replace it. So what good is it? And most of the HD zones were depleted back in the '90s, which allowed for affordable housing. One of them in Greenport which became quote/unquote "controversial." The Kontokostka change of zone HD 20 or 30 units, as I recall, of affordable housing. The Town Board required that as part of his change of zone, and he went along with COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 10 it. Now that's been obliterated. So that's 20 or 30 units that could have appeared on the charts that would have helped. Ail you need is ten to 20 units a year for entry-level housing, and to me, so the Town could be taken care of but no board has touched it since '92. Page 1-19, Economic Development Plan proposed. That's the end of the economic study. It's proposed. Something we should do. The AC zone as originally envisioned on Page 1-21 was intended as a distinctly separate zone that would allow for the business of agriculture to take place while preventing incompatible residential development on prime agricultural soils. I got on the Board in 1985. We passed the Master Plan in 1989. There was absolutely no discussion during the time that I was on the Board about the commingling of the two zones. It was already done. So I can't speak to why it was done except for a conversation that I had with the Town attorney at that time who was Bob Tasker, who I spent many hours with going over what I had missed and getting caught up, and he said that no Town board since the inception of zoning had separated the two. So, when the Master Plan says this, they are accurate in what they're saying. When this comprehensive plans it, they're actually accurate in what they're saying, but then they don't tell you the whole story that no Town board to date has separated the two or intended to separate the two. So if it makes it sound like this is a goal of somebody's, well, it was a planning concept. Let's face it, it was a planning concept in '82; it was discarded by the Board in '83, end of story. Why is it coming up here? Would you tell us the story? It's only telling parts. Page 1-22, five acre upzoning. This seems to conflict with the farm and farmland protection strategy, the background studies and recommendations of the Town's 1985 Master Plan in that it does not recognize the unique nature of agricultural land and the incompatibility of active farmland with COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 11 residential uses. Now it's misquoted because now you're saying that in the Master Plan, which is right here (indicating), that that was still the intent, and it's not true. The intent, if you read this Master Plan, they had the same problems making decisions that you have today, is how to protect the farmland by clustering, by TDR, by County programs, by Town programs, et cetera, et cetera, et cetera. So this on Page 1-22 is not true. RO and LB district review on Page 1-25, this gets into more than five acre zoning. We were not even close to talking about the five acre zoning. The intent of the comprehensive plan and zoning code was to permit limited -- maybe they're talking about the Master Plan. I really think they should be quoting the Master Plan in any of these cases, when they're referring to something here because the comprehensive plan is this one, and this is not a plan. This is a side study that's in the works. The current code fails to do this. It does not establish appropriate parameters to insure the integrity of the hamlet centers. Further, the concept of the RO district has been undermined by a permissive home occupancy law that allows homeowners in residential districts to enjoy many of the benefits of hosting a business in a residential area with less of the restrictions in an RO district. A permissive home occupancy law, is that the next target without SEQRA? I mean, I'm standing here a survivor of the County Route 48 study. Okay, I read that document cover to cover. It had the same generalities, the same innuendos, the same references to things obscure that you wouldn't even think of, and all of a sudden the hammers came down so every word in this document should be treated as gospel, because if the Town is going to follow-up on any aspect of this, we've got to know what's coming and you're not telling us. The LB District was intended to provide another form of transition between an intensely developed hamlet and general business area and agricultural land. The uses intended for this district were in keeping COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 12 with the rural character in terms of the level ©f traffic and physical appearance. The current code fails to do this. The LB district was created mainly for the County Route 48 businesses. If you looked at the zoning map at the end of the Master Plan, you would find that probably 80 to 90 percent of the LB zones were located on County Route 48. That was so they couldn't get into the general business community and there were a lot of services, businesses, put out there. So this is a fairly inaccurate statement. Hamlets were clearly defined, we put RO ©n either side extending out of the towns, away from the district barriers. We worked on what they called a concentric circle theory, which I think I saw mentioned s©mewhere, and it was perfect. It was perfect, and, true, it was changed and probably ought to be looked at because a lot of changes happened when that 48 thing came down, and not all of them were good ones when it came t© the LB zones. They put LB zones in where they shouldn't be. They now allow restaurants in them, country inns, that type of stuff, and that was never intended for that. We were protecting the borders of the hamlets when we did what we did. The amendments t© the HB district code also added the following list of permitted uses. Nothing big ©n that. AHD district review Page 1-26. The affordable housing district, AHD, does not create permanent supply of affordable dwelling units. Absolutely true. But it was never intended t©. It was intended t© be a stepping stone for people to move in, spend seven years and move on. Unfortunately, with the change in the economy, they can't afford to move on. So a lot of them are still there, and if, in fact, town boards had followed this theory and put in, like I said, the ten or 20 units per year that could have been required and probably met the needs of the community almost town-wide, there would be no need for affordable housing today because people keep moving in, and if you create something that is permanent in affordable housing, it has the potential to become a slum, because when the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 people realize at the end of the period when they have met all the requirements of the Town, and they take their money and run, God bless them, it's a starter house. It's a starter house. That's all it was meant to be. If you want permanent affordable house dwelling units, make them rentals, make them rentals, put somebody in charge of it. Hake them a co-op or something where -- you know, I mean, any of these initiatives could be done, but there's been nothing done. Ail I hear is, oh, we'll put them in the big old two story houses here, people really don't need all that room anymore, maybe they can whack out part of it and give it to some poor young couple. That doesn't work. Everything by the time you get through getting trashed by the building department and the Suffolk County Department of Health Services, those things don't work. There are ways of doing it, but they don't show -- but they don't appear in this document. Review of home occupancy restrictions. We spent a little time on that one. The home occupation law said the law should simply permit the running of a single person business out of a home where there is no retail, wholesale or customer traffic to and from the home. Outside of the baymen, that is true. It does not allow retail and it does not allow a constant flow of customers. As far as hair salons go, doctors offices, which were already existing before this law, there are cases, but there is not a terrific amount of traffic under most of those. They existed before the home occupation law. The home occupation law, we covered the baymen, so the baymen could actually sell their scallops to somebody or somebody could pick them up at their house, or they could deliver them from their house, and the builders and others could work out of the house, and if there was any equipment around it was supposed to be screened. If that's not being done then that's a code enforcement problem, that's not a problem to change the law over. Or are you changing the law or aren't you changing the law? I mean, all it COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56 14 says here is it's a problem, and the problem is whoever wrote this doesn't understand it because it clearly doesn't allow retail. An example, medical office, tradesmen or contractor uses have resulted in complaints. The nature of those complaints I would like to see in this document because if these complaints have come in, you don't have to give specific names or anything, but if you have a complaint of a specific nature and the Town enforcement officer, which you have an officer, an enforcement officer, is not enforcing the code, then there's something wrong, but that doesn't mean that you have to or not have to change the codes. There again, we don't know which way you're going to go on this. Reviewed the zoning map Page 1-29. The Town zoning map provides a legal structure on which the land use pattern of the community is structured maintaining a viable zoning framework essentially while insuring the future vision of Southold. Past studies have shown that the existing zoning in several areas of the Town may require review and modifications. These include, change the business zones along County Route 48. It says here that that was done, but then there's one, two, three, four, five, six, seven more areas that are just briefly touched on. The one that really got me was reduce and consolidate the industrial zones on Hain Road west of Greenport. Can anybody tell me what that one is? Now I went to the map, I got the little map book. I paid the 25 bucks and I took it, got it from the Town Clerk, and I took it upstate over the weekend, and when I see industrial zone west of Greenport, I see my lumberyard. Am I being targeted again? Is this County Route 48 coming over to the Hain Road now? I mean, nobody knows, but supposedly if you're going to put in here the points that need to be addressed, spell them out so the people can see what's coming because this is the type of stuff that was in the 48 study, and nobody knows unless they read it, review AHD zones in accordance with a COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57 15 new affordable housing plan. There is no new affordable housing plan. Review viability eventual controls and location of the RO district; what are the problems? Let's be specific. I mean, this document probably raises 500 questions that you guys can act on, without the public being aware of what those questions are, and that's not good planning. We spent four years going from hamlet to hamlet, maps, paraphernalia, the whole bit. We had sessions at the Hattituck high school, Southold high school, Greenport high school, East Marion, Orient. We went everywhere. We answered questions from the public and that was a Master Plan. That's planning. The public knew what was coming. Not everybody was happy, but we had a bipartisan Town board that passed that Master Plan. It was a bipartisan board. You know what that meant? The key word was compromise, everybody got a little and not everybody got what they wanted, but everybody got a little and everybody got some, and four people there might have been five, but I know there were four for sure because we required four, signed, you know, passed that document and that was a milestone, although it wasn't acknowledged by people in the years after; and it's still being briefly passed around now. It still is the document that stands behind this town. Rezone appropriate parcels along Hattituck Creek. Well, that was part of the 48 study again. Review liability dimensional controls and locations of LB districts, create watershed protection zone, coordinate existing zones within hamlets with newly delineated hamlet barriers, which hasn't been done yet. So we don't have the hamlet boundaries, but we're going to coordinate existing zoning with it. Come on guys. TDRs. The approach proposed by Southold is to designate village or hamlet areas where more concentrated development would be encouraged. TDRs could then be used to create higher densities. Now you're going to wind up where I am on the other side of the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 16 fence because the minute that the neighborhood sees when this is coming, higher density in their backyard, yeu're eut, simple as that. But yeu're net telling them it's ceming. Put it this way: Yeu're alluding te the fact that it might ceme, but yeu're net presenting any maps er any details ef where this is geing te ge. Se hew many vacant acres within the Tewn ef Seutheld right here, right areund us right here, can yeu put mere heusing and mere business? BOARD MEMBER: Quite a number. HR. PENNY: Huh? BOARD MEMBER: Quite a number ef acres. see? HR. PENNY: Why can't the public SUPERVISOR HORTON: I think the peint yeu're raising is a geed ene, and I think that meving ferward there's geing te, I think witheut a deubt hands dewn there has te be a censensus building as well as infermatien gathering and sharing precess that this entire Beard is geing te have te undertake if this envirenmental review is passed and helds yeu up and then planning decisions are made ferward frem that. And I -- HR. PENNY: I can make a fairly calleus statement new and say that the Beard -- that what I've been teld is that all this is a smeke screen fer five acre zening. I den't believe that the Beard has any intentien ef acting ena let ef the initiatives in here, and most of these initiatives are geed enes, but they're net being fellewed threugh and that makes me suspicieus. BOARD MEMBER: I don't want to believe -- I den't want te believe that this is a smoke screen for five acre zoning, and we're geing te de everything we can te give full review and full weight te all the teels we have available te us as an elected bedy te plan fer the future. HR. PENNY: Then do a master plan. Let's de it right and de a master plan. HR. ROMANELLI: George, you keep cemmenting, when is the public geing te knew, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59 17 when is the public going to know. Well, you know, as you know because you've been in this seat, so you know how the process. You do know, and so let's just get it out on the table that this is a generic environmental study, and any plan for a hamlet density zone TDR plan transferring density to a certain area will be addressed through public hearings through meetings like this. You keep saying that the public's not going to know that tomorrow morning we're going to put on the books that we're going to have a transfer of development rights right here in Southold, but you know. MR. PENNY: You know what a Master Plan gives you. MR. ROMANELLI: But you know that anything that we're talking about that comes out of this to go further into a code change -- local laws change legislation -- requires the whole public hearing process. So let's don't elude the public that let's snap our fingers and make it happen. The public hearing process continues to go forward on any change that is suggested or talked about in that document. MR. PENNY: Who's going to follow this up? Heaven knows that may be whoever survives an election over this thing, you got the Town so polarized over five acre zoning what you're saying is if you're intending to use the bath water for something, let's not throw it out. Let's throw the whole thing in. Let's throw the whole mix in. Let's make it a Master Plan so the people know what's coming. That's what was done in 1983. I jumped on it in 1985, and we passed it in 1989, planning takes time. SUPERVISOR HORTON: Your point is well taken. HR. PENNY: Hap. This talks. This gives you the ability to come and go and wiggle and say, oh, yeah, we're going to do that later. Well, who says you're going to be here next year? SUPERVISOR HORTON: There are also portions -- I believe that there are also portions of this document I would think that COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60 18 would require, just hypothetically speaking, Hr. Penny, say there was the Board's will, sometime within the next year -- HR. PENNY: What is the Boards's will? SUPERVISOR HORTON: Hay I finish? I think that if the Board were to adopt a TDR program and it cited a specific receiving area, a sending and receiving area, I think there would have to be further environmental review of that. I don't think that this environmental review is complete, and I also think that your point is well taken about reviewing all of the zoning districts in the town because if there are significant portions of land that are affected by one zoning category, why is it that we are not looking at the reality that there may not be enough business zoning or light industrial zoning for the people that service the town to exist in, or is the current zoning that allows those entities to exist is it sufficient in its lot coverage and the technicalities of that, and I think all of that has to be aired and reviewed. HR. PENNY: One piece at a time, why not do it all at once? We did it in the 1980s; why not do it all at once? Present a balanced program to the town that the town can live with and the polarization will stop. SUPERVISOR HORTON: Point well taken. Would you like to continue on with the remarks on the document? HR. PENNY: Would you like me to continue? AUDIENCE: Enough already. SUPERVISOR HORTON: Everybody will have their chance, but I think it's important and I'm happy to ask Hr. Penny to take a break and give someone else a chance, but I think the public's input, I hear a lot of input that I don't necessarily agree with, but it is important that every member of the public has their opportunity to express their issues, express their concerns, express their views and I will maintain that for as long as I'm here. If you'd like to continue, it's your call. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 19 MR. PENNY: It's your call. I can continue; I can come back. SUPERVISOR HORTON: What I'll do is I'll allow if there are other members of the public that would like to address the Board. HR. RICHTER: George, let me explain a couple of things, how I view this document. This document is an environmental study. It's full of information that we're looking to gather from the Town to do a Master Plan -- and I don't agree with you. Master plans need to be updated, need to be changed because as our town changes, we need to stay current. I believe Riverhead is doing one or in the process of finalizing theirs. There's a couple of things in here, when you take a document of this size, which I don't agree with you on a lot of points, I think it's a well-written document. You can tear any document apart, especially one of that nature and of that size can be torn apart. But what happens is one of the things we need to do -- we need to address some issues. I personally think there are some very pressing issues out there and that Southold's at a crossroads and it's almost difficult enough to get one item through, and I agree, I believe government is a little bit stagnant. I think we don't tend to move real fast. If you tend to do a lot of issues at one time, to address a number of them -- and I can list them right off -- I think we would stand here and get nothing accomplished for quite some time. What we don't have the time, I think moratoria is something that we put in place because the pressure is here for us to see, we can all see the pressure that's here. To extend moratoria I don't think is fair. We did it for -- we extended it for six months. We're in the process of extending it for another three. We're not being fair to landowners when you continue to do that because they don't know what the rules are of the game. They are told they absolutely cannot touch their parcels until we get done with moratoria. So I don't like the concept of keep extending moratoria. I think it's COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 62 2O time to make decisions, address issues. Now, you said to us that document has a number of issues that should be addressed all at the same time. I do believe that affordable housing is a tremendous issue, and I don't believe that the traditional is working any more. I think we need to change to a different concept and go in a different direction. It definitely is something that is needed. But with the pressures -- when Valerie Scopaz, our planner -- and don't forget the people that put that document together, all have expert backgrounds as planners, and I know some of you are going to believe me and some of you are not; it depends on what side of the issue you want to take whether you believe what I say is true or not. There's a lot of expertise that went into that document. But when our Town planner Valerie Scopaz says to me that they're lined up knocking on the planning door, I believe the number was 72 inquiries during the moratorium so far. I'm afraid that if we don't take action in this Town, we don't do stuff -- I shouldn't say stuff, that's not the right word. We need to continue to move forward. Nothing's perfect. That document is information only. John said it a minute ago, whatever actions, laws that we put into effect will require public hearings, will require more input from the public, and I think that is a good thing. We do need to hear what everyone has to say. But we can't stall. We have to keep moving forward. Thank you. MR. PENNY: Should I move on? SUPERVISOR HORTON: What I think I'm going to do, we have so many people here, and I see hands that are up. I'm going to offer the floor to other members of the public that would like to address the Town Board and, Mr. Penny, we'd be happy to take you after those people are done. MR. PENNY: That's fine. SUPERVISOR HORTON: As well as have the Town Board meeting next Tuesday and open the hearing time up at 8:00. Mr. Carlin. The Suffolk Times is leaving, Mr. Carlin. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 63 21 MR. CARLIN: I know. You know, our First Amendment, Freedem ef Speech we have in this ceuntry, and everybedy has the right te use it. But unfertunately the animals den't. Se I am here tenight te speak fer the animals ef the Seutheld Tewn Animal Shelter. Hine is a twe page jeb here. I'll start with the League. I was downtown the ether day, and semebedy asked me what's geing en with that Nerth Ferk Animal Welfare League, hew ceme yeu're net running, I said, hell ne, I ain't geing te run again, it's a Ringling Brether and Barnum and Bailey Circus. It was again in February. I den't want ne mere ef that. What I'm geing te say tenight are facts at that meeting, because the peeple net enly the members in the Tewn must knew abeut it. And John Romanelli, you were there and yeu knew what I'm geing te say is true, and I'm disappeinted that that seme ef yeu ethers wasn't there at the Beard te see what went en because they say ene picture is werth a theusand werds. We walked in. I get there at 9:00; yeu can't ceme in until 9:30. It se happens I happened to be there. We walked in, Anyway, three lawyers te run an annual meeting, an annual election. Three lawyers, ene te cenduct the meeting, ene fer technical advice and ene te ceunt the prexies. Bey, that's pretty geed. Suppesing yeu, Jesh, didn't make the Tewn Beard meeting, what weuld yeu de? Yeu weuld autematically appeint yeur deputy superviser te run it. Yeu weuldn't ge eut te hire a lawyer, weuld yeu? Weuld the taxpayer like te see that, ge eut te hire a lawyer? SUPERVISOR HORTON: I'd like to hire a petate farmer instead. HR. CARLIN: What did you say? SUPERVISOR HORTON: I'd hire a petate farmer instead. HR. CARLIN: Well, maybe we'd get something done. Then, and the ether one with the count the proxies, which we never even had a chance te de, and te this day we never seen them er never had the chance te meniter them. That was the meeting, real, real, quite a bit COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 22 of meeting. You would say that was a democratic way of having a meeting. No questions and answers were allowed. I managed to fire off one to the accountant, and he couldn't answer that, and then I was told, well, we don't have the time now; we'll get to that later if we have the time. We got to be out of here at 12:00. The Boy Scouts are coming in. The Boy Scouts weren't due to come in until 3:00. And you know, in here in this letter that Anna Casimano sent out -- SUPERVISOR HORTON: Mr. Carlin -- MR. CARLIN: What? SUPERVISOR HORTON: If I may, I've heard over the course of the past couple weeks, and I think Miss Wolf very eloquently and articulately expressed some concerns, and they sound similar to the concerns that you're expressing. I will have it on the agenda at the next Town Board meeting to discuss Miss Wolf's recommendation so that will be at the July 15th work session to discuss that. But as it pertains to the inner workings of the League, I don't know if this is the appropriate body or the appropriate place to air that. So if there's actual Town related business. MR. CARLIN: Why isn't it? You people contract out to the League, why isn't this Town business? Why don't you want to hear this? It's Town business. SUPERVISOR HORTON: We are going to -- MR. CARLIN: And I'll -- and I'm telling you what the facts are. If you want me to stop on that, that's what you want me to do, right? SUPERVISOR HORTON: I'm simply saying that -- MR. CARLIN: Simply telling me that you don't want to hear the truth, and I'm telling you truth. John can verify that. He was there, if you were there you probably would know, but I'm telling you to make sure you know. SUPERVISOR HORTON: I appreciate that. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 23 MR. CARLIN: You can't win an election if the other side controls and sets the rules, and that's what you got here. They took away the Roberts Rules of Order and they put special rules of order and set the rules the way they wanted it. It was simple. Anna Casimano sent out this letter, newsletter, winter 2002 newsletter, and she said in here and I quote, "Be sure to read all the materials you receive carefully so you can make your voice heard at the upcoming election." We never even had the chance to read the speech. Then when it goes to the agenda, there's nothing on here that says people are allowed to speak and ask questions, and if you go to Number 2 of their special rules, the only matters to be discussed are items on the written agenda, which there was nothing on the written agenda. So it was set up to be hurry up, knock 'em out and count 'em affair, and Mr. -- and at the 2002 October meeting, the Town Board, when there was being discussed about things at the shelter, Anna Casimano said, if I don't have a contract of some kind for a new shelter in the spring, you can take your animal shelter back. Well, that's the time when Jean Cochran should have said to her goodbye, auf wiedersehen, we'll go to a municipal animal shelter and it will be run by the Town in an oversight committee, and that's the way I recommend it to be done now. It's awful. It was awful. Then Lorraine Andrews and her mother and I were insulted and we walked out to the parking lot after the election, and I told you what was said. I'm not going to mention it on TV, I don't think I want to. But -- so never had the chance. How would you like it if the Board of Elections called you up and said your next election, you're not going to use a machine, you're going to use proxies only, and either a democrat or republicans are the only ones that are going to monitor and count the proxies, would you like that? Well that's exactly what happened to my group. SUPERVISOR HORTON: I have to feel that one out. MR. CARLIN: That's exactly what COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 24 happened to my group using logic and reason. We wasn't allowed to monitor, to this day, the proxies or the voting at all. It was awful. It was a game of Monopoly, and I don't have time to get involved in it. Once is enough for me. I was surprised at the amount of members that was there. I hope they see what went on, because seeing is believing. SUPERVISOR HORTON: Mr. Carlin -- MR. CARLIN: I know what you're saying and I'm going to finish on that one, and I'm going to switch over to the other phase of the animal shelter itself, and this one you can't knock me off on. SUPERVISOR HORTON: That's right. MR. CARLIN: Okay. Now, back in 2002, January, you had a meeting here with the North Fork Animal Welfare League about building the shelter. You discussed it. And they didn't like some of the specifications of your plan. So they said we don't like some of the specifications of the plan, let's go back and start all over again. Well, in the first place, it's a Town animal shelter. They have no business or no right to get involved in how the shelter will be built. It's not their shelter. They only contract out to run it. But they shouldn't even be involved in what kind of shelter we're going to build here. It's what you people think the shelter should be, the architect, what engineers you have, what the shelter will be, not them. So then you come along and said right here, Josh, and it's right here in the Suffolk paper. I'm a bit taken back by you coming back to us now just two days before going out, we're going out for the bid, now that was 18 months ago. I can understand why you delayed here, because you only had $500,000. You didn't have the $1.25 million which the foundation came up with last July with the plans and the picture of the shelter, and I've got it here. It was estimated to be $1.25 million. So, they delayed, and you John, Mr. Romanelli, at the same time at the same meeting says if the Town Board elects to walk away from this bid, I will walk away from COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67 25 this whole situation, which I really can't blame you 'cause you were getting nowhere. And now, after 18 months comes a Bill Moore, about four months ago, Oh, we're moving along, in July -- no, we're moving along in March. Then we tend to be pretty good in July. Now it's July. Then I read in the paper Travel Watchman, June 5th, the Board, the Town Board meeting a resolution was passed by the Town Board to have environmental planning and consulting firm conduct a State Environmental Quality Review Act. The Town has been there for 18 years and now all of a sudden you got to bring those people in now? SUPERVISOR HORTON: Mr. Carlin, it's a requirement. Mr. Carlin -- MR. CARLIN: What? SUPERVISOR HORTON: I'm going to again, defer to Councilman Moore, who again will say -- Mr. Carlin, please, what I will say is Councilman Moore has taken the bull by the horns on this issue and worked diligently and very hard in not only informing the Board on the progress of building an adequate shelter, but has led to progress in the development of plans for building a new shelter. So I'm going to defer to Councilman Moore for a minute on the issue. COUNCILMAN MOORE: We will have a detailed report for the Board in two weeks. I will have a detailed report for the Board in two weeks. We have more progress, I won't bore you with that, but Josh is right, that environmental review process is required for us to do the bond for the construction. MR. CARLIN: Why did you wait so long to do that? Like I keep asking, why didn't you get that bond issue out before? Ail this, why you waiting now for; all this stuff comes along and it detains you, why did you take so long for? COUNCILMAN MOORE: We won't talk about how government process works. MR. CARLIN: Government process. COUNCILMAN MOORE: Okay fine. Jamie Richter has been very, very helpful and he has called in to me today. In fact, I have not spoken to him today. I will report to the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 68 26 Board in two weeks about where we are and where we're going and will be happy to share with you after I speak with Jamie. MR. CARLIN: You also said in the same paper that now the Board will select an architect and engineers. Don't you have an architect by now? What are you doing here? You're going to select an architect now, when 18 months ago I just said to you only been out for a bid. Who are you going to select? SUPERVISOR HORTON: Mr. Carlin, we are working together very hard to creat and develop a new shelter. MR. CARLIN: I know you're working very hard. SUPERVISOR HORTON: Mr. Carlin, we are, to create and develop a new shelter that's adequate. MR. CARLIN: How much are environmental plans going to cost, tell me now? How much is it going to cost? SUPERVISOR HORTON: I think it's between $700 and $1,000. MR. CARLIN: You think. SUPERVISOR HORTON: And the study's complete. MR. CARLIN: The Town ought to be ashamed of themselves to build a shelter for these people, Mr. Wickham, are you asleep? COUNCILMAN WICKHAM: No. MR. CARLIN: Thank you. Sorry if I bored you. Like I said, you should have got the bond issue with the people done with and that would have been out of the way. You still don't have the $700,000. You don't have it Bill, do you? COUNCILMAN MOORE: The Town attorney has told us we couldn't do the bond issue until the until we had the SEQRA document. The SEQRA document is done. The bond resolution is a simple matter of setting a public hearing, letting folks talk about whether we should or shouldn't, and, in fact, here is one of the issues we have to know and the architects are going to help us with this. We have to know even if we're going to use $750,000 of a bond, 250 from Mr. Raynor, that's one million, but if it comes in at 1.3, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 27 1.4, 1.5, the bond resolution has to identify the maximum cost and where the money's coming from. I don't have today a maximum cost, so the bond resolution today is premature, but it is not a difficult thing. It is not a public vote. It does not go out for referendum. Bear with us, Frank, you're right, 18 years is too damn long, but we're moving forward, and we're trying to move forward under circumstances that you folks have alluded to. Forget about alluded to, brought straight out, which is internal issues with the League which boil over to affect the Town business of running a shelter. So I try and tread lightly and work carefully with a lot of folks keeping our eye on the goal, which you said a moment ago is the new shelter, and I ask your patience. MR. CARLIN: This year $1.25 million, I ain't come along saying when we get this. COUNCILMAN MOORE: What would you like to hear out of me tonight? MR. CARLIN: What would you like to hear out of me? Now you listen to everybody else, let me please finish what I want to say. SUPERVISOR HORTON: You do understand that you have the commitment from this Board to build an adequate shelter? MR. CARLIN: I know that, but let me get my facts out, okay. If I'm bothering you, I'm sorry. SUPERVISOR HORTON: You're not at all. No, you're not at all. I just want to make sure that we're clear that we're trying hard, working hard to build a shelter. MR. CARLIN: We started out with $1.25 million, okay, now if we get the bond we'll have $100,000 right, with the 750, you just said it, and Mr. Raynor's could be one million, right? Now then you say the same type I read before you to three to 400 we need. So now we're over 150,000 already. To the 1.25 million. You said that in the paper here June 5th, we're still short 300 to $400,000. So that makes your 150,000 already over the one million and a quarter. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 28 MR. MOORE: I'm sorry, we're estimating $300,000, $400,000 shy that we're going to do fundraising for and the foundation's going to help us. In fact, I was going to show the Board in a couple weeks, but I'll give you a little piece of information. In sitting down with folks to get more input on what this thing has to look like and we had comments back from this fellow Mr. Radley and led to further meetings with folks from the League and Mr. Gillian and others how this thing would work and the layout. What did we bump up -- 400 square feet. I don't want to say 700. I'll be conservative and say 400. So it's got to be this and it's got to be that, and so there is problematic discussion of what it's going to design and look like. So let me get more detail in four to six weeks. MR. CARLIN: It's simple mathematics to me. This was the plan that the foundation put last July, this is a plan, a picture of the building the inside plan now. COUNCILMAN MOORE: And that plan was sent out to Mr. Radley. MR. CARLIN: Are we using that plan now? COUNCILMAN MOORE: It's being modified. MR. CARLIN: Well, if that plan was at a $1.25 million that plan right there, how much -- who is modifying it? Are you the North Fork League who ought to review these plans. COUNCILMAN MOORE: There is a practical architects designing facilities talk to those who use them, it makes sense. If you're going to build a library, talk to librarians, the Town Hall, talk to people who work there. They have practical day to day operational information. They can't design the thing; they can tell you the traffic flow, where they store stuff. They have been helpful in that regard. SUPERVISOR HORTON: I wonder if it wouldn't be advantageous, Mr. Carlin, to sit down with Bill, because you seem to have a plan, a bit of information and quite a few COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 71 29 questions, and I wonder if it wouldn't be helpful if you sit down with Councilman Moore on a one on one basis and walk through that. COUNCILMAN MOORE: I'll bring you up to speed. MR. CARLIN: As far as them getting involved in how the building somebody built, they have nothing to say about it. It's a Town building. If they want to get involved with it, let them step up to the plate and donate some money to it you. Okay. SUPERVISOR HORTON: Thank you. MR. CARLIN: And another thing, I would suggest, Mr. Horton -- SUPERVISOR HORTON: Yes. MR. CARLIN: That this become again a municipal animal shelter run by the Town with an oversight committee with no political connections and that's the way to go. SUPERVISOR HORTON: Okay, thank yOU. public? Anybody else care to address the Ms. Weisman. MS. WEISMAN: My name is Becky Weisman, and I am associate director at Long Island Farm Bureau, and I have a couple comments to make to the Board tonight. The first one is I take exception to the comment that was made earlier this evening, the point made that the farmers haven't done anything new to improve their situation. The reason that I take exception to this because as I have worked with them extensively over the last two years. I have watched them become increasingly educated on the issues around their situation, around their farming needs. I have watched them become increasingly involved in Town government and become increasingly vocal on issues around preservation. And I've also heard it said by the Town Board members or some that the farmers haven't given them any new ideas. I have to say that I disagree with that also. Farming has changed over the last several years, you all have watched it change. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 3O Change sometimes comes very abruptly; sometimes change takes a course of time. This has become a process of change for the farmers becoming more and more involved in the political spectrum, more and more involved in governmental issues and policy-making. When they began this, they were not accustomed to this. It they weren't used to becoming involved in politics. But they have become increasingly so. In fact, over the last year there has been a farmer that has been voted or placed on every Board in the Town Hall. I think that's great commendation to them for the work and the efforts that they have done and it shows that they indeed are trying to improve their situation and indeed trying to work with the Town government to continue to change and to continue to preserve the farmland that they have. It was clear to me from this morning's work session that by the behavior exhibited by some of the Board members that it's really pointless to continue this discussion, and this interchange of ideas. And the reason that I say that is because I heard with my ears at this public session, at the work session this morning, some statements that were made that I believe that the citizens here, and those of you who are watching need to be aware of. I've heard -- and I know it was recorded this morning. THE CLERK: No. MS. WEISMAN: No, I saw those microphones, and I thought it was recorded. Well, this is my recollection. It could be discredited perhaps, but this is my recollection. This is what I wrote down when I heard it. Heard Hr. Richter say I've had enough input. I heard Hr. Romanelli say the longer we extend this the longer it takes. I also heard Hr. Romanelli state in regards to five acre zoning. I will live or I will fall by it. And in response to Josh's discussion of the comments that the community still continues to want to make comments, Hr. Richter stated it's your perception, Josh, that the community wants more time. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 73 31 In my work as an advocate for the farmers, I've had the opportunity to work in several towns, not just Southold, I've worked in Huntington, Brookhaven Southampton, and East Hampton, and I just need the citizens of this community to know that I have never encountered this kind of level of a board's unwillingness to work with and to listen to the citizens that, in fact, elected them to office. These men and women who farm the land in Southold Town are the largest landowners. They will be the most impacted by the decisions that this Board makes based on the DGEIS. And, in closing, I think it's a sad state of democracy when our public officials state they don't want to listen any longer. They have heard all they need to hear and are ready to make their decisions. It's a really sad state of affairs. SUPERVISOR HORTON: Anybody else care to comment? MR. RICHTER: Yeah I need to comment. Excuse me, Mr. Supervisor just to comment on that. Couple of issues. Because people are hearing one side of the story, and I need to get both sides out. When I answered Supervisor Horton that his perception was that there was more people, he said his perception -- his view wanted to have more input on the subject matter. I've had calls of people stop me and say they have had enough. So we have two different points here. So that's one issue. When you say that I've had enough information, I've been listening to this for years. I tried, as Mr. Van Bourgondien knows, and noted before, even though I disagree when he says that I put my hands over my ears and I'm not listening to him, that's not true. Anybody that knows me, and I bet you know that's not true. I want to find a better way, but there is none. I have not seen it. MS. WEISMAN: Okay. SUPERVISOR HORTON: Please know I'm not going to get into -- MS. WEISMAN: Please, that's fine. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 74 32 You have your choice of opinion. This is what I heard, and this is what I think that the citizens need to hear whether it's here tonight. COUNCILMAN RICHTER: They do need to hear this. But they need o hear both sides. MS. WEISMAN: I don't want to argue with you. COUNCILMAN RICHTER: I don't want to argue. Hr. Raynor. HS. WEISMAN: No, neither do I. SUPERVISOR HORTON: Thank you. HR. RAYNOR: Good evening. Hy name's Henry Raynor, Hattituck. And I'm here tonight on behalf of Tide Group and I promise you brevity if nothing else. But, Supervisor, we're here formally to request an amendment to the Southold Town Water Distribution Hap dated June of 2000. Our parcel is situated on the northeast corner of Depot Lane and County Route 48, directly west, adjacent to the Town landfill. The water distribution map shows Suffolk County Department of Health moratorium areas end at the west side of the Town landfill. The map, as you have it, is in error. In January of 1997 the Suffolk County Department of Health Services restricted any new private wells from being installed within a thousand feet of the Town landfill. I believe you have a copy of those resolutions, the entire Town Board has. This created a moratorium on our property and adjacent pieces, and it was made such until water service in the area was available. We have tried to obtain water from the Suffolk County Water Authority, and they will not service our property because of the adopted map excluding that parcel. I quote you -- I want to give you a quotation .... If the Health Department of the Town of Southold wishes to formally amend the map which we have been using since July 2000 to guide water main installations, we will reconsider our position at that time." End Quote. That letter was COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 75 33 addressed to us from Steven Jones, CEO of the Suffolk County Water Authority. We have also forwarded to the Board a letter from Steven Costa of the Suffolk County Department of Health Services and his correspondence with the Suffolk County Water Authority. He has again, in his correspondence requested consideration of public service of water to our property, and I've attached a copy of that also. Right now as it stands, our property is being discriminated against by the Southold Town Board Distribution Hap as it has ignored the prior restrictions of the Suffolk County Department of Health. We call upon you, the Town Board, to correct and amend the water distribution map for our inclusions, and I would ask the Board to take this under consideration. I know now is not the time for a long term discussion on the subject. SUPERVISOR HORTON: Actually, we will take that under serious consideration. I was on the phone with Hr. Jones yesterday in discussion but he's adamant, and I think it's reasonable at this point, he's adamant that the Town, the Water Authority and the Health Department actually sit down and provide a mechanism that is formalized for doing -- for addressing issues specifically as you mentioned. So we will be taking it under serious consideration. HR. RAYNOR: Will be scheduling a meeting, can we be present at that meeting? SUPERVISOR HORTON: There will be -- it would probably be in a work session setting, or, if not, it would be a meeting with the -- as I mentioned, the Authority, the Health Department and the Town not specific to any one parcel. HR. RAYNOR: I understand that. I understand also that you have an existing water map and you have no way of amending that. SUPERVISOR HORTON: That's my point. HR. RAYNOR: That's your problem. That's our problem. Let's hope we can resolve both. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 34 SUPERVISOR HORTON: Exactly. Yeah, I'd think that is a meeting that you would be more than welcome to attend. Okay. HR. RAYNOR: Thank you very much. SUPERVISOR HORTON: Who else cares to address the Town Board? Hr. Guis. HR. GUIS: Thank you, Supervisor Horton, Members of the Town Board I'm Gunther Geiss, a resident of Southold, a member of the North Fork Animal Welfare League and one of the founders of Sunshine and Fresh Air for Animals, which is a subgroup of the League that devotes itself to trying to reform the League and improve the services that it offers, and, Hrs. Neville, I have a printed version of what I'm partially going to say. I won't take you through what I had prepared because Miss Wolf did such a wonderful job of making the case for the oversight committee, that I won't do more than to echo what she said. I had spoken last on February 25th at a Town Board meeting in which I identified for you the real operational problems at the shelter and argued for an intensive administration of the contract that you have with the League. The only thing new to add in that is that you all have received a letter from my wife detailing a recent incident in which a pet goat was brutalized and mauled by some dogs. The police and NAFL responded. Neither one took action to take the dogs into confinement, or to have them tested, even though one of them had blood on its muzzle, argument being nobody saw them do it. Nonetheless, under the Ag and Markets Law, those are dangerous dogs, if they threaten wildlife, domestic animals or human beings, and obviously they were doing that. So I think it warrants your attention. She also spoke about the misappropriation of 147 some thousand dollars to prevent the Sunshine Group for running for office. The only thing I want to add to that is people should be aware that the New York State Not-For-Profit Law, corporate law, expressly forbids the use of corporate funds for use of personal benefit. And there is COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 35 good reason to say that protecting your Board seat is personal benefit. And people who agree with us, I would urge ought to make a complaint to the charity's bureau of the New York State Attorney General's office. This may be a serious violation of law by the present Board and seeing as how you contract with them, I want to bring it to your attention. They have also spent a great deal, as she pointed out, on this revision of the bylaws, and we the supporters of Sunshine and Fresh Air prepared a lengthy objection to the attorney Pamela Mann, and I will enclose that with my statement for the record. Suffice it to say that the interesting part of it is Miss Mann's served for 11 years as the head of the Charity's Bureau, until 1996 and now she is in private practice working with organizations such as NORFAL, and we have raised the question as to whether she is serving the organization as is required by legal ethic or is she serving the individuals of the Board. The third thing I wanted to bring up, which nobody has spoken to before, is that we have the official list of voting members dated June 19th. One has to be a member for 30 days to vote. The important thing is that the list does not include members who we know renewed or applied in June. And as part of the court hearing process that we went through last year, the judge had clearly instructed the League that membership begins the first of the month in which the check is received. So if you give them a check in June, you're a member June 1st, by June 30th, that's 30 days. By July 19th you get to vote. They insist June 1st is an arbitrary cut-off date. So anybody who has submitted a membership application or renewal ought to call the shelter at 765-1811 to make sure that they are on the legitimate voting list. Next -- SUPERVISOR HORTON: Gus. MR. GEISS: Yes. SUPERVISOR HORTON: Are you using this as an opportunity to spar debate between COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 78 36 the League? Because I don't think that's the purpose of this Town Board meeting, and you do have our commitment, and we're not here to take sides as Mrs. Wolf pointed out we do contract with the League, and you've aired some concerns, and the Town Board will take this discussion up, so if this is again to spur debate -- MR. GEISS: This is to raise the issue about how they operate, and I think that -- I think that's the thing that has to be taken into consideration. SUPERVISOR HORTON: And it will be. MR. GEISS: I will be brief about this. Rather than take you through all the statistics I will simply tell you that only half of the members from last year renewed. But yet the membership is virtually at the same level, and this is because they introduced 292 new members, of whom 162 do not live on the north fork. That's 55 percent. Worse, over 25 percent don't even live on Long Island or New York City. They are in Georgia, Fort Lauderdale, Florida, Elgin, Illinois, you name it, British Columbia for one. Now, I can't see that these people are people concerned about the operation of this shelter. They're loading the box to gain the vote, and this is the point that I really want to make that we're in this very strange situation where the only effective recommendation that can be made to the members of the League who care about the League is don't vote, because they have virtually enough votes to pass what they want, if you help them -- SUPERVISOR HORTON: Mr. Geiss, you are now using this as a platform. MR. GEISS: Fine. I will end it there. May I say one other thing? SUPERVISOR HORTON: Sure. MR. GEISS: This is one of the strangest meetings I have attended in about four years. And I'll say that it's strange because I have the feeling that you've been grappling with an elephant and Mr. Penny is trying to tell you what is wrong with the COURT REPORTING AND TRANSCRIPTION SERVICE (631 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 37 elephant, and I'm asking you to swat a fly that may be annoying the elephant. So there's a real issue of context and juxtaposition here, and so somebody comes to ask for water it sounds almost like nonsense when you're trying to develop a plan for 20 years. The other thing I'd like to say to you is, 1960, my wife and I got married and we moved from Queens where a 50 by 100 was a home, a 100 by a 100 on the corner was a palazzo. We moved to Freeport into an apartment because that's what we could afford, and after a year we moved to Huntington because that's what we could afford. Where we bought our own home. We chose Huntington for one very special reason, Huntington had the only 20 year plan on the books on Long Island. Within five years of our moving to Huntington a new administration came in, the plan went out of the window and I began to join the environmental activities in the town, and I learned firsthand how wonderful the laws are that you passed, and how impossible it is to administer. We had a tree law that you couldn't cut a tree with a certain caliper or larger and whenever we would complain about somebody, the Town Board would say we can't deal with that right now. I served on the Oil Spill Board and we were trying to prevent oil spills in the harbors. We were the second group in the United States to attempt this. But the Town was in negotiation with Lilco over a forth stack. So when we said to the people at Lilco my God, you do not have a person who can converse to the captain and you understand that the captain is Greek, the crew is Chinese and the land crew is English; they couldn't use hand signs; they had no other means of communications if we had spills. They said shush, shush, shush, we're negotiating a fourth stack. There are very serious problems in all of this attempt to control serious and complex issues, and I just warn you not to have the dream we had, that a 20 year plan COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 38 will would do everything. SUPERVISOR HORTON: Thank you, Hr. Geiss, thank you. Anybody else care to address the Town Board? Yes ma'am, Hrs. Sweeney. MS. SWEENEY: Thank you. I was at Hr. Forester's office this afternoon or this morning because I have a situation next door to me with an open cesspool. It's been emptied on Thursday, Saturday Peconic Cesspool came back on Sunday and as of now the cesspool is open with a board across it. The reason for the cesspool is because -- I would like you to just see this -- can I just approach you? There's the house next door to me, which is ten feet away, has two apartments in it. One upstairs, one downstairs and the one they're living in. They also run a commercial business out of the -- and this was the complaint. SUPERVISOR HORTON: Hrs. Sweeney -- MS. SWEENEY: (Inaudible.) Hr. Forester said in this location I was not allowed accessory apartments. I have an accessory apartment in this location; I was not allowed an accessory apartment. My husband had passed away and a friend of mine had asked me if she could stay at my house for a while until she found a new location. This was the reason that they thought I had -- all she did was stay in the bedroom. Hr. Forester send me letters all the time. I got a fine because I had a light in my back porch. I got a citation from the police. I put some debris out in the front yard for them to pick up. Hr. Forester stopped by to tell me to pick up the debris. He's now worried about a small garbage pail that I have in front of my yard. I live alone. I try to maintain the property as well as I can. SUPERVISOR HORTON: Hrs. Sweeney, would it be helpful for in my office you, me and Hr. Forester? MS. SWEENEY: I tried that. I tried with the police. He has a commercial dumpster. In the front of his yard because COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 81 39 Mr. DeBello happens to be his son-in-law, and they come every week and they do just like they do in the commercial -- and they dump this thing over. He allows his family and friends to put garbage in this dumpster. Mr. Forester doesn't address that. I have to have a commercial dumpster, two apartments and a family business that park these great big trucks, she DeBello's trucks. They do landfill out -- you know, DeBello's trucks, they do landfill out on the road, out on the sidewalk. Police do nothing. I am meddling. I hate to say and the girl from the anti-bias league is here, and -- but this is a bias thing. I happen to be Puerto Rican and Cuban. I mention that when I first came to Town -- I'm here since 1963 -- I raised five boys, none of them were ever in trouble. One was killed in 1983, unfortunately, on the road. He was not drunk. It was a horrendous accident and my husband passed away the following year because he couldn't handle it. They had wanted -- the police have wanted me out of this town ever since I moved in, and they tell me every time I call them, get out of town, get out of town. I've been arrested. I am now serving three years probation because I had a radio in my house on. I play classical music. Three years probation, I've been in jail twice, brought to the county jail because I had a radio on. When I pulled in the driveway, my radio was on. I was put in jail. I'm 70 years old, maybe I don't look it. SUPERVISOR HORTON: You don't. MS. SWEENEY: I would love that. Cheeks young, and I'm Italian too. My mother was Puerto Rican, and my father was Cuban. I'm not ashamed of it, and I don't want to be. And I have so many good friends in this Town, Mr. Raynor, who just came up here, very good friend of mine, lives on my block, Mr. Wickham, Parker, he loves me. I'm a very good person and I hate to be calling it a bias town because it really isn't; great people here. Thank you. SUPERVISOR HORTON: Thank you, Mrs. Sweeney. Anybody else care to address COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 4O Mrs. Egan. should be. the Town Board on Town-related matters? Mrs. Egan? MS. EGAN: Oh, hi. God bless you too. Now, oh, Mr. Richter, don't disappear well, you'll review it on TV, won't you darling? Just a few questions for clarification then I'll get into the issues. I'm speaking, when I'm speaking, you're looking at me, please. I had a problem, you know we spend a lot of money for air conditioning, well, it's the taxpayers money blah, blah, blah, blah. Now I close one door on this side and one on the other. SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: Because when you open the door from that side or that side, hot air comes in. Is that wrong to close one of them? SUPERVISOR HORTON: Mrs. Egan, this is not something that we need to take up. MRS. EGAN: I asked for clarification because yesterday he didn't get back to me. Now -- SUPERVISOR HORTON: Can you call my office -- if this is for clarification. MS. EGAN: This is Town business. SUPERVISOR HORTON: I understand, I'm a big fan of yours -- MS. EGAN: You should be, you SUPERVISOR HORTON: I appreciate all that you do for us. When you call at 11:00 at night, when you call my home at 11:00 at night, Hrs. Egan, I will not return the call. MS. EGAN: Why not? SUPERVISOR HORTON: Because I'm working. MS. EGAN: Are you really, prove it. Don't ever try to upzone me, darling. Now, one of your resolutions says that you are going to have a time clock up here, I heard something about a time machine, not you. Hr. Horton. SUPERVISOR HORTON: A time management system. MS. EGAN: What is that? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 83 41 SUPERVISOR HORTON: A system in which one would manage time. MS. EGAN: What dees that mean? SUPERVISOR HORTON: It is a method that eur department weuld mere accurately cleck and meniter all ef eur time, eur empleyees' time. MS. EGAN: Wenderful. New, I alse think that taking ever the Nerth Ferk Bank facility is spreading the Town out, and everybedy thinks that yeu weuld ge wreng. New, I'm serry that Hr. Heere had te leave alse because ef Hr. Heere and the previeus administratien and all, I have a very serieus preblem with my neighber. Se I hepe he deesn't sleep tee well. Hr. Remanelli, hew are yeu, dear? Yeu leek a little tired. Yeu're helding yeur head up and rubbing yeur eyes. Well, that's a preblem. New, have yeu previded Hr. Harris with a secretary er anything te get him seme things done with the DOT? The answer to that is yes er ne? HR. ROMANELLI: The answer to that is Hr. Harris dees net need any help. MS. EGAN: Oh, yes he does. He needs clerical help. I reviewed this at the last Tewn Beard meeting and yeu made a very serieus mistake in saying semething that wasn't se. I'm net geing te call yeu a L-I-A-R, darling, be very careful, yeu're en tape: New, Hr. Herten, I gave yeu a letter te ascertain that Hr. Yakabeski find eut seme things. I netice he's walking with a limp. I hepe he didn't trip en the street and maybe sue yeu, did he answer that letter te you? SUPERVISOR HORTON: I did not share that with him yet. MS. EGAN: Yeu didn't? SUPERVISOR HORTON: No. MS. EGAN: Oh, that's great. That was enly a menth age. Yeu're really keeping up with things, Josh. Now, let me see, oh, I would like te knew, and I hepe there's an affirmative answer here, that at the last meeting I COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 84 42 seriously recommended that Detective Stesinowski be sent a letter of commendation; do you know whether that was done? Mr. Richter should really address that since he's the liaison with the office of the police department. Was that done? SUPERVISOR HORTON: That would be something that her department head who was the chief of police would do. MS. EGAN: Was it brought to his attention that I mentioned that at a Town Hall meeting so that something like that could be done? After all, you are the head of the chief of the police; so I think a letter from you would be appropriate. SUPERVISOR HORTON: Will do. MS. EGAN: Send me a copy, please. Now, also, I think also. SUPERVISOR HORTON: Mrs. Egan -- MS. EGAN: What about the noise control; are we doing anything about that? That would be your baby, Mr. Romanelli. MR. ROMANELLI: It's not my baby. MS. EGAN: Oh, yes. When you came to office, you said you were going to handle that. Nothing's been done, correct? MR. ROMANELLI: Nothing at all. MS. EGAN: Nothing at all, that's wonderful. Okay, also, you are not on tape and quoted here earlier saying that when an issue was brought up that there would be meetings like this, and these things would be corrected. And, of course, as I say, you sit up there, and you've all made up your minds what you're going to do and not do, and I would like to tell you, Mr. Horton, if you have time to see this on TV, and you will see the clip laughing and talking while thinking about what they're going to do in voting for resolutions. Shame, shame, shame, shame and shame. Bye. SUPERVISOR HORTON: Thank you Mrs. Egan. Would anybody else care to address the Town Board? Mr. Kiel? MR. KIEL: Hello, my name's Eric Kiel. I'm a Mattituck resident. I'm going to COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 85 43 direct my question at Justice Evans. I see here that the Town Board seems to have passed -- I wasn't here earlier se perhaps I'm misunderstanding. I believe you quoted in favor ef closing the public hearing en the DGEIS; is that correct? COUNCILWOMAN EVANS: That's correct. correct. meeting. HR. KIEL: I'm wonder -- COUNCILWOMAN EVANS: That's Not tonight at the next Town Beard MR. KIEL: : I'm wondering how comfortable you are with that decision in light of the fact that you didn't attend any of the public hearings? COUNCILWOMAN EVANS: I was out of Town way before those meetings were scheduled, but I have read every single word that was spoken. MR. KIEL: Okay. Then you must be aware of the large amount of public requests for extending the hearing and keeping the hearings open. COUNCILWOMAN EVANS: Eric, we have all agreed -- MR. KIEL: I understand. But I'm directing my comments to you because you weren't at the public hearings, these particular comments. COUNCILWOMAN EVANS: I have read the minutes of the meeting. SUPERVISOR HORTON: Your point is well made. MR. KIEL: I would also like to point out, for the public record, that it seems that this is a partisan decision because of the large amount of public requests to keep these public hearings open and to allow further public input and because of the lines along which this was voted on, I'm very disappointed that this decision was made. And I hope that you will reconsider. COUNCILWOMAN EVANS: Eric, all of us voted for it. MR. KIEL: For closing the public hearing? COUNCILWOMAN EVANS: Yes. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 44 MR. KIEL: Is that hearing -- is public comment going to be allowed at the public Town Board meeting? SUPERVISOR HORTON: Yes. MR. KIEL: Okay. And the consultants will be present at well? SUPERVISOR HORTON: We'll have members of the team here, yes. MR. KIEL: So it's going to be like an open public hearing? SUPERVISOR HORTON: Yes. MR. KIEL: And more public comment will be allowed? SUPERVISOR HORTON: Yes. MR. KIEL: At 8:00, okay. Thank you very much. SUPERVISOR HORTON: Anybody else care to address the Town Board? Mr. Penny would you care to? MR. PENNY: Back to my paper clip collection. 1-32. Back on the TDR issue -- SUPERVISOR HORTON: Before you get started, Mr. Penny, I will say that all members of the Board, we have been here for three hours exactly. If you would care to get up and get a cup of water or use the facilities, please feel free to do so. MR. PENNY: The approach proposed by Southold under TDR selected receiving sites was the designated village or hamlet areas where more concentrated development will be encouraged. I think that's where I left off. TDR's can then be used to obtain the higher density. This concept is not a new concept, but this concept existed in the Master Plan and has never been followed through. One of the reasons it was never followed through, and I spent many, many hours arguing with the Planning Board, and I'm sure their position hasn't changed, the Planning Board is against TDRs I don't know why you had to regenerate this and put it up as a planning tool, when, if you had actually intended to use it, you could have started a program in a study, had maps and had this thing going in the amount of time you had this written supporting it. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 87 45 There is support for the Master Plan; it already existed. I don't know why it's taken this approach and where it's going. In order to put the TDR program to work, the Town must identify sending and receiving zones for reduction in corresponding increase in development. It's given. Some of these other things, the PDDs are great, but if you're going to put something in the hamlets, show us what's going in the hamlets, where, maps. People, maps work good. People like visual stuff. When you're talking about concepts people want, you know, show me what you're giving me. The tree preservation home law, well, we know where that one's going. You heard from the gentleman up the island that the Town Board is not going to be dealing with who's cutting down a tree in their front yard. It's never really been a serious problem in the Town, outside of a couple of business sites and there's a law that prevents it, so that's what enforcement is all about. The critical environmental land local law, not a bad idea, not a bad idea. As soon as you can do with this. Scenic byways, overall development control. I understand from talking to the farm community that you can't use this on some of the agricultural land, whether it's an overlay zone or whatever, and I think that should be addressed in here where you can use it and where you can't use it, so people have a clear indication and don't think they're going to get this blanket that's going to cover the north fork, when, in fact, there's going to be many, many years especially that are very visual on the back roads where you can't use it in the first place, and I think that that should be addressed and possibly mapped also. Economic development plan. The lack of an economic development plan means the Town is not positioned to either pursue or encourage specific types of new development uses, market niches or industries that would benefit the residents of the Town. There was an economic committee COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 88 46 that was established back in the late '80s. I believe their report said that nothing was necessary. That repert dees net seem te appear in this document, and it should be included. People spent many hours, I think it was in the ceurse efa year and-a-half, twe years sitting dewn, and they fell dewn back te the eld traditienal thing abeut farming, fishing and teurism. But that sheuld appear in here. I mean, why you would need anything mere than that, I den't knew, because it was decided back in these days that, yeu knew, incentives, tax incentives and stuff like that, they weren't really geing te de a whele let. Se that sheuld be included. Enforcement, enforcement, enfercement. Geed enfercement, weuld prevent a let ef these laws frem having te be changed fer any reasen. If there are cemplaints, the complaints should be documented. The decumented cemplaints sheuld be put in this decument, se that peeple can see the reasen behind the suggestien that they change a heme occupation law, that they change an RO zone. Shew us where the preblems are, den't just allude te them. Shew us where the preblems are, and they should be documented if the enforcement department is doing their job. Park districts, I'll let them fight fer themselves. They're geing te leve that part ef it. Afferdable heusing pelicy. Page 1-43. By all acceunts the Tewn centinues te face an afferdable heusing crisis. We knew this. We knew this. There are ne new incentives in this plan. Something could have been dene, initiated, and that's what we'd be dealing with tonight rather than the concept ef where we're geing. It ceuld have been put in place, same as the TDRs were put in place. There's been plenty ef time te de it. Everybedy's been talking, but they have been talking about five acre zoning, and they haven't been talking abeut all these ether issues with the serieusness that yeu're talking abeut five acre zening. If yeu did, yeu'd have a balanced plan. Past studies peint te the need te COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 47 develop an affordable housing policy to avert this issue. That's a policy, we already have the law. The Town has no affordable housing policy. If you had one, you'd be generating X number of units per year one way or another. That's a goal to say. Concentrate development in the hamlets. There again, hamlet definitions, vacant areas of the hamlets where this can be accomplished and ways that this can be accomplished. They just suggest through TDRs and through overlays and stuff like that PDD, that this happen. Architectural Review Board, once again, the Architectural Review Board is looking for more power. I think that speaks for itself. The community as a whole has done very well. The business community has to deal with it. The residential community has never embraced that idea, and that is not mentioned in this at all either. The developing water supply Master Plan. They kind of suggested, I think, the Suffolk County Department of Health Services, and the Town already has one. I believe that they already have one. I don't know where the Town could go with that because the Town can only suggest that certain areas be covered. The reorganization here to make another department, I don't know. I'm not going to touch that one. Okay, Page 2-43, 22.6.3 land use plans and recommendations. This paragraph here cries for a Master Plan. It begs for a Master Plan. The Town of Southold doesn't have a current adopted master or comprehensive use plan that specifically articulates the future vision of the community. This whole document says you needs a master plan update. The master plan dates back to 1985. However, it was passed in 1989 and there have been a number of changes in the regional and Town planning environment that are addressed in a series of important studies. Well, hopefully those aren't some of the studies that have just been shelved, because I know one of them, like specifically the Jones plan, came up a whole idea that you had to kind of buy your way into variances and COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 90 48 stuff like that, and the Town shelved that. I see that being mentioned as an important decument. But this cries fer -- and here again is mentioned the LWRP, this is currently waiting appreval. That's fine, but that has net getten appreval. That is net a Tewn decument at this peint. And yet it's being referred te. Yeu've already been ever 48. Cemmercial develepment en Page 2-61 the Tewn cede requires the review ef site plan applicatiens includes review specific fer drainage systems, hewever, net all residential site plan applications received this scrutiny. That is, the applications for individual park, individual home sites, driveways, parking lets, et cetera, are net subject te Planning Beard review and therefere cannet receive drainage system review. As a result, the velume ef runeff directed te public system is increased, witheut cerrespending centinued ceerdinated review needed fer the affected drainage systems; the Tewn engineer requested that this be addressed. The building permit process is slew eneugh, if there was runeff that gees in the tewn reads, it's always been the Highway Department that has addressed it. They have gene te the ewner ef the site and asked him te remediate it. If yeu threw ene mere ceg in the wheel between the Suffelk Ceunty Department ef Health Services and anybedy involved in the building permit process, yeu're net geing te get building permits. I mean, there was a peint twe years age they were taking eight te 12 menths te get permits. This was -- threwing mere bureaucracy in here is net the answer, enfercement is. The Highway Department can get out. They can see where the preblems are; they're easy te see. Ail yeu get te de is ge eut ena rainy day, yeu knew where the water's running and where it's ceming frem. Page 3-8, several additional facters suppert the use ef year 'reund residency facters fer the supperts fer the purpese ef the RIAM. The build-eut analysis en which the RIAM is based determines the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 49 potential number of units exclusive of those lands that have permanent protection or preservation methods. As a result, year 'round factors were used for the following reasons: Seasonal homes could be occupied on a full-time basis any time. That's a fairly abstract statement. To think that people that have a second home out here or everybody is going to move out here all at once clouds the issue. There should be a scale in here. There should be a fudge factor, 20 or 30 percent. To say this thing is going from nothing or one hundred percent has got to be totally inaccurate in today's day and age, with computer projections, past records that the Town has, these should be added to this document to support these types of figures. The number of seasonal homes cannot be regulated under any codes or law. An assumption regarding the number of year 'round versus seasonal homes is not a permanent protection measure. What is permanent? I mean, why are we looking for the abstract here? Why are we looking for a finite? This should be presented on a chart with ranges and give us a fudge factor, let's be real. I mean, painting the worst-case scenario does nothing for the public and it suits the purposes for which one side or the other may want to hinge their arguments on. Also, the Town has had a history of pursuing development rights for land preservation. The availability of funds from the Town, County, State and Federal sources for such purposes not known or guaranteed; therefore, the projection of full build-out does not factor in such efforts. I mean, come on, this is a document by a planner? I mean, let's get some reality in to this. Please, give us something. I marked down here the argument s weak. It's almost no argument at all. BOARD MEMBER: What page is that? MR. PENNY:. That's section 3-8. Once again, in that same context we have within this developable land in the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 5O R-80 and the AC zone, my question is: Does it specifically include vineyards? If so -- if not it's a huge factor. If it's vineyards, if you're going to make the assumption that the vineyard people that haven't sold their development rights are mainly hanging on to their property for the future and going to turn it into housing, maybe another one of these abstract judgments. The community is small enough, the parcels are small enough they should be addressed in here. I mean, this one hundred percent scenario is totally inaccurate. It's unacceptable with today's computers. I mean, let's get some real projections in here. Let's not try to scare everybody. Water supply, that's coming from Suffolk County Water, that's not a problem. Again, the full build-out scenario would lead tax revenue difficulties as there is a substantial tax deficit relating to school districts. Once again on Page 3-15, they obviously give you the worst-case scenario. Future trends, there has been a distinct lack of available public water and a necessity for subdivision and building approvals. Think that there were some recent statements by the Suffolk County Water Authority that there was water available for projects and I think that should be incorporated in this document. I think there was a letter that went out that made the papers less than -- between two and three months ago that addressed this scenario; and yet here they're saying that there's a distinct lack of it. I'm not sure that that's correct. Sociological impacts. Young working class, non-affluent, everyday people. Where are you going to put them? Five acre zoning with no consensus on affordable housing, with less -- I keep thinking of the H zone, but it's the HD zone. Hamlet Density zone, without the provision for these people for renters, for less affluent adults, my wife's aunt is now in a single-wide in Riverhead, which she got in for $30,000. She COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 51 bought the unit. It's in Riverhead because there is no facility in Southold Town or any attempt to address people of this nature. So a lot of local people -- I've lost tenants from our people in Mattituck, when the kids the kids would move out of the house, the husband died, the wife goes immediately to Rolling Woods or one of those other trailer parks in Riverhead. It's about $300 a month, and they're reasonably taken care of. Why not Southold? Why not Southold Town? Why can't we take care of our own? Why do we have to ship the elderly, the older, less affluent people out of Town? Colonial Village I believe has a six year waiting list; that's the only other facility that would accommodate these people reasonably, and I think they're right in there with around $600. I don't see any other suggestion in this document. So when you talk about providing a variety of housing for people, why not include all the people? Because just talking about one group, you're just doing a disservice to the community. I mean, why should my wife's aunt, who lived in Cutchogue all her life, who belongs to the lady's group at the Cutchogue Fire Department, and pitches in at their chicken barbecue every year have to live in Riverhead when Southold Town could take care of her? So the sociological aspects of this are far greater than this document even comes close to. And there's some good stuff in here. I mean, I'm not going to say it's all bad because it's not. But there's a lot of clouded issues in here. The agricultural overlay zone, rural incentive districts. Then you get to the five acre upzoning and there it is, you get to a good start and conk it with a bad one. As a result, it is neither intended nor required that the GEIS address a proposed action and the operations and/or economics of any business including agricultural businesses in the vicinity on what would be considered competition between businesses on value markets or excess, et cetera, et cetera, et cetera. Therefore, in COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 52 order for a social economic impact to result, rezoning, in order to devalue the land, would have to such an extent that would affect the farmer's ability to continue to conduct business, leading to failure of such uses thereby altering the social economic character of the Town. If you believe that statement stands alone, then you didn't listen to the last five minutes of what I had to say. This is one small facet in the social economical order. The impact that this is going to have on the rest of the community, on the people that can't find land right now for their kids that are out buying, they're mortgaging their houses, they're doing everything they can to try and buy a parcel of land. And I don't know if any of you have been out on the market lately, but I believe the going rate is about two and-a-quarter, if you can find it, and that's not with a house on it. Houses are up to 350, and they are on converted seasonal homes, and some of them aren't even converted yet. I mean some of the smallest stuff that I have seen in the world has got a $350,000 price tag on it. That is a social-economic issue that is not addressed in this document and should be addressed. Where are the kids going to go? Where are the firemen going to go? Where are the carpenters going to go? Where is everybody that has a business going to get help? Who's going to mow the lawns of the affluent five acre owners, and where are they going to bus them in from? And if you want to know how that happens, it happened 20 years ago in Southampton. I had a friend, a friend of mine had the landscaping business over there, and he actually bought a small bus and brought in people from the Patchogue area to come and work for him. Is that where we're coming to? That is social-economic issues, that is not what this document addresses. So, my answer, because they say it is neither intended nor required that a DGEIS address the potential impact of the proposed action, it should be demanded; a full COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 53 sociological evaluation of where this is heading, in light of the fact that there is no Town commitment to affordable housing, there is no Town affordable housing policy, and there is a definite lack of M zones in much of the community, which shows up later, which is another inaccuracy because it says they have them in almost every hamlet. That's not true. SUPERVISOR HORTON: M zones or AC zones? MR. PENNY: HD. Old Master Plan. Old plan pre-'89. M zone just sticks in my mind. The infamous case of Montgomery County, five acre zoning. I think we've heard just about enough, but I had one question on that. In Montgomery County, is AC, Agricultural Conservation, intermingled with R-80 the same as Southold Town? Now the gentleman that I spoke to in the Town that addressed you earlier, said no, it is not. That would be another reason for bringing it in as a comparison because it has absolutely no relation to the same zoning that we have in Southold Town. Somebody dropped the ball on this one. I don't think we need to address Baltimore in 50 acre zoning or Napa Valley in 40 acre zoning or even Talbot County with 20 acre zoning, but it can sure be done, and I think you'll find on there they probably had a operation in just a phone call, or look on the internet, you can sure as heck find out. RID, sounds like a good thing? The Town must preserve balance, on Page 3-31, balance and growth management for the interest of the overall Town, including landowners and farm businesses. The Town can achieve preservation, 80 percent through mandatory clustering on one acre lots in connection with 60 percent density reduction by upzoning from two to five acre equivalent yields. Such action would bring the Town more in conformance with its comprehensive plan. What comprehensive plan has recommended this? I'm sorry, it's back there. Is this the Town Master Plan, that is the comprehensive plan? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 54 Until that Master Plan is changed, that is the document. So I don't know what you're bringing this into conformance with, and if you're saying that it's in conformance with the Southold Comprehensive Implementation Strategy, that's one thing, but it's not. But the Master Plan clearly addressed two acre zoning, not five. Page 3-32: It is important that options be available for land use such that the equity in the land is maintained and the goals of the Town are met. That's master planning. Again, that was the Master Plan; that is the Master Plan and until you change it, that's the gospel of this town, whether people want to identify with it or not. I really think it should be reprinted, the background studies, the summary, and I think it should be distributed to all the Board members and be required reading for every member that comes on Board. The Town has a Master Plan, and it's not being used. In summary, the potential social-economic impacts to the Town of an upzoning are not anticipated to be significant. There again, I'm not going to bore you with that one again, but it's not true. In addition, solely economic impacts are not required to be addressed under SEQRA. I'm not asking for the solely, parcel by parcel what's going to happen to a farm. I'm going to ask what's going to happen to the whole town when this happens, and I would like to see that addressed in the FEIS. Let's see them do that in one paragraph. I understand under the Page 3-33 accessory apartments and use under the zoning code revisions, that while the Town may be calling for clustering in certain areas, the Suffolk County Department of Health Services is coming out with a different opinion, and I think that opinion from the Suffolk County Health Services should be incorporated into this document. I mean, if the Town is going to go in a direction, is it a direction that is viable, or is it just a direction to go somewhere? Review zoning map, Page 7, Master COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 55 Plan again, no significant adverse impacts are expected, Page 3-35. Upon reviewing -- given the comprehensive nature, changing in the zoning map will affect individual properties, and will be reviewed for consistency with comprehensive planning efforts and overall needs of the Town. Given the comprehensive nature of this initiative and the well-grounded support in prior studies as well as analysis contained in this strategy, no significant adverse impacts are expected. That's an unfounded statement. I will really like to see that qualified. I mean, how you can say that some of the things that I've mentioned are not going to have an impact on this town as a whole, transfer of development rights, when the Planning Board rejects the first time around, it goes to the Suffolk County Planning Commission, and then it requires a majority plus one to pass it. We're talking way down the road before TDRs get close because you're so far behind on them. The Town has never attempted a serious TDR program, and yet, you're suggesting that this is for the future of the town. I mean, you're ready to put in five acre zoning now, and then, if you address affordable housing in three to four years and maybe TDRs in five years, then maybe we'll get something accomplished. But why not put them all together and do it the right way? HALO zones, there again, bring a map and show the areas and what you're going to put in these HALO zones, show us where you're going; how it's going and where it's coming. Make it big enough so we can see it. Page 3-38. Further with regard to affordable housing, the Town is considering the potential to use land acquired subsequent to the completion of the build-out analysis for the transfer of development credits for affordable housing. That's quite a statement. I'd like to see some support from that statement and where it came fr©m. I mean, there's nothing in this document to support it, and is there a Town Board policy somewhere COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 56 supporting affordable housing of any kind? Hey, I'm getting low on clips, guys. Okay, affordable housing policy, Number 30, Page 3-42. Due to the demand for housing, the Town cannot provide sufficient housing -- a sufficient housing supply to affect the price of housing to such a degree as to make the prices affordable for the target group. That's baloney. That's absolutely baloney. How many people have been before you when offering out stuff from $175,000 to $200,000 and a small affordable housing project, and have been denied by the Board in a $350,000 market? Nobody I believe has ever updated, since 1989, the affordable housing prices in the Town code. There was a way to set the prices. It should be established. It should be updated every year by the Board. It's never been done. It's a document that has died since 1989 or 1990 or wherever we got through. I put it in and got trashed over it, and all that other stuff. I mean, come on, if you're going to do something, it's there, but it's probably the least observed section of the Town Code book. This further leads to the unfortunate reality that it may be difficult if not impossible to house all the individuals comprising various income levels that would like to reside in the Town. There are several aspects of affordability, if houses were provided at affordable levels this addresses one aspect, the price to purchase a home. The second aspect is the cost to maintain and pay real estate taxes. Both require attention but this further illustrates the limitations of planned affordable housing. My notes on here say "B.S." I don't think I have to describe that. I mean, if you don't like affordable housing, just go with the center section of 3-42 and let's get it over with 'cause they're saying it can't be done, and I say it can. It has been and it will be done in the future. And once again, a diverse program is needed to address the Town of Southold affordable housing needs; any program is better than none. That's my COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 99 57 comment. Under, they play a worst-case scenario of affordable housing and taxes on Page 3-44, totally overstated, an impact discussion. I mean this document is like an excuse not to create affordable housing. I'm not going to read all of it. Developing water supply master plan, I think you have one. I think you have one, and you have a map that's been passed on by the Town. I think that's what Henry Raynor was addressing today. I think there's a map, and there's meetings and all of that could be included. I know Howard's saying start over again. I don't think so, that's not necessary. This stuff could have been incorporated into the document. BOARD MEMBER: We don't have a water Master Plan. HR. PENNY: You have an adopted map. You have a map that the Town prepared that's the Suffolk County Department of Health Services is following. HR. ROMANELLI: That restricts where the water is going, but it's not a master plan. It's under constant dispute. It needs to be addressed. So that's why it's in there. It's a mains map. It's not the answer to the answer. It's not the master plan that you want to claim it to be. So keep looking. HR. PENNY: No, but it's a start. It's a start. Build on it. Here they talk about it; build on it. This could have been going on. We just didn't start. You guys have been hearing about -- how many years have you been hearing about affordable housing? Water resources. This is a good one, Page 3-51 as development would occur in areas distant from agricultural use, the potential for impact to irrigation water would be reduced. I think if you digest that one, you realize that something is radically wrong because in the Master Plan study and any study that I've ever seen on consumptive use in housing has been far less than the consumptive use in farmland. As a matter of fact, if you give me a second, I got paper clips in all my COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 58 notes, so -- consumptive use is 240 gallons per household per day based on a three person household utilizing 80 gallons per capita per day for all areas except those serviced by the Village of Greenport. Consumptive use for acreage in agriculture is 380 gallons per acre per day. Should be a little amending going on on that one. Community character. Reducing the level and geographic distribution of new residential development in comparison to the full build-out scenario will have the effect of reducing the potential for adverse impacts to the rural quality and character of the town by maintaining -- so what they're saying is basically build up your hamlets. Hove everything out of the outside and build up your hamlets. But you don't have to go the five acre zoning to do that. I mean, that was part of the plan. That's in the Master Plan now to build up the hamlets and several of the HD zones, the old H zones that were removed were within those parameters, and so the Town's vision continually changes, but the Master Plan remains the same. Land use, zoning and plans. While the proposal will change the pattern of land use in the Town, the goal is to achieve for a valuable aesthetic and economic, social and other characteristics of resources that would otherwise not be achievable absent the proposed action. Therefore, it is consistent with the Town's comprehensive plan, the proposed action has been formulated specifically to implement a number of recommendations continued in numerous Town use plans and studies over the past 20 years and therefore is consistent with the Town's comprehensive plan including preservation of farmland, preservation of character and addressing community's needs. Once again, this is referring to all of the unadopted documents are in conformity with the Master Plan, and that is not a true statement; that is absolutely untrue and should be removed. No action alternatives, compliance with Town goals. On Page 8-12, no action COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 101 59 alternative does not meet the Town's goal of preserving farmland and open space, existing zoning and land use controls allow as-of-right development to occur throughout the Town's most important space and agricultural areas. Then they go on with it. The Town's goal, if it's going to be changed should be reestablished. The Master Plan should be reestablished. If you're going to take areas and you're going to change the concept in here by the use of another zone to do it, the Master Plan calls for the two acre zone to accomplish this. Three special -- on Page 8-5 -- three special residential zoning districts exist in the Town. The HD Hamlet Density Residence district was designed to provide a mix of housing types and a level of residential density appropriate to the areas in and around the major centers -- the major hamlet centers, particularly Hattituck. Can somebody tell me where the HD is in Hattituck, in Cutchogue there's one, Southold, an undeveloped HD? I don't think so. Orient? Never was one, and the Village of Greenport, well, we're not addressing the Village of Greenport. If you want to stay outside the Village of Greenport there was one, which is -- there's a couple up in that area that have marginally survived. In fact, lands that have been zoned HD were determined to be appropriate for development; therefore, a planning the 80-60 reductions to the HD zones would be inappropriate. Ail of this, this is a bit of a fallacy here because some of these areas don't exist and your maps will show it. Here's where -- this is where it really gets off on Page 8-5. Portions of R-40 are actively farmed while others are intensively developed. The 80-60 reductions would be appropriate in certain areas zoned R-40 while they would be inappropriate in others. When did R-40 get into this? This is the only mention of R-40 that I'm aware of and why did that get into this document? It's another illusion that people don't know. Now people are going to hear this, they're going to see this and they're going to say, hey, you COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 102 6O know, geez, I thought it was just the two acre guys. Now they're going after the one acre guys. Remove all other uses other than agricultural from allowable uses from the AC district on Page 8-8. To reasonably regulate subdivision and the development of this land and further the same purpose while honoring the legitimate interest of farmers and farmland owners. I don't think that's what I've heard so far. I don't think there's a farmer here that says their legitimate interests have been considered in any way, manner, shape or form. The initial planning concept behind the AC district involved the creation of a strictly agricultural district. Now we're going into past history again. That is not the Master Plan. The subdivision and subsequent residential development would be prohibited. When the AC was created and adopted, the prohibition of nonagricultural uses went abandoned. Today the AC is exactly identical to the R-80. That's absolutely true. That part is true. Page 8-10, 8.6, consider upzoning to a minimum lot size for yield size larger than five acres. That may be an area where that fits. You may have a sensitive area, you may have an area of environmental concern, but I, you know, just to say that you may use it at some time in the future, I don't believe it exists in the Town zoning code. If you're going to put it in the Town zoning code, that documentation, somebody should be prepared so that people can see what's coming. Just mentioning it in here as a perpetual consideration, somebody may -- somebody's going to grab this document two years down the road and none of you may be here, and say, hey, that was in that big planning study they did. Let's pull it off the shelf and throw in ten acre zoning. They have already done the SEQRA on it. Consider five acre upzoning of a larger area than proposed. 8-14, 8.7.1 description of alternatives. The alternative involves expanding the five acre upzoning to additional COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 103 61 lands primary portions of the R-40 district that have historically and continue to be used for agriculture or as open space. I don't think that anybody knows that this is in there. I don't think that there's people out there. I think if there's a farmer that has a parcel that's zoned R-40, thinks that he's safe, but according to this document, this could pop up at any time. And I don't think that that's a proper way to approach things. 8-16, consider creation of an R-60 zoning district to apply to R-40 land; do you know what that means? Make the R-40s nonconforming. I will bring a map to the next meeting from the Town Master Plan. And in it, I have highlighted in different colors the different zones that were rendered nonconforming by the Master Plan. To which I refuse to pass the Master Plan until the Town put something in the Town code that said that these people could develop according to the side yards and the setbacks that existed at the time that these lots were created. I said, otherwise you're making the whole Town nonconforming. It sounds innocent enough. It sounds like a simple little planning tool. But if you read the Jones study, you'll know what comes as a result of that. Somebody grabs a hold of that and says okay, now we've got a wedge, now we've got a level, now we've got a way to make people pay for anything more than they have got. And that was the whole gist of the Jones study. Now you're talking about throwing another zoning concept into here, which is the poor R-40s that happen to be left as R-40s. Now you're going to up them to R-60, and the restrictions in R-60 will be entirely different than they are in R-40. And that I don't think that this is seriously addressed, this concept, is seriously addressed on the impact to the homeowners of this whole concept. And I think that if the Town is going to do some serious planning, they should go back, and when I show you the map and you see the colors, about 80 percent of the Town COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 62 is in a nonconforming zone. And I found out later 'cause I was naive about that. I just addressed the nonconforming issue, and I fought it for six months. I mean, we had David Emilita here from Southampton, and he's going on about it, and I said, fine, whatever you want to do, but if you don't put that in the Town code, then I was the fourth vote on the Master Plan, well, an administration after ours took that out again so that now everybody is nonconforming, but I fought for what I feel was right at the time, and I feel it's still right today, and I still don't think you should do it to more people and you ought to correct it for the people that are already done. Consideration of an affordable housing overlay district. We have it. It exists. My notes here say I don't think he understands. I don't think anybody's read it or understands it. It is an overlay district. It can be applied within a mile -- half a mile, I believe, of the post office in every hamlet. Just a point in here is that the only way that this can be -- affordable housing can be triggered is in response to an application, and that's true. Now, if the Town Board wants to take the nerve and designate something within that overlay zone or anywhere within that overlay zone an AHD zone, for God's sake, do it. But every time somebody comes in with an idea, the word goes up, that guy's a developer, he can forget it. Look what he's going to do. He's going to take four acres and put seven, eight units on it. That's what affordable housing is all about. Smaller land is the only way it works. Either that or get some rental going but you got to do something. So this whole Page, 8-20 has to be rewritten in the context of what exists in the Town of Southold because whoever wrote this page doesn't know. And the next page, the property eligibility guidelines will be crafted so that the affordable housing overlay zones will be applicable in appropriate portions of the Town such as within the hamlet centers of within COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 105 63 the proposed HALO zones. Such guidelines would prevent inappropriate rezoning for the location of affordable housing project in an area where context of farming would arise. Now that absolutely contradicts what it says on the other page, because that is what we have, and this is saying what we should have. We have it it's there. Page 8-21, top of the page. Consider allowing farm labor housing through incentives. They address the need for farm labor housing. There is a need for farm labor housing. 'Cause farm labor housing is cutting into the legitimate young working class people in this Town. If you let the farmers do something like they do in Riverhead, you go down and look at Half Hollow Nursery, they have got some units out there for their help, they fit very nicely, back off the road. It's a pretty white building an L-shape, God knows how many units are in it. It's a beautiful thing, but this thing here is allowing farm labor housing only on farms through incentives, but it doesn't mention any incentives. You just left me on that one. I mean, if you're going to address incentives, please put them in. Okay. Way to the back, the Chinese menu, description of proposed action, the Town Board needs to initially consider all prior recommendations with an emphasis on those that protect farmland, open space, promote affordable housing and preserves natural resources. The Board may prioritize, narrow down or select implementation tools that best achieve the goals of the Town. The basic goals -- and they go back and reiterate the basic goals again. Those goals have always been there guys. Those goals are not HD. Those goals are in these documents right here. What you're doing is you're not creating anything new. You've taken, a very, very complicated issue, you broiled it down into a town-dividing issue of do we put in five acre zoning everywhere in the R-80s, and that's the only concept that's really going to be followed up, and the town knows it. They know it. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 106 64 Get a plan going. Let's end this fighting. Let's end this divisiveness, At the last meeting I suggested that one person in favor of it and one person against it should go out back and dual. It would be easier on the town. Get it over with. Winner take all. Let's get it over with. Everybody will agree, whoever gets shot, we bury him and it's over with. The other guy wins and the town goes on. We'll take our chances but to carry on like this at these meetings, time after time after time after time, it's ridiculous. I mean, you got farmers fighting for their rights. Was it any different when I was in here fighting for my business property on the County Road 48 studies; was it any different? Do the farmers feel any different than the business community does? I don't think so. When you take the underlying value of a person's land out from under him, you're hurting him. And just remember one thing, there are five acre people, there are one acre people, there are half-acre people. The whole town cannot handle one zone. As a matter of fact, and I don't -- and this is abstract but the Mt. Laurel decision which is what caused the Master Plan in Southold in the 1980s when John Nickels was on the Board, they put it through two acre as a holdover, and then they started the Master Plan process because the Mt. Laurel decision in Jersey said you can't blanket the Town with one zone. Now that's a reach. That's a reach right now, but believe you me, it's still the same concept. And I think if you read the Mt. Laurel decision, you will find out that your job as a Town Board member is to provide what this document says, a variety of housing for different sociological, different economic level people. And let's all work together. This isn't your Town, it's not my Town, it's our Town. It belongs to everybody, let's share it. SUPERVISOR HORTON: Thank you Mr. Penny. I am going to make a motion to adjourn, but -- COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Southold Town Board July 8, 2003 106 65 1 2 MS. SWEENEY: May I comment on 9 Mr. Penny's? SUPERVISOR HORTON: You can address the Board. MS. SWEENEY: I worked in Southampton for about five years and had to drive from Mattituck to Southampton. I had to be there by eight in the morning, if I didn't leave by 6:00 in the morning to get to Southampton, which from my house to Southampton was 23 miles, two hours because Sunrise Highway becomes a parking lot from six in the morning, working people coming in to there, and I know all the short cuts and everything going onto Montauk getting off at Hampton Bays, nothing worked. It was a nightmare and if it was a nightmare -- and I've been retired, I worked in a drug store there -- I've been retired about a year and-a-half -- if it was a nightmare then, now it's unbelievable. It's five acre zoning that they put in Southampton Town was unbelievable. Nobody can live there that works there will be, I guess, trying to get over there in the winter time, not in the summer time, in the winter time, try and get over to Southampton within two hours in the morning. I dare you. SUPERVISOR HORTON: Thank you Mrs. Sweeney. Motion to adjourn. MS. SWEENEY: I still love you. I always love you. (addressing George L. Penny IV) SUPERVISOR HORTON: We've adjourned this meeting. I thank you all for watching this Town Board meeting. We do appreciate your participation and thank you all for attending. 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 (Time ended: 8:25 p.m.) 22 23 24 25 4i~_:/.dO~ ~~~. NeviIle Southold Town Clerk