HomeMy WebLinkAboutTB-04/06/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
April 6, 2004
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, April 6, 2004 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with
the Pledge of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Good evening and welcome to the April 6th, 4:30 P.M. public meeting of
the Southold Town Board. We have reports, public notices and communications available at the Town
Clerk's office, Monday through Friday 8:00 A.M. to 4:00 P.M. if anybody would care to review those.
We afford the opportunity for the public to address the Town Board two specific times over the course
of the meeting. One prior to the reading and voting on any of the resolutions on the printed agenda, we
afford the public to address specific resolutions and after the resolutions are complete, we also give the
floor to the public to address the Board on town related issues. And as well, the floor is given to the
public over the course of public hearings, if there are any over the course of the meeting. ! ask that
when you address the Town Board, you do so from one of the two microphones at the front of the
room and state your name and place of residence for our Town records. This afternoon we have a
special presentation and ! have asked retired Chief Conway to come forward. Chief Conway worked
for the Police Department for many years and we periodically go through who we have given
proclamations to and recognized with certificates to and in our review, we realized that the Town did
April 6, 2004 2
Southold Town Board
not give proper recognition to Chief Conway when he retired in 2000 and I thought we would be
remiss in not recognizing Chief Conway for his years of service and publicly thanking him, also
thanking him as a Town Board. Joe has gone on to continue to serve the Town, giving his expertise
and perspective and insight to the Town Board in reference to these matters specifically through the
Police Advisory Committee. We are very proud and fortunate to have him with us.
WHER EA S : the Supervisor and
Town Board of the Town of Southold, on behalf of its residents', wishes to pay tribute to
former Police Chief JOSEPH A. CONWA YJbr his accomplishments' and lasting
contributions during his years with the Southold Town Police Department; and
WH E R E A S : JOE began his association with Southold Police Department
in May of 1969 and retired in August of 2000 thirty-one years of service during which
he held all positions in the department before attaining the rank of Chief of Police in
1996; and
WH E R E A S : throughout his career JOE protected the health and well
being of the community through training and department-improving initiatives, always
with a commitment to the responsibilities of leadership; and
WH E R E A S : as a lifetime resident of Southold Town, JOE is apart of the
fabric of the community actively serving as a volunteer firefighter, a member of the
Rotary Club, a dedicated and selfless family man and a friend who deserves the sincere
thanks of those for whom he has made a difference for so many years; now, therefore,
be it
R E S 0 L VE D: that the Town Board of the Town of Southold hereby
congratulates JOSEPH A. CONI4~A Y on his thirty-one years of service to the Town of
Southold and extends sincere best wishes for continued good health and happiness.
D A T E D : April 6, 2004
Supervisor Joshua Y. Horton
Councilman Thomas H. Wickham
Councilman William P. Edwards
Councilman Daniel C. Ross
Councilman John M. Romanelli
Justice Louisa P. Evans
Town Clerk Elizabeth A. Neville
! think also it should be mentioned, we talk about this a lot when we gather for our annual meetings for
the fire departments, it is always important to recognize the family of the person who served, as well,
because you know, with service and sacrifice obviously comes service and sacrifice from the family
members, so Maggie and the rest of your family, the thanks are to you as well. And we will thank your
son when he retires. So we will move on with the agenda, if we can get an approval of the audit.
April 6, 2004 3
Southold Town Board
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $180,597.51; General Fund Part Town bills in the amount of $31,644.21;
Highway Fund Part Town bills in the amount of $83,794.04; Capital Projects Account bills in the
amount of $451.31; Landfill Cap & Closure bills in the amount of $12,540.53; Community
Preservation Fund (2% tax) bills in the amount of $2,573.68; Employee Health Benefit Plan bills in the
amount of $9,002.88; E-W Fire Protection District bills in the amount of $105,537.24; Fishers Island
Ferry District bills in the amount of $15,063.94; Refuse and Garbage District bills in the amount of
$22,429.18; Southold Wastewater District bills in the amount of $5,733.55; Fishers Island Sewer
District bills in the amount of $260.00; Southold Agency & Trust bills in the amount of $86.87 and
Fishers Island Ferry District Agency & Trust bills in the amount of $54.11.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the minutes of the March 23, 2004 Southold Town Board Regular Meeting be and
hereby are ordered approved.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, April 20,
2004 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
REPORTS
1. Juvenile Aid Bureau - February 2004
2. Southold Town Police Department - Year End Statistics,
3. Scavenger Waste Treatment Facility - March 2004
2003
II. PUBLIC NOTICES
1. Suffolk County Water Authority Notice of Legislative Public Hearing and Issues Conference,
held April 20, 2004 at Greenport Fire House, concerning two wells proposed for its North Road
Well Field, west of Moore's Lane, Greenport, Town of Southold. Written comments, in
addition to or in lieu of oral comments, by April 16, 2004
2. New York State Department of Environmental Conservation Notice of Complete Application
of Thomas Cavanagh to replace existing bulkhead and steps and dredge on Wunneweta Pond,
Little Bay Road, Cutchogue, Town of Southold. Written comments by April 23, 2004.
3. New York State Department of Environmental Conservation Notice of Complete Application
of Peter Harbes to install irrigation for nursery stock on Aldrich Lane, Laurel, Town of
Southold. Written comments by April 16, 2004.
April 6, 2004 4
Southold Town Board
III. COMMUNICATIONS
None
SUPERVISOR HORTON: I think, I don't know if we need an approval of this but there is a joint
work session of the Village and Town Boards set for April 14th, SO I think that has to be properly
noticed. ! don't know if the Village Board has taken it upon itself to do so. So, however that works
out, ! believe it is April 14th at 4:30 P.M. And we can move forward to the resolution portion of our
agenda, where ! offer the floor to the public for specific resolutions. Mr. Carlin, please.
FRANK CARL1N: Good evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. I usually
don't have too many resolutions but ! have a half dozen today. ! will try to keep them short. #287,
labor crew leader. For what? What department or what is he going to do?
SUPERVISOR HORTON: For the Department of Public Works.
MR. CARL1N: Okay. That would be nice if that was added in there so you would know. This way
you don't know, at least ! don't, anyway. #307, Environmental Technician, what is he going to do or
whatever?
SUPERVISOR HORTON: Environmental Technician is a position that was established in the '04
budget for the Trustees, to assist the Trustees in evaluating permit applications and assessing
environmental issues that would be related to those permit applications.
MR. CARL1N: More added to the payroll, huh? Got along without that before, what do we need it
now for? Boy, oh, #315, explain to me a little bit what a bond is, how the Town uses a bond? When
you go out to issue for a bond, what is your process of doing that?
SUPERVISOR HORTON: Well, it depends on the nature of the bond, I think this bond resolution is
specifically in relation to the Solid Waste District.
MR. CARL1N: No, I am not saying that. I mean, how do you go about accomplishing the bond? How
do you process getting a bond? ! am not saying for what project, it could be any project.
SUPERVISOR HORTON: Well, essentially there are a number of components, first off the Board
would have to agree to borrowing a specific amount of money for a specific project. Then that project
has to be clearly defined and what the money that would be borrowed in the bond, how it would be
applied to the project. That has to be specifically accounted for. Then we get documents drawn up
from our bond counsel to properly execute the issuance or the request for the issuance of a bond. And
then we, in most cases, with the exception of land preservation bonds, they have traditionally been put
on, land preservation bonds are traditionally then put on the, put up for public referendum in
November election. But most bonds are done through a vote of the Town Board.
MR. CARL1N: Josh, I know about those, I am not looking for that. I am looking for, are these bonds
municipal bonds? What ratings are they?
April 6, 2004 5
Southold Town Board
SUPERVISOR HORTON: When we go out to bond, when we actually sell the bonds, we go through a
process of soliciting for the best rate of the Town.
MR. CARL1N: What period of maturity are they for?
SUPERVISOR HORTON: It really depends. Some of our bonds are five year, some are twenty years,
some are thirty bonds.
MR. CARL1N: Are they subject to call?
SUPERVISOR HORTON: Every bond is subject to call but we put up what is called a general
accounting, essentially we operate in a bond market that is a municipal bond market but every bond is
subject to call.
MR. CARL1N: ! know that. They are not municipal bonds? Tax free bonds.
SUPERVISOR HORTON: They are municipal bonds.
MR. CARL1N: Yeah, they should be.
you for that one.
SUPERVISOR HORTON: Yes, sir.
That is all ! want to go now, ! don't want to go further. Thank
MR. CARL1N: #319. Appraisal of the Peconic School. ! take it for granted that that is going to be
involved and connected with the pool, right?
SUPERVISOR HORTON: Not necessarily, Mr. Carlin.
MR. CARL1N: But why is it being done for?
SUPERVISOR HORTON: The Southold School Board has contacted the Town Board via letter
indicating that they are looking for offers on the Peconic School building, therefore the Town Board
took into account the possibility of having that building and the five acres associated with that building
as a way to possibly address future needs be it recreationally in dealing with youth and senior center.
There is no proposal forward, before we even entertain the notion of making an offer on it, we want an
engineer's report on the status of the building and also an appraisal.
MR. CARL1N: Well, weren't you considering that area there for a pool, also, though?
SUPERVISOR HORTON: At this point there is no specific consideration, to be quite frank with you.
MR. CARL1N: Because ! don't know why you should. What's happening to Mayor Kapell? He was
interested in having a pool in Greenport. What, what, why would you be interested in having a pool
here?
SUPERVISOR HORTON: I don't know the status of that.
April 6, 2004 6
Southold Town Board
MR. CARL1N: I hope we don't start going through like we did in '94, with a pool.
SUPERVISOR HORTON: I would hope that anytime the Town moved forward with any type of
recreation plan, if ! recall in '94, it was a political issue and ! would hope that it would remain out of
that realm.
MR. CARL1N: Because ! get a little bit nervous when we get into a pool because...
SUPERVISOR HORTON: Well, Mr. Carlin, ! will tell you, ! will reiterate what ! said, which is, we
are looking for an appraisal on the building and the property and it is not in connection with any
specific plan. We don't have a plan, we are evaluating whether we should even make an offer.
MR. CARL1N: Right because I am going to say something short about what happened. When we lost
the Laurel Recreation park for the YMCA pool there, ! don't want to get into that now, the Little
League baseball fields, that bothers me. Okay. Check that one off. #323, create a position of Police
Captain and establish a salary. Who is the Police Captain you are going to name here?
SUPERVISOR HORTON: We are establishing the position of Captain. Once a position and the
salary is established, we would then have to call for a list and pick from that list. We would have to
call the list from Civil Service from the County and interview.
MR. CARL1N: Can you give me any idea who you have in mind?
SUPERVISOR HORTON: ! can tell you ! would have a hard time supporting anybody other than
Marty Flatley.
MR. CARL1N: Because that is what I want to say right now, I support him. I knew Martin Flatley
when he was a little boy. He is well qualified for the job. And ! don't qualify people unless ! know
what they are doing and what their background is. He has been to school, he has been to college for
this type of stuff, he has been to the FBI school and he is well qualified and now, who am ! going to
say this? In my opinion, he is qualified for any unlimited position he can get in the Police Department.
SUPERVISOR HORTON: Well, your endorsement of him will be heavily weighed in this decision.
MR. CARL1N: My endorsement of him is 100 percent. He is well and he knows his job and he
deserves the promotion of Captain in my opinion.
SUPERVISOR HORTON: Couldn't agree with you more.
MR. CARL1N: Oh, #324. Finally going to knock down that wreck that is in Mattituck, the deli?
Going to get that out of there, finally?
SUPERVISOR HORTON: This resolution, if this resolution passes will say that the owner has until
June 1 to remove the building. If they don't do it, we will.
MR. CARL1N: It's about time. I hope so. That is all for know.
April 6, 2004
Southold Town Board
7
SUPERVISOR HORTON: Thank you, Mr. Carlin.
MR. CARL1N: As General MacArthur says, 'I shall return'.
SUPERVISOR HORTON: Mr. Meineke.
HOWARD ME1NEKE: Good afternoon, my name is Howard Meineke. I live in Cutchogue, I am
currently President of North Fork Environmental Council. I want to speak, number one, #305, I think
that is probably a good idea, hamlet study is a good idea. However, I want to comment a little bit on
hamlet studies in general, there has been a general junk around town that there is 30 plus studies in the
basement that didn't generate much activity. And most recently there was the DGTEIS that was
unanimously agreed upon by the Board to pay $200,000 for it and have a consultant do it and as soon
as the report came to the Town Board, the Board engaged in a sort of a hissy fit and said that those
other guys rigged the data and the thing is no good. So I would say that those 30 studies, if you had a
$200,000 one here, just off the top of my head, maybe an average study is $30,000-$35,000. That is
one million dollars worth of studies that some of us might think was wasted money. Now something
very much like a study is the Blue-Ribbon Commission, which had a unanimous result of 80 percent
preservation and 60 percent density reduction. Now, without public hearing and without benefit of
opinion and comment from the public, it got to be a done deal that our goal for future preservation is
75 percent of preservation and 60 percent density reduction. Don't get me wrong, we haven't had a
goal out there until now, I think that is good, so I am congratulating you for setting a goal and I hope
you keep that in mind with every darn thing that comes up that we want looking to get an overall
preservation on 80 percent of our farmland and open space and 60 percent density reduction.
However, I think the process by which it got knocked down to 75 percent is suspect, I don't know who
got to make opinions on it, the general public didn't, there was not a hearing and yet it got knocked
down. I would have thought that the bulk of the Board is made up of people who either supported five
acre zoning which was 80 percent or supported will get you 10 acres preserved for one acre developed
or it was supported by people who were on the unanimous Blue-Ribbon Commission of 80 percent. So
the whole darn Board was in favor of 80 percent, I don't know why it got to be 75 percent. It sounds
like nitpicking but if you look at the 8,000 acre goal, that is 400 acres that we are saying the hell with
it. I don't understand that and I think that as someone who is interested in Town government and I feel
that we contribute comments when a large portion of the citizens are interested. I think that when what
seems to be a foregone result gets changed and there wasn't a public hearing and there wasn't a
comment period, we don't understand that and it makes us a little bit nervous and that is it. Thank you
very much.
SUPERVISOR HORTON: Thank you, Mr. Meineke. Are there other comments on resolutions? Mrs.
Egan.
JOAN EGAN: Yes, good afternoon, Joan Egan from East Marion. Before I start, I wish everybody a
very happy and holy Easter and a holy season for those of you who are not celebrating Easter. Item
290, the only comment I would like to make on that Mr. Horton, I don't think you can do much about
it, I truly believe that the bicycle people should go against the traffic because of the silent motors, the
bicycle people don't hear the motors. Is there anything we can do about that or is that State or County?
April 6, 2004 8
Southold Town Board
SUPERVISOR HORTON: I don't think the Town Board has the ability or the authority to tell people
what side of the road...
MS. EGAN: Well, there are signs...
SUPERVISOR HORTON: You asked a question and I gave you an answer.
MS. EGAN: Well, there are signs along the roads that say bicycle paths so either the DOT is doing it
or somehow we are involved.
SUPERVISOR HORTON: As for that specific resolution...
MS. EGAN: There isn't much we can do about it?
SUPERVISOR HORTON: No.
MS. EGAN: No, okay. Item 287...
SUPERVISOR HORTON: You are going backwards now.
MS. EGAN: I know, I am sorry about that. I think you can handle it. Maybe I had a senior moment.
This Jeffrey Standish, who is he and where does he come from?
SUPERVISOR HORTON: He is a 17 year employee of the Town, born and raised on Fifth Avenue in
Greenport. I believe he lives in Southold now.
MS. EGAN: Good. Now, #289, Detective Beth Dzenkowski and I think that is great because she does
have to keep up with all of the new things but again, she will be missed. She will not be replaced. We
need more policemen, we need more police ladies. They are doing a fantastic job with the young
people, keeping them out of jail. She really does, she bends over backwards to see that these kids who
do, I don't like to use the word stupid, but that is about what some of it amounts to, stupid silly things
that annoy people and can be. So, I would like to see more police ladies and now we will go on to
#292, that is Town Clerk for summer positions, I would hope that this year that whoever is in charge of
the beaches will raise the American flag and see that it is taken care of properly, we reviewed that last
year and it didn't happen all the time. Now, #294, now this is in regard to the asphalt for the Highway
Department. The patchwork that was done...
SUPERVISOR HORTON: Mrs. Egan, this is just for a bid, this resolution.
MS. EGAN: Okay, well let's see that the Corazzini's present us with good stuff because the roads are
terrible.
SUPERVISOR HORTON: Okay.
MS. EGAN: Now, again, now, well this is #295, we do need a sweeper, we need big sweepers. I was
almost blinded by sand in front of IGA in Southold, which I reported to a police sergeant because
April 6, 2004 9
Southold Town Board
when the cars go quickly and there is so much sand there, it blew into my eye. Thank god I knew how
to take care of myself. Now, ! am very glad, this #297, that Mr. Conway had to leave so soon, maybe
he could give, being such a dedicated person, he could come up here and teach the town employees
how to use the fire extinguishers and where they are. ! think that would be an excellent thing to do. !
don't quite understand #298,
SUPERVISOR HORTON: Mrs. Egan, are you going to go through each resolution one by one?
MS. EGAN: Do you...
SUPERVISOR HORTON: Do you have a specific question...
MS. EGAN: Mr. Horton, ! asked you not to rush me. This is my privilege and my time to ask you
questions.
SUPERVISOR HORTON: Just remember that there are other members of the public that would like
to...
MS. EGAN: That is fine. Then we will have to stay a little bit later. It is daylight savings time.
Unless you are afraid to go home in the dark? So, #298, is this for the garbage up there? Mr.
Bunderchuck?
SUPERVISOR HORTON: This is a, let me just confirm, you are on #298?
MS. EGAN: Mmhmm. Maybe some of the other Board members could help you out.
SUPERVISOR HORTON: This is a public hearing that is in relation to a bond request for monies for
the Solid Waste District, yes. The Transfer station.
MS. EGAN: Well, ! think...
SUPERVISOR HORTON: We are required by law to...
MS. EGAN: Well, there are already a lot of complaints about the papier-mache bags. Now, #300, !
have addressed this over and over again. ! am very, very vehemently opposed to your replacing the
roof here until you determine .... is there an attic here? Is there an attic?
SUPERVISOR HORTON: No.
MS. EGAN: No, then why do, ! don't see anything...
SUPERVISOR HORTON: Mrs. Egan, we are putting a new roof on Town Hall because we need one.
MS. EGAN: ! don't think you do. ! think it is a waste of money and it is my money.
SUPERVISOR HORTON: Okay, ! understand that. That is a good point.
April 6, 2004 10
Southold Town Board
MS. EGAN: Pardon?
SUPERVISOR HORTON: I said that is a very valid point.
MS. EGAN: You better believe it is. Well, #301 again, Mr. Bunderchuck and he has done a terrible
job. Now, as far as this one on the police, the police captain, #323, now, if we have a police captain,
you are the police commissioner, correct? Non-salaried?
SUPERVISOR HORTON: That is correct.
MS. EGAN: Okay. Then we will have a chief?.
SUPERVISOR HORTON: That is correct.
MS. EGAN: And then you will have a captain.
SUPERVISOR HORTON: That is correct. If this passes.
MS. EGAN: And then you will in addition have, excuse me?
SUPERVISOR HORTON: If this resolution passes.
MS. EGAN: And then you will have another lieutenant. Is that correct?
SUPERVISOR HORTON: The structure would be the chief, captain and two lieutenants.
MS. EGAN: So there is the police commissioner, the chief, the captain and two lieutenants.
SUPERVISOR HORTON: But ! think as far as law enforcement activity is concerned, you can take
me out of the equation.
MS. EGAN: Oh, ! know that. ! checked that out myself. Then we very much, if we are going to do
that, if we are going to have people in higher office, then that means that you are going to need at least
two or three more police officers, certainly before Memorial Day. Hopefully, they can get someone
from the city or Nassau county for replacement because if you have too many chiefs and not enough
people underneath them, you have a big problem. Which we do. Now, again, ! want to be sure that !
got that one in. Again, #316, this town attorney's offices to retain the services of Pilimco, now, this is
again more money being spent and this group is from where? Maybe Mrs. Finnegan can answer.
SUPERVISOR HORTON: Mattituck.
MS. EGAN: Pardon?
SUPERVISOR HORTON: Mattituck.
April 6, 2004 11
Southold Town Board
MS. EGAN: Good, wonderful. That is an improvement. And Stype, ! see his sign. ! very much agree
with Mr. Carlin that we should proceed very, very slowly on this Peconic school, god only knows, !
believe the last Town Hall meeting there was something said what we might otherwise do with that
building, wasn't there? Am ! wrong?
SUPERVISOR HORTON: ! don't know what you are specifically referring to but ! think that there
are, if the Town were to purchase the building, there were several uses that could be entertained.
MS. EGAN: Okay. ! am almost finished, isn't that marvelous? Thank you very much.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MS. EGAN: ! will speak after the meeting also.
SUPERVISOR HORTON: Ms. Norden.
MELANIE NORDEN: Melanie Norden, Greenport. With respect to #321, ! was wondering what the
postponement or the rescinding of#259 was about?
COUNCILMAN WICKHAM: Since we noticed this two weeks ago, just over the last weekend an
additional item has come up that we frankly overlooked. A legal question. About how to handle
variances and appeals under the law that is written in there. The Board, ! think, unanimously felt that it
needs a lot more work in that area, that the way it is written was not appropriate, the legal work was
not satisfactory. We need to take another look at it.
MS. NORDEN: So are we going to postpone this hearing for some time?
COUNCILMAN WICKHAM: ! believe that we came to an agreement today that will enable us two
weeks from today to put it out again, to notice it again, for a public hearing.
MS. NORDEN: Well ! would like to suggest that since we have actually postponed it, that we might
want to consider, the Board might want to take into consideration the notion that since you, Tom, have
been very instrumental in trying to craft some of this legislation and to define some of the terms, at
least from the perspective of the farmers and agricultural structures, ! think that we actually need what
might be known in legal terms as 'friends of the court' but in this case, a friend of the people or you
might even say Nicky Guya, friend of the earth. ! think that we really haven't looked at any of this
issue in broad perspectives; particularly with respect to the environmental impact on our water table,
the impact of how agricultural structures, if they are actually are greenhouses will change to kind of
farming that is done out here and change it from seasonal to maybe year-round. That the development
rights as such, carry with them certain assumptions and certain public rights that the public has when
public monies are spent. And ! don't think any of that actually has been addressed. This legislation
may be addressing the size of agricultural structures but it hasn't really looked at the over-all impact on
water table on the environment and ! would like to see all of this go before a SEQRA for review.
Because if we are talking about covering a lot of open farmland now with agricultural structures, then
we are really talking about compromising our water table significantly over the next 30 to 50 years, if
not much sooner. And particularly if we are talking about greenhouses and other structures that will
April 6, 2004 12
Southold Town Board
bring chemicals and will change to the notion of agri-business from seasonal to year-round which
greenhouses would in fact and other more permanent structures would in fact do, then we really need
to look much more thoroughly at the environmental implications of all of that. Since we have now
taken a step back to accommodate the notions of easements and the problems that we might have going
forward and the legalities, ! want to make sure that on the one hand yes, the farmers will be protected
but ! really want to make sure that the public is protected. Because this is a much broader issue than
simply the issue of agricultural buildings, their size and who is going to sell what and whether it is
tomatoes or corn. This is a very broad based issue in terms of how these structures will impact on the
public right and what development rights really mean and what the public's notion of all this is and
who the public is involved in this dialogue. So since you and the Board have been very instrumental in
trying to craft this from the farming perspective, ! think we need at least one or two or three other
people or committees that have a little bit of teeth, to be able to address this from the public
perspective. Either getting a report from the Land Preservation Committee, getting some feedback
from the Tree Committee, since you are going to be clearing some trees; certainly getting some
feedback with respect to our water table and in fact, if we are now talking about you know, expanding
structures on agricultural land that is one issue and what those structures should be but the other part of
the agreement or the other part of the argument has to do with the public right and what the
development rights are. Because we are now arguing that the agricultural structures are going to be on
land that has been quote-unquote preserved for the public in perpetuity, than that argument is far
infinitely more complicated and has much more far-reaching implications because some of those
implications and some of those easements are easements given in perpetuity. And so we really have to
look at that and ! don't think there is nearly enough time in the next two weeks to answer these issues
which are going to have a major impact on the entire future of the way the Town of Southold will look
and what we are really talking about in terms of preservation.
SUPERVISOR HORTON: Okay, thank you.
MS. NORDEN: So what can we do about that?
COUNCILMAN WICKHAM: ! think we can pick up on several of your comments. We can go to the
Tree Committee, which is meeting next week; we can go to the Land Preservation Committee. ! would
just like to comment that ! think while different people can differ about it, it really is a balanced
legislation that has been crafted so far. It is not all just prepared from the point of view from the ....
MS. NORDEN: ! know, but ! don't see any environmental analysis at all of future impact.
COUNCILMAN WICKHAM: There has been a SEQRA analysis done for this, hasn't there?
TOWN ATTORNEY FINNEGAN: It will be done.
MS. NORDEN: But how can 'it will be done' be adequate to make any decisions with resolutions that
we even haven't seen, when you haven't seen the analysis?
COUNCILMAN WICKHAM: It will be done in time for the public hearing, at which time all
interested persons will have an opportunity to address the Board with their point of view on this.
April 6, 2004 13
Southold Town Board
MS. NORDEN: And then when will the vote take place? Two minutes afterwards? ! mean that is
really kind of not fair. If there is going to be a SEQRA report, it should be in our hands and in the
hands of the public. And if you are going to postpone this hearing, then we should have a chance by
public right to review that document, to give testimony concerning that document and to see that
document before the public hearing and to have the public hearing postponed until such time as the
public can digest that document. This is an extremely serious issue.
COUNCILMAN WICKHAM: And at this point, if this resolution passes tonight, we don't even have
another date for the next public hearing.
MS. NORDEN: Well, can we make an agreement that we don't actually have the date until the public
has the opportunity has the opportunity to number one, be in receipt of the SEQRA document that
presumably is going to address, ! don't even know if it is addressing environmental impacts or is it
simply declaring the negative or positive declaration? Is it an analysis or is it simply a declaration of
either negative or positive impacts, you know?
TOWN ATTORNEY FINNEGAN: It would do what is required by the statute. It depends on if it is a
Type ! or a Type I! action, then it wouldn't need it.
MS. NORDEN: Right. Have we asked to have any type of environmental impact analysis done
regarding the impact of agricultural structures over time on the environment? Have we asked for that
before we were going to go ahead with this legislation? Tom? Have we?
COUNCILMAN WICKHAM: We have not asked specifically for environmental impact of x-quantity
structures.
MS. NORDEN: Not just x-quantity, how about any quantity?
TOWN ATTORNEY FINNEGAN: Well, if ! may, as the structures get built, then with each
individual structure, sometimes the Planning Board will require SEQRA review be done on the
individual structure.
MS. NORDEN: Yeah, but the Planning Board is not altogether in that position any longer to really
require that, so that really doesn't work. All ! am saying is that this is an issue that is a very serious
issue. If you are telling me that we are just asking SEQRA, if we are asking for a negative or a
positive declaration, ! am saying that is in no way adequate. That we are not talking about one off
agricultural structures, that would be the worst way for us to do future planning. To just say, we will
just take Tom Wickham's farm stand and once that is okay and it doesn't have an impact on his land,
we will go on to the next one. That is not future master planning, that is not future forward thinking.
We need a plan that will address how many agricultural structures we actually are talking about over
time, even theoretically. And what their impact will be on the water table and on the environment of
the North Fork. So if we are talking about 10 farms with 10 structures or 100 farms with 4 structures,
we probably can get a general idea of what the outside number of agricultural structures could be built
out say, in 20 years and ! think we could analyze from there and extrapolate what the impact of those
structures would be. This is an extremely serious issue, not just for the structures but again on the
other side, with respect to the public's right...
April 6, 2004 14
Southold Town Board
SUPERVISOR HORTON: Right, you have made that clear.
MS. NORDEN: Right. ! have made it clear but you haven't answered my question. What is your plan
going forward?
SUPERVISOR HORTON: Excuse me, Ms. Norden, the Board at today's work session decided to pull
this back from public hearing because it is a piece of legislation that is not ready to go before the
public for public hearing because as it is drafted now, it is not something that could be implemented.
MS. NORDEN: ! understand that. But you didn't pull it back because of any concerns that had to do
with the environment or the concerns of the public's right to know and the public's right with respect
to development rights. You pulled it back because of easements and the legalities of what you could
do going forward, knowing that easements are in perpetuity, you may run amok with some of the
problems in the legislation but that is completely separate from the issue that ! am asking. You pulled
it back because of easements and legalities and whatnot. ! am asking you whether you have any
intention to look seriously at the implication of this legislation in two arenas. One is the implication on
the environment over time of a whole host of structures number one and on the opposite side, the
implication of what would happen to the public's right with respect to development rights if in fact
there was incredible build-out on that land that was defined as being preserved. Neither of those issues
has been addressed and it would seem to me that it is completely irresponsible to talk about going
forward and approving legislation of this magnitude without even looking at either of those issues.
SUPERVISOR HORTON: The other point that was raised at the work session today was that there
was not even general agreement among the Board as to what form the legislation should take form,
moving forward. So the, at this stage of the game ! feel that, this is just one person's perspective, but !
think the legislation is back to its infancy again. And it is going to have to take another form in
moving ahead. You mentioned the one specific point of the legalities of lands preserved in perpetuity
and how that weighs against public interest and various other interests, those questions will have to be
answered and will be definitely taken into consideration for the, before the...
MS. NORDEN: Well, ! guess the question is then, who will answer them? ! mean, who will serve, as
Tom does on the Board or who else in the Town will serve...
SUPERVISOR HORTON: Our attorneys are the people to keep us from doing something that
shouldn't be done.
MS. NORDEN: Well, ! still would respectfully submit that is not enough. And ! would like you to
really consider setting up an ad hoc committee that could be advisory only if you choose to address this
specific issue. But probably the Land Preservation Committee has enough to do, maybe the Tree
Committee does, too.
SUPERVISOR HORTON: The Land Preservation Committee has been at the forefront...
MS. NORDEN: Well, then that would be fine.
April 6, 2004 15
Southold Town Board
SUPERVISOR HORTON: This legislation came largely in partnership and at the request, in
partnership with and at the request of the Land Preservation Committee, this is something that the
Land...
MS. NORDEN: Well, then maybe we need somebody in partnership with the people or the
townspeople on the earth alone, but what ! am saying is that the dialogue may need to be expanded and
it would be perfectly reasonable, you also would not be obliged to take any of the recommendations of
such an ad hoc committee to heart and enforce them but ! would really like to encourage you to
consider the fact that this is an extremely serious dialogue with lots of implications. We have heard a
lot from the farmers about what they want to build, what they should be able to build, we have heard
virtually nothing or anybody who has defended either the public's right on the one hand or the
environment on the other. So, if we have now postponed the hearing and we do have some wiggle
room here and we really want to look at how the face of the North Fork will change and ! am, by the
way, not saying that everyone is against agricultural structures, anything like that but ! do think it
would make some sense to plan. Because we are talking about an industry that is now shifting from a
seasonal industry to a year-round industry and all of those implications are very serious. It doesn't
mean that we can't do that but it does mean that we should have a heads up, both for the environment
and for the public, so would you consider establishing an advisory committee, for a period of time to
look at the on the one hand the environmental and on the other hand the public interest issues?
COUNCILMAN WICKHAM: ! have been trying to bring a balanced proposal to the Board all along.
Environmental impact is part of that balance, after the meeting ! would be glad to sit down with you
and see if we can find a way to be sure that all the environmental angles will be looked at carefully. !
would be glad to try to find a formulation and a way of bringing together that information to the Board
before we ....
MS. NORDEN: It is not just sitting down with me, I am really not an expert on water tables and
hydrology, ! also would never be able to ....
SUPERVISOR HORTON: Something else to keep in mind here, the Zoning code for AC and for R-80
as it pertains to agriculture, uses the percent of 20 percent and that is where that number came from.
MS. NORDEN: No, ! understand that.
SUPERVISOR HORTON: If you are taking the development rights from that property, the 20% was
mirrored after our already existing code on which most of the agriculture industry exists today.
MS. NORDEN: I know. I know.
SUPERVISOR HORTON: So, that those laws that are already on the books have gone through
SEQRA review, have gone through Planning...
MS. NORDEN: But, Josh, that doesn't really address...
SUPERVISOR HORTON: So if that is what you are talking about. So if not another ounce of land
was preserved today ....
April 6, 2004 16
Southold Town Board
MS. NORDEN: Right, right.
SUPERVISOR HORTON: ...but if not another spot of land was preserved today, the 20% is still the
benchmark, is the allowable limit for coverage on agricultural lands.
MS. NORDEN: No, ! understand that but we are actually talking about the expansion of building size
and structures.
SUPERVISOR HORTON: In regard to this, you are talking about that minus the residential
development.
MS. NORDEN: Sure. No, ! understand that but we are also talking about a different kind of structure
! mean, it is one thing to talk about a farm stand, what a minute, we are not talking about a farm stand
that is going to sell corn for three months and we are going to close our doors. We also are talking
about greenhouses that will be open year round, we are talking about a transition...
SUPERVISOR HORTON: That is the case with the current zoning code as well.
MS. NORDEN: ! understand that. But we are now talking about buildings that will be considerably
larger than what was initially proposed in the current zoning code. ! mean, Tom has recently
addressed issues of greenhouses ....
SUPERVISOR HORTON: Building size is not addressed in this. Building size is not a component of
this.
MS. NORDEN: But some of the discussion has encouraged greenhouses of 1,000 feet or more, !
mean, Josh all ! am saying is that nobody is opposed to this law. What ! am saying is we need to work
out a master plan both from the point of view of the fact that greenhouses does not mean doing
business in the same old way. ! am not talking about same old, same old farm stand selling tomatoes.
SUPERVISOR HORTON: ! understand your point but ! don't think we need to...
MS. NORDEN: But the question is, ! would like to know what we are going to, ! don't need Tom to
pull me aside at the end of the meeting and say, ! will listen to your concerns, ! would like a plan of
action and you don't have to address it now but maybe over the next week or two we could come up
with a plan that will address both the public interest aspects of the legislation on the one hand and on
the other hand...
SUPERVISOR HORTON: Melanie, here is the process. The process is that it has been very public
and very open as far as the legislation being drafted, there have been joint meetings of Land
Preservation and Town Board and a number of involved agencies and there have been several of them
and it has been discussed at various Planning and Zoning...
MS. NORDEN: ! still don't see any environmental index for that.
April 6, 2004 17
Southold Town Board
SUPERVISOR HORTON: And Melanie, it will be set to public hearing, at which point we will have
to go through specific legal channels that will evaluate environmental impacts.
MS. NORDEN: ! know but ! just heard that we would go to a public hearing without having a SEQRA
report in advance and it would be voted on that night. That is not due process.
SUPERVISOR HORTON: We will have, whatever legislation is decided upon, that legislation will
then have to have SEQRA conducted on it.
MS. NORDEN: ! think that is putting the cart before the horse. What ! am saying, Josh, is...
SUPERVISOR HORTON: No, it is not. That is the legal channel. That is how it has to be done. A
piece of legislation...
MS. NORDEN: ! am suggesting that before...
SUPERVISOR HORTON: ...before it can be voted into law has to go to SEQRA.
MS. NORDEN: Right. But ! am suggesting that before we bring it to public hearing that if a report
has been requested in terms of environmental impact, then the public should have a right to see that
report prior to the hearing with enough time to review it. If we haven't asked for that report, then let's
ask for it, number one. But the idea that the report is going to be here maybe in two weeks and we are
going to have the public hearing the same day and vote...
SUPERVISOR HORTON: At this point there is going to be no report because we don't have
legislation...
MS. NORDEN: But what did Ms. Finnegan just refer to, then?
SUPERVISOR HORTON: That is going to have to be, the SEQRA that was ordered at the last Board
meeting for the legislation. That legislation is not being set to public hearing, that legislation is
obviously going to be changed, which is obviously going to have to have, ! don't mean to say
obviously, it definitely is going to have to have its own SEQRA report.
MS. NORDEN: Alright, so run this by me one more time. What did we send out with respect to
legislation? What did we ask for in terms of the SEQRA report?
TOWN ATTORNEY FINNEGAN: Previous legislation has been sent out. It is no longer going to
generate a report because the legislation...
MS. NORDEN: ! am not talking about previous legislation.
SUPERVISOR HORTON: We don't have legislation to have SEQRA done on. When we have
legislation that is ready to go before the public for public hearing to receive input like you are giving
tonight, we would ask for SEQRA to be done on it. At which point, Justice Evans made the comment
and ! think it speaks right to one component of what you are asking for or making note on is, we could
April 6, 2004 18
Southold Town Board
certainly schedule the public hearing beyond the date of receipt of the SEQRA report, therefore the
SEQRA report is on file and is FOIL-able by the public.
MS. NORDEN: Right. But I think ....
SUPERVISOR HORTON: We can certainly accommodate that. I think that is a very reasonable
request. I think it is legitimate.
MS. NORDEN: And I hope that that report will take into consideration some of the broader impacts of
what we are talking about. I mean, have we asked them to look at such things as the impact on the
water table, over a 20 year period for example?
COUNCILMAN WICKHAM: I will see that it provides some insight in those areas. I mean, I can't,
we normally ask an outside contractor to do these things for us.
MS. NORDEN: So why don't we do that?
COUNCILMAN WICKHAM: I can't predict exactly what they will say but we will ask them to give
attention to those questions that you have raised.
MS. NORDEN: Have we already asked an outside contractor to do this?
SUPERVISOR HORTON: No.
COUNCILMAN WICKHAM: As the Supervisor said, we are going to have to go again and ask them
based on the new legislation, which is not yet in hand.
MS. NORDEN: No, I know that in terms of, I am just asking have we asked the contractor, like we
did for example, Church Lane; prior to any legislation, have we gone out and asked a contractor for to
give us an environmental impact analysis.
SUPERVISOR HORTON: Melanie, we are going to... no.
MS. NORDEN: Well why not?
SUPERVISOR HORTON: We will have SEQRA done on whatever legislation is brought forward.
And the SEQRA is the State Environmental Quality Review.
MS. NORDEN: Well, I guess I will have to be satisfied with that.
SUPERVISOR HORTON: Are there other comments from the floor on specific resolutions? Mr.
Domino?
MIKE DOMINO: Mike Domino, Southold. I am also currently vice president of the North Fork
Environmental Council. I would like to speak on two resolutions. On #307 ....
April 6, 2004 19
Southold Town Board
SUPERVISOR HORTON: #307 did you say? Hang on one second please.
MR. DOMINO: I would like to speak in favor of this. We think it is a good idea to have an
environmental technician to help the Trustees, so we heartily endorse that. And on #321, which
Melanie spoke about, well-thought out comments of hers. We would also like to express that we, too,
have concerns and issues concerning the process and the ability to have some input and it seems that
the two resolutions basically go hand in hand. What we are asking for is the Board be a little more
sensitive to environmental aspects of the resolutions. Thank you very much.
SUPERVISOR HORTON: Thank you, Mr. Domino. Are there other comments from the floor on the
resolutions? (No response) Okay, we will move ahead with the resolutions.
#286
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund~
Whole Town 2004 budget as follows:
To-'
A. 1670.2.200.500 Copy Machines
From:
A. 1990.4.100.100 Contingency
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
$7,920.00
$7,920.00
Councilman Ross, Councilman Wickham,
#287
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Jefferv Standish to the
position of full-time Labor Crew Leader, at a rate of $21.9598 per hour, effective April 7, 2004.
SUPERVISOR HORTON: Mr. Standish has proven himself to be a leader and ! whole-heartedly
endorse this promotion and look forward to seeing him in that capacity. He has done great things with
the DPW.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#288
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign an Amendment to the Downtown Revitalization Program's
Round III Program~ with Suffolk County Department of Economic Development, for an extension
for one year from March 18, 2004 to March 18, 2005, subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
April 6, 2004 20
Southold Town Board
#289
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective
Beth Dzenkowski to attend a training committee meeting for the State of New York Police
Juvenile Officers Association in Binghamton~ NY on commencing on Friday, April 23 through
Sunday, April 25, 2004.
No expenses to be incurred. Travel will be by personal vehicle.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#29O
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk
Bicycle Riders' Association to use the following Town Roads for their Annual Bike - Boat - Bike
event on Sunday~ June 6~ 2004~ from 7:00 a.m. to 3:00 p. m, provided they file with the Town Clerk
a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional
insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic: New Suffolk
Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Lighthouse Road, Wiggins
Street, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Jockey Creek
Drive, Bridge Lane, Oregon Road, Mill Lane, Wickham Avenue, and Westphalia Road.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#291
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Clerk Elizabeth A. Neville to attend the Annual New York State Town Clerk Association
Conference at Saratoga Springs, New York on April 18, 2004 through April 21, 2004, and the
necessary expenses for registration, transportation, accommodations, and meals shall be a legal charge
to the Town Clerk 2004 budget.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#292
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the summer positions for beach attendants~ lifeguards~ water safety
instructors~ playground instructors~ and beach manager for the Southold Town Recreation Center.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
April 6, 2004 21
Southold Town Board
#293
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient
Fire Department to use the following town roads for a Memorial Day Parade on Monday, May 31,
2004 beginning at 7:30 a.m. at the Orient Fire House and then proceed the different monuments in
Orient Village, provided they file with the Town Clerk a One Million Certificate of Insurance naming
the Town of Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to
coordinate traffic: Tabor Road, Orchard Street, Navy Street, Village Lane, Orient, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
AMENDED May 4, 2004 by resolution # 369
#294
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
Bros, Inc. in the amount of $39.93 per ton for the purchase of Type 6 Asphalt for pickup and use by
the Southold Town Highway Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#295
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 Empire
Equipment Sales of Long Island~ Inc. d/b/a Long Island Sanitation Equipment~ in the amount of
$164~160.00 for the purchase of one (1) 6-wheel broom street sweeper for use by the Southold Town
Highway Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
RESCINDED May 4, 2004 by Resolution #366
#296
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a lease agreement with Canon Business Solutions-East~
Inc. for two (2) new Canon ImageRunner 5020 digital copy machines for use at Town Hall, at a total
cost of $990.00 per month for a period of sixty (60) months beginning on the date of delivery, payment
shall not be due until after the 90 day warranty period, all in accordance with the approval of the Town
Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#297
April 6, 2004 22
Southold Town Board
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for Engineer
Jamie Richter ~ Fire Marshall Robert Fisher~ Chief Building Inspector Michael Verit¥~ and
Senior Site Plan Reviewer Bruno Semon to attend a Sprinkler and Standpipe Training Seminar
on April 28, 2004. The seminar will be held at Firemans Pavilion, 555 Irmish Ave., Lindenhurst, N.Y.
from 8:30 a.m. - 4:00 p.m.
COUNCILMAN ROMANELLI: Could we add Bruno Semon to that, he is in the Planning Board but
he is in charge of the commercial site plans?
SUPERVISOR HORTON: ! think it is appropriate to add Bruno to the list authorizing him to go but !
would defer to his department head, as to whether or not it is appropriate or that he can go. So let's
amend #297 to include Bruno Semon from the Planning Department subject to the approval of his
Department Head.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#298
Moved by Councilman Ross, seconded by Justice Evans,
PRESENT:
Hon. Joshua Y. Horton, Supervisor
Louisa P. Evans, Justice
John M. Romanelli, Councilperson
Thomas H. Wickham, Councilperson
Daniel C. Ross, Councilperson
William P. Edwards, Councilperson
A regular meeting of the Town Board of the Town
of Southold, in the County of Suffolk, New York,
held at the Town Hall, 53095 Main Road,
Southold, in said Town, on the 6th of April, 2004.
In the Matter
of the
Increase and Improvement of Facilities of
the Southold Solid Waste Management
District, in the Town of Southold, in the
County of Suffolk, New York pursuant to
Section 202-b of the Town Law.
ORDER CALLING PUBLIC
HEARING TO BE HELD ON
APRIL 20, 2004
RECITALS
WHEREAS, the Town Board of the Town of Southold (herein called "Town Board"
and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste
Management District, heretofore established and now existing in the Town (herein called "District"),
has heretofore determined that it is in the best interests of the Town and the District to acquire various
items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at
April 6, 2004 23
Southold Town Board
the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated
maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of
$104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the
hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800;
with the aggregate estimated cost thereof not to exceed $1,051,600; and
WHEREAS, grant funds may be received from the United States of America, the State
of New York and any other available sources to pay a part of some of such costs, and any such grant
funds received or to be received shall be applied towards the cost of said object or purpose or
redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment
of the principal and interest on said bonds; and
WHEREAS, the Town Board has given due consideration to the impact that the Project
may have on the environment and, on the basis of such consideration, the Town Board has heretofore
found and determined that no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all
applicable federal, State and local laws and regulations regarding environmental matters, including
compliance with the New York State Environmental Law and, in connection therewith, the duly
processed negative declaration and/or other applicable documentation has been filed in the office of the
Town Clerk;
NOW, THEREFORE, BE IT
ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall,
53095 Main Road, Southold, New York, in the Town, on the 20th day of April, 2004, at 8:15 o'clock
P.M. (Prevailing Time) to consider said acquisition of equipment (the Project) at the estimated
maximum cost of $1,051,600 and to hear all persons interested in the subject thereof concerning the
same and for such other action on the part of the Town Board with relation thereto as may be required
by law; and be it
FURTHER ORDERED, that the Town Clerk (i) publish at least once in the "SUFFOLK TIMES," a
newspaper published in Mattituck, in the Town of Southold and hereby designated as the official
newspaper of the Town for such publication, (ii) post on the Town Clerk Bulletin board of the Town
maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to
each owner of taxable real property in the District, a notice of such public hearing in substantially the
form attached hereto designated Exhibit "A" and hereby made a part hereof, the first publication
thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days
before the date of such public hearing.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
AMENDED BY RESOLUTION 588, JULY 27, 2004
#299
Moved by Justice Evans, seconded by Councilman Romanelli, it was
April 6, 2004 24
Southold Town Board
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Attorney to accept the sum of $629.46 in full settlement of the account of unpaid tipping fees for
Ocean Fisheries/Kent Valdez.
SUPERVISOR HORTON: ! want to point out that the role that the legal department has played in
bringing many of these unpaid tipping fees and other town violations to the Town Board. For many
years, ! feel these went ignored and Pat, you have done a good job in jump-starting the Legal
Department to address these issues. ! know the Town Clerk feels the same.
TOWN CLERK NEVILLE: Absolutely.
SUPERVISOR HORTON: You have done great work there. Thank you.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#300
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS the Town Board of the Town of Southold has received and reviewed
information and material regarding the replacement and reconstruction of an existing
asphalt shingle roof as well as the existing flat roof system at the Southold Town Hall,
now therefore, be it
RESOLVED that the Town Board of the Town of Southold, pursuant to the provisions
of the New York State Environmental Quality Review Act (SEQRA) Rules and
Regulations, hereby determines the replacement and reconstruction of an existing
asphalt shingle roof~ as well as the existing fiat roof system referred to above is
classified as a Type II Action and that no further review is required.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#301
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 budget as
follows:
General Fund Whole Town
To:
A. 1110.1.200.100
A. 1220.1.200.100
A. 1330.1.300.100
A. 1330.1.300.200
A. 1410.1.100.200
A. 1410.1.100.300
A. 1620.1.100.100
A. 1620.1.100.200
A.3020.1.100.200
A.3020.1.100.500
A.3120.1.100.100
A.3120.1.100.200
Justices, Part Time Regular 325
Supervisor, Part Time Regular 75
Tax Receiver, Seasonal Regular 4,675
Tax Receiver, Seasonal Overtime 50
Town Clerk, Full Time Overtime 5
Town Clerk, Full Time Vacation 55
Buildings/Grounds, Full Time Regular 9,500
Buildings/Grounds, Full Time Overtime 175
Public Safety Comm, Full Time Overtime 725
Public Safety Comm, Full Time Holiday 550
Police, Full Time Regular 17,775
Police, Full Time Overtime 14,500
April 6, 2004
Southold Town Board
25
A.3120.1.100.400
A.3120.1.200.100
A.3120.1.300.200
A.3130.1.100.100
A.3157.1.100.100
A.3157.1.100.300
A.3157.1.100.500
A.3610.1.200.100
A. 5010.1.100.100
A. 5010.1.100.200
A. 5010.1.200.100
A. 5182.1.100.200
A.6772.1.100.300
A.7180.1.300.200
A.7510.1.200.100
A.7520.1.200.200
A. 8090.1.100.200
From:
A. 1110.1.100.100
A. 1220.4.100.100
A. 1320.4.500.300
A. 1410.1.100.100
A. 1620.1.200.100
A. 1620.4.400.600
A.3020.1.100.100
A.3120.1.600.500
A.3130.1.100.200
A.3610.4.500.300
A. 5182.4.400.650
A.6772.1.100.200
A.7180.1.300.100
A.7510.1.300.100
A.7520.4.100.100
A. 8090.1.100.100
Police, Full Time Sick
Police, Part Time Regular
Police, Seasonal Overtime
Bay Constable, Full Time Regular
J.A.B., Regular Earnings
J.A.B., Vacation Earnings
J.A.B., Holiday Earnings
Examining Boards, Part Time Regular
Sup. Of Highways, Full Time Regular
Sup. Of Highways, Full Time Overtime
Sup. Of Highways, Part Time Regular
Street Lighting, Full Time Overtime
Aging Programs, Full Time Vacation
Beaches, Seasonal Overtime
Historian, Part Time Regular
Landmarks Pres, Part Time Overtime
Trustees, Full Time Overtime
Justices, Full Time Regular
Supervisor, Office Supplies
Independent Auditing & Accountants
Town Clerk, Full Time Regular
Buildings/Grounds, Part Time Regular
Buildings/Grounds, Equip. Repairs
Public Safety Comm, Full Time Regular
Police, Retirement Reserve
Bay Constable, Full Time Overtime
Examining Boards, CAC
Street Lighting, Vehicle Repairs
Aging Programs, Full Time Overtime
Beaches, Seasonal Regular
Historian, Seasonal Regular
Landmarks Pres, Office Supplies
Trustees, Full Time Regular
General Fund Part Town
To-'
B.1420.1.100.100
B.8010.1.100.200
B.8010.1.100.300
B.8020.1.100.200
From:
B.3620.1.100.100
B.8010.1.100.100
B.8020.1.100.100
Town Attorney, Full Time Regular
Zoning, Full Time Overtime
Zoning, Full Time Vacation
Planning, Full Time Overtime
Building, Full Time Regular
Zoning, Full Time Regular
Planning, Full Time Regular
Highway Fund Whole Town
To:
6,100
1,775
75
2,825
1,800
75
25O
175
1,175
75
25O
50
10
5
25
30
30
325
75
4,725
6O
175
9,500
1,275
42,350
2,825
175
1,550
10
5
25
30
30
1,575
10
25
3OO
1,575
35
3OO
April 6, 2004
Southold Town Board
26
DA. 5130.1.100.100
DA. 5130.1.100.200
DA. 5130.1.100.300
DA. 5142.1.100.100
DA.9030.8.000.000
From:
DA.9010.8.000.000
Machinery, Full Time Regular
Machinery, Full Time Overtime
Machinery, Full Time Vacation
Snow Removal, Full Time Regular
Social Security Benefits
NYS Retirement
Highway Fund Part Town
Wa-'
DB.5110.1.100.200
DB.5110.1.100.300
From:
DB.5110.1.100.100
General Repairs, Full Time Overtime
General Repairs, Full Time Vacation
General Repairs, Full Time Regular
Community Preservation Fund
Wa-'
H3.8710.1.100.200
H3.8710.1.200.100
From:
H3.8710.1.100.100
Solid Waste District
Wa-'
Appropriations
SR. 1490.1.100.100
SR. 8160.1.100.100
SR. 8160.1.100.300
SR. 8160.1.100.400
SR. 8160.1.100.500
SR.9030.8.000.000
To:
Revenues
SR. 5990.00
Land Preservation, Full Time Overtime
Land Preservation, Part Time Regular
Land Preservation, Full Time Regular
Administration, Full Time Regular
Refuse & Garbage, Full Time Regular
Refuse & Garbage, Full Time Vacation
Refuse & Garbage, Full Time Sick
Refuse & Garbage, Full Time Holiday
Social Security Benefits
Appropriated Fund Balance
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
8,700
200
5O
3,200
1,200
13,350
1,100
2OO
1,300
2O
100
120
425
17,900
200
100
20
300
18,945
Councilman Ross, Councilman Wickham,
#3O2
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Hartan to si;~n a final application (FY-2004) for Federal Assistance for the
proposed Apron and Taxiway Stub (Construction) project.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O3
Moved by Councilman Ross, seconded by Justice Evans, it was
April 6, 2004 27
Southold Town Board
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Community
Preservation Fund as follows:
From
Revenues:
H3.5990.00 Appropriated Fund Balance
Appropriations:
H3.8660.2.600.100 Land Acquisitions
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
$5000
$5000
Councilman Ross, Councilman Wickham,
#304
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED, that the Town Board of the Town of Southold hereby sets 5:00 p.m, May 4~ 2004 at
Southold Town Hall~ 53095 Main Road~ Southold~ New York~ for a public hearing on the
application requesting a waiver from the provisions of the Local Law entitled "Temporary
Moratorium on the Processing~ Review of~ and making Decisions on the applications for Maior
and Minor Subdivisions~ and Special Use Permits and Site Plans containing dwelling unit{s) in
the Town of Southold"~ and extensions thereof~ for the minor subdivision of Carolyn J. Doherty
for the parcel identified as SCTM# 1000-9-8-2 (The property is located on Fishers Island at Reservoir
Road).
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O5
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the revised agreement with Clearv Consulting dated
March 17, 2004 in regard to the Hamlet Revitalization Study.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O6
Moved by Councilman Romanelli, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Edward W. Harbes III.,
pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community
Preservation Fund) of the Code of the Town of Southold. Said property is identified as part of SCTM
#1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north
side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound
Avenue in Mattituck. The development rights easement comprises approximately 31+ acres of the
42.376 acre farm. The exact area of the development rights easement is subject to survey.
The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the
Town's Community Preservation Project Plan as property that should be preserved due to its
April 6, 2004 28
Southold Town Board
agricultural value. The Town may be eligible for a grant from the New York State Department of
Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from
that agency; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O7
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the position of Environmental Technician for the Southold Town Trustees
office.
SUPERVISOR HORTON: This is the second time that we have gone out soliciting resumes and
interest for this position.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#308
Moved by Councilman Ross, seconded by Justice Evans,
WHEREAS, the Southold Planning Board by resolution dated July 25, 1988, conditionally approved
the final plat entitled "RHR Realty Corp."; and
WHEREAS, said resolution had imposed certain conditions one of which required the posting of a
performance bond in the amount of $68,666.00 in connection with improvements to be completed in
the subject subdivision; and
WHEREAS, RHR Realty Corp. through Robert C. Rapp had posted International Fidelity Insurance
Company Bond No. 000834334-89 in the amount of $68,666.00 dated June 2, 1989; and
WHEREAS, the Town Board of the Town of Southold accepted the performance bond of RHR Realty
Corp. and Robert C. Rapp in a resolution dated August 29, 1989; and
WHEREAS, RHR Realty Corp. and Robert C. Rapp have failed and neglected to perform the required
site improvements at the "RHR Realty Corp." subdivision; and
WHEREAS, RHR Realty Corp. and Robert C. Rapp are in default concerning said subdivision.
now, therefore, be it hereby
RESOLVED, that the Town Board of the Town of Southold hereby declares RHR Realty Corp. and
Robert C. Rapp in default and calls upon RHR Realty Corp. and Robert C. Rapp to perform in
all respects, all road and drainage improvements in connection with the "RHR Realty Corp."
subdivision or reimburse the Town for the costs and damages which the Town may sustain by reason
April 6, 2004 29
Southold Town Board
of failure of default, and for any and all costs associated with corrective action the Town takes in the
interest of protecting the health, safety, and wellbeing of the community and its residents; and be it
further
RESOLVED, that the Town Attorney is hereby directed to present the performance bond to
International Fidelity Insurance Company for receipt of payment under the terms of said performance
bond hereunder; and be it further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution to
RHR Realty Corp. and Robert C. Rapp, Esq., 174 S. Collier Blvd., Marco Island, Florida 34145-4333;
Alan D. Grecco, Esq., 131 Route 25A, Rocky Point, New York 11778; the Planning Board;
International Fidelity Insurance Company and the Office of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O9
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Highway Fund
Whole Town budget as follows:
To:
DA. 5130.4.100.500 Machinery, C.E.
Parts & Supplies
DA. 5130.4.400.650 Machinery, C.E.
Maintenance & Repairs
DA. 5142.4.100.100 Snow Removal, C.E.
Miscellaneous Supplies
DA. 5142.4.100.525 Snow Removal, C.E.
Snow Fence
From:
DA. 5140.1.100.100 Brush&Weeds, P.S.
Regular Earnings
DA. 5140.4.100.600 Brush & Weeds, C.E.
Uniforms
DA. 5140.4.600.200 Brush & Weeds, C.E.
Meetings & Seminars
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
$ 700.00
500.00
300.00
4,700.00
$3,000.00
1,000.00
2,200.00
Councilman Ross, Councilman Wickham,
#310
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Mitchell Patern as a
part-time Student Intern in the Town Clerk's office, effective April 13, 2004, at a salary of $9.54
per hour.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
April 6, 2004 30
Southold Town Board
#311
Moved by Councilman Romanelli, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Phyllis Markopoulos to
the position of Senior Citizen Aide II at the Nutrition Center working 17 1/2 hours per week, at the
rate of$11.37 per hour, effective May 3, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#312
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the New York Cesspool Sewer and
Drain d/b/a Wind River Environmental for the removal, transportation and disposal of scavenger
waste from the Scavenger Waste Treatment Facility.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#313
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes William H. Gaffga to
the position of Maintenance Mechanic III at a salary of $21.5573 per hour, effective April 5, 2004.
SUPERVISOR HORTON: Another fine worker for the Town.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#314
Moved by Justice Evans, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Connie D. Bunch to
the full-time position of Senior Clerk Typist in the Building Department, at a salary of $35,981.09
per annum, effective April 15, 2004.
SUPERVISOR HORTON: Connie is well-deserved of this promotion.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#315
Moved by Councilman Wickham, seconded by Justice Evans,
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
ADOPTED APRIL 6, 2004, AMENDING SECTION 3 OF THE BOND
RESOLUTIONS ADOPTED NOVEMBER 25, 1997 AND MARCH 13,
2001, RESPECTIVELY.
April 6, 2004
Southold Town Board
31
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the
favorable vote of not less than two-thirds of all the members of said
Town Board), AS FOLLOWS:
Section 1. The Bond Resolutions of the Town of Southold, in the County of
Suffolk, New York, adopted by the Town Board on November 25, 1997 and March 13, 2001,
respectively, are hereby amended by adding to Section 3 of each Bond Resolution a new paragraph
designated as paragraph (d) and to read as follows:
(d) The proposed maturity of the serial bonds authorized pursuant to this Bond
Resolution will be in excess of five (5) years.
Section 2. This resolution shall take effect immediately.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#316
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Attorney's office to retain the services of The Pimlico Group for the printing and mass mailing of
the public hearing notice in relation to a proposed bond for the Solid Waste District.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#317
Moved by Councilman Edwards, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2004 budget as follows:
From:
Revenues:
A.2025.00
Appropriations:
A. 1620.2.500.875
Special Recreation Facilities
Park & Playground
Buildings & Grounds, Capital Outlay
FI Fitness Trail
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
$40,142.00
$40,142.00
Councilman Ross, Councilman Wickham,
#318
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and permits
the Southold Department of Public Works to assist the Suffolk County Parks Department
and the Suffolk County Soil & Water Conservation District on a Grassland Restoration
Project, as part of the Laurel Lake Preserve Project.
April 6, 2004 32
Southold Town Board
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#319
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to retain the services of Andrew Stype to perform an appraisal of the
Peconic School building located on Peconic Lane, Peconic, subject to the approval of the Town
Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#32O
Moved by Councilman Wickham, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to accept the proposal of Bronzino Engineering dated April 5, 2004
to perform a comprehensive structural evaluation of the Peconic School building for the sum of
$2,750.00, subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#321
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution V259
adopted at the March 26~ 2004 regular Town Board meeting.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#322
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution V279
adopted at the March 26~ 2004 regular Town Board meeting.
COUNCILMAN ROMANELLI: This resolution has to do with the Cutchogue Griffing Avenue
parking lot that the Town has been working on, ! believe that our Town Engineer Jamie Richter has
designed a flawed project, with a flawed opening that is going to cause a bottle neck coming on into
the Main Road into Griffing Avenue. ! want that on the record. ! also would like on the record that we
have a plan designed by a New York State engineer not our Town Engineer. A New York State
approved engineer. We have a plan that was presented that ! believe is going to be or was turned down
today. So for the record, the licensed engineer drawing was turned down and our own engineer's
drawing in my mind is flawed and it is going to cause long-term problems on Griffing Street and Main
Road.
SUPERVISOR HORTON: Any further discussion?
April 6, 2004 33
Southold Town Board
COUNCILMAN WICKHAM: I wasn't going to comment on it but since the comments have been
made, I feel I really must. If there is a problem of the access into Griffing Street, the Town Engineer
and others of us have pointed out several times that could always be modified. But the basic integrity
and the safety of the people who are using Griffing Street and parking on it in a diagonal fashion, just
has to be preserved. The people of Cutchogue and I, personally, feel very strongly that the safety of
those people and the people who park there will require retaining the essence of the original contract
and we should not change it.
SUPERVISOR HORTON: Okay. Is there any further discussion?
COUNCILMAN ROMANELLI: I guess any changes would be removing of concrete but we will take
that up in years to come.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans. No: Councilman Romanelli, Supervisor Horton.
This resolution was duly adopted.
#323
Moved by Councilman Ross, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby creates the position of Police
Captain and establishes a salary of $101~554.85 per annum.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#324
Moved by Justice Evans, seconded by Councilman Ross,
WHEREAS a hearing pursuant to Chapter 90 of the Town Code entitled "Unsafe Buildings" was held
on April 6, 2004 before the Town Board of the Town of Southold and testimony was received
regarding the property located at 11155 Main Road, Mattituck, known as the NorthFork Deli; and
WHEREAS notice of the hearing was given pursuant to Chapter 90-5 of the Town Code and was duly
served by registered mail to attorneys Murray Schneps (representing Raymond and Laurel Feerick),
and Scott Lockwood (representing Henry Bremer), notice was posted on the property, and additionally,
notice of hearing and the attached inspection report were personally served on the individual parties;
and
WHEREAS Michael Verity, Chief Building Inspector, testified that a fire occurred at the location in
November 2000, that he made an inspection of the building on January 16, 2004 and observed
extensive dilapidation and decay including holes in the walls and ceiling that had grown worse since an
earlier inspection, observed that extensive weathering had occurred, there was evidence of graffiti and
vandalism, there was evidence of rodent infestation, that garbage had piled up around the area, and that
the building was unsafe structurally and beyond repair. He observed no improvements or safety
measures made to the location. Further, the boards that had been used to cover the window and door
openings were loose and deteriorated to the point that they were coming off and could easily be
removed without tools; and
WHEREAS testimony was received from eyewitnesses Reverend George Summers, Dr. John Sawicki
and Gregory Alvino, either in person and by sworn statement, that their properties neighbor the deli
which has been in a state of neglect and disrepair. The testimony included observations of dumping at
the location, kids congregating in the area, graffiti, vandalism, holes in the exterior of the building,
plywood covering the windows has been damaged or worn away, and a person prying open boarded
April 6, 2004 34
Southold Town Board
windows of the building. Testimony included observations of cars, boats and furniture being sold on
the property, a hotdog truck in the parking lot, migrant workers loitering at the pay phone located in
the parking lot, a clothing drop in the parking lot with garbage and clothing littering the area. Further,
there has been no snow removal and no securing of the location; and
WHEREAS counsel for the tenant Henry Bremer represented that Mr. Bremer will purchase the
property by May 27, 2004, and that an application for a permit is currently pending in the Building
Department. To the contrary, Michael Verity testified that the original application had expired and that
no new application has been filed with the Building Department. Additionally, no communication has
been received by the Town evidencing an intent by the parties to make the building safe pending the
application process; and
WHEREAS Mr. And Mrs. Feerick were represented at the hearing by Murray Schneps, Esq., and Mr.
Bremer was present at the hearing and was represented by Scott Lockwood, Esq. No evidence was
presented by Raymond Feerick, Laurel Feerick, Henry Bremer, or their attorneys, nor was a request
made to extend the hearing for the purpose of presenting evidence on their behalf. Mr. Schneps
acknowledged that there had been no recent inspection of the building on behalf of the parties
involved; and
Now, therefore, be it
RESOLVED that the Town Board of the Town of Southold, having considered all of the evidence
presented, finds that the building located at 11155 Main Road~ Mattituck~ known as the North
Fork Deli~ is unsafe and dangerous in its current condition pursuant to Chapter 90 of the Town
Code~ and ORDERS the removal of the structure on or before June 1~ 2004, and upon the failure
to of the owner to comply with this order, the Town shall undertake to remove the structure and charge
the costs thereof against the property.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Moved by Justice Evans, seconded by Councilman Edwards, it was
RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hold a public
hearing on the matter of {1.)THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON
AGRICULTURAL LANDS OF HARBES MATTITUCK FARMS~ LLC~ SCTM #1000-112-1-7~
714 SOUND AVENUE~ MATTITUCK.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#325
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of a development rights easement on agricultural lands for a certain parcel of property owned
by Edward W. Harbes III, on the 6th day of April, 2004, pursuant to the provisions of Chapter 25
(Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at
which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-112-1-7 and 417 Sound Avenue,
Mattituck, New York, and is located on the north side of Sound Avenue approximately 2,174 feet west
of the intersection of Bergen Avenue and Sound Avenue in Mattituck; and
April 6, 2004 35
Southold Town Board
WHEREAS, the development rights easement comprises approximately 31+ acres of the 42.376 acre
farm. The exact area of the development rights easement is subject to the survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural value, and
WHEREAS, the property is adjacent to over 400 acres of active farmland parcels on which the
development rights have been purchased; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights on these agricultural lands; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development
rights easement on part of a certain parcel of property of agricultural lands owned by Harbes
Mattituck Farm~ LLC~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of
the Town of Southold. Said property is identified as part of SCTM #1000-112-1-7 and 714 Sound
Avenue~ Mattituck~ New York~ and is located on the north side of Sound Avenue approximately
2~174 feet west of the intersection of Bergen Avenue and Sound Avenue in Mattituck. The
development rights easement comprises approximately 31+ acres of the 42.376 acre farm. The exact
area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty
thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State
Department of Agriculture for partial purchase of this property and part of the purchase price may be
reimbursed from that agency.
SUPERVISOR HORTON: Ed and Monica, Mr. and Mrs. Harbes, you have been integral voices in our
preservation program as far as lending advice and your commitment to the program. It is appreciated
by the Town in a way that ! don't think or at least my humble vocabulary can't find the words for. But
! also want to say that the program and how you are proceeding with it and how you continue to grow
your agricultural operation is also beyond reproach and that is appreciated as well. So, congratulations
and look forward to continue working with you in the future.
COUNCILMAN EDWARDS: ! would like to add my thanks and congratulations, both as a resident of
Mattituck and as a friend of the Harbes and as a great fan of their farm stand. ! think it is a wonderful
thing and ! am really pleased to see it happen.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
SUPERVISOR HORTON: And Melissa, nice job with the map, again. Mr. Harbes?
ED HARBES: ! would like to thank the Town as well. ! think this is a win-win solution for both the
Town and ourselves and we thank you for your part in it.
SUPERVISOR HORTON: It is a pleasure. Thank you. I am always fascinated by the story of how
your farm stand or the particular direction that your farm took. The involvement of your children and !
admire their participation in the business. At this point, that concludes our resolution component of the
meeting. We do offer the floor to the public to address the Board on town related issues. Kathy.
April 6, 2004 36
Southold Town Board
KATHY TOLE: Good evening, Kathy Tole, Greenport. ! just have a few questions. What is the
Town's bond rating?
SUPERVISOR HORTON: Our bond rating? We are double A.
MS. TOLE: Do you have a usual offering agent for Town bonds?
SUPERVISOR HORTON: No. Our, well, we work through bond counsel and then when those
documents are complete, we go through our comptroller, John Cushman-goes out to the market. And
generally our bonds are, the market, municipals security market is particularly this day and age since
we have had this sluggish economy, the municipal securities market has grown rather large and most
large corporate firms aren't interested in our bonds, so most of our bonds are done through local banks.
We find we are getting our best rates there.
MS. TOLE: Good. Another question. The preliminary agenda was not on the website today. ! called
and inquired about it and there was nobody to offer an answer.
SUPERVISOR HORTON: Well, if you called today, it was because we were all in here, so it wasn't
on the.., did you see it on Friday?
MS. TOLE: Pardon?
SUPERVISOR HORTON: Did you check on Friday or Saturday?
MS. TOLE: ! checked several times today and it wasn't on.
SUPERVISOR HORTON: Well, we will address that because we had it out in time. We will make
sure that we do a better job with that.
MS. TOLE: You are planning on promoting to the position of captain in the Police Department and of
course, that brings other people up, it depletes the bottom rank of police officer. Is there an intention
to hire to fill that spot kind of at the same time? The summer is coming.
SUPERVISOR HORTON: The overall net impact on the department is that the, we will, let's say this,
we have got one, we have got a cadet in the academy and the graduation day is April 16, so we have
got somebody coming on the force.
MS. TOLE: Terrific.
SUPERVISOR HORTON: We have also got money in the budget in for two, three more police
officers and that conversation will come to the Board shortly.
MS. TOLE: Great. That is terrific planning. Kind of to throw back to some discussion earlier this
evening, there was an exchange about the SEQRA on this new ag bill and all. ! just want to add a sort
of different or add my perspective to it. SEQRA has, the State environmental law has strict
requirements and ! would like to ask that we kind of be a little proactive and perhaps go beyond just
April 6, 2004 37
Southold Town Board
the SEQRA requirements. And that we look at this as possibly not just, alright, we are going to have a
negative dec or something but that we go out proactively and consider having an environmentalist, an
independent environmentalist not connected to the industry or to the Town, to look at the law and the
impact. ! do think it is a good idea. ! think it puts ammunition in your hands as well as whether
everybody else's hands and helps make an educated decision and ! don't think it is something that you
need to fall back on only what is required by the SEQRA law. But as something that is going to
obviously going to have some impact on some level and maybe we should know exactly what the level
of that impact is. So ! would like to add my opinion that that is particularly a good idea. The other
cause of concern that ! have kind of also agrees with what Melanie said. The impression is that the
Agricultural Advisory Committee, the Business Alliance and several other groups with very specific
interests or connections, even the Preservation Board-each member has its roots in different places,
they all have input well in advance on the bills. And there is a feeling amongst people such as myself
who have an interest in government that there isn't advance input, you are not hearing a different
perspective in a formal way during the formulation of these bills. And coming here, as you know, on a
night when we have got that half of the room filled with some people and this half filled with some the
other people and at some point, people start talking at each other; it is not the time to give positive
input into the formulation of the bill. And quite honestly, there is an appearance that your minds were
already made up by then and that it is pro forma. So while public hearings do have a benefit, perhaps
there can be a way, you have found a way to include a Business Advisor group within town
government, perhaps there is a way while you are formulating these to go out beyond the people with
particular interest but to go out with people who have voted overwhelmingly for the preservation fund
and have an interest in a concept of that and some other things. So ! don't want to belabor the point
but ! do think there is an opportunity here to bring people into a real participation in the future as
opposed to having us all kind of shout at each other on the night of the hearing, okay? Thank you.
SUPERVISOR HORTON: Thank you, Kathy. Mr. Carlin.
MR. CARL1N: Ladies and gentlemen of the Board. Southold Town watchdog. Josh, ! have a
problem, every time ! want to come to a Town Board meeting, my staff, they give me all kinds of
issues and ! have to sort through them, see which ones have priority. So ! had to pick a few tonight.
But ! got to stop that, it is too much, they are handing me too many issues. Not right.
SUPERVISOR HORTON: My staff does that, too. ! am going to talk with them.
MR. CARL1N: About, oh, does the Town still have the cops program, that the government supplies
police officers from, COPS, community oriented policing?
SUPERVISOR HORTON: Yes.
MR. CARL1N: You still have that?
SUPERVISOR HORTON: The program still exists. The funding is a source of discussion, ! believe
on the floor of the house, as we speak.
MR. CARL1N: So you do get some benefit from that?
April 6, 2004 38
Southold Town Board
SUPERVISOR HORTON: We are not sure at this point.
MR. CARL1N: ! know in 2000 there were 5 allotted to Southold Town, that ! think the Police
department used two and they had three. ! don't know what happened after that. Do you still have
some of that coming in now, too?
SUPERVISOR HORTON: Yes. We have the ability to access some of those funds.
MR. CARL1N: Good. So that should help you then, help you pay for some of these upgrades,
replacement, upgrades in the police department, right?
SUPERVISOR HORTON: Yes.
MR. CARL1N: Help towards funding, right Josh?
SUPERVISOR HORTON: Yes.
MR. CARL1N: Okay, fine. Very good, Josh. About five months ago, ! had some information that
J.C. Penney's was going to sell Eckardt's but ! didn't say anything because ! didn't know to who. But
since then ! found out from the Wall Street Journal and from the Newsday, they are selling Eckardt's
to CVS and the deal is pretty close of being completed. Now, ! don't have to be, or you don't have to
be on this Board a rocket scientist to know what ! am going to say next. If that is the case, which it
probably will be, that Eckardt's becomes CVS in that Mattituck shopping center, why should we
sacrifice the bowling alley for? When they could just as well take over Eckardt's which would become
CVS? Does that make any sense to give up the only one bowling alley that we have here on the North
Fork? No one that perhaps and it will go through, it is close, going through now, that Eckardt's will
become CVS and CVS could move in there as well.
SUPERVISOR HORTON: ! don't profess to know the corporate strategy of CVS and their acquisition
of Eckardt's but the Town isn't selling the bowling alley. The owner of the bowling alley is selling the
bowling alley. It is not something ! particularly care for, in fact, it is something ! am sad about.
MR. CARL1N: He might not be selling it, Josh but your (inaudible) know if CVS goes into the
bowling alley, don't you?
SUPERVISOR HORTON: The property is zoned for specific uses and those uses are of right to
who...
MR. CARL1N: But you have the Planning Board working on it now, you have the Architectural
Review Board working on it now, right?
SUPERVISOR HORTON: The Town Board does not have those people working on it. Those
agencies are involved at this point because the...
MR. CARL1N: Studying them.
April 6, 2004 39
Southold Town Board
SUPERVISOR HORTON: No. Because...
MR. CARL1N: Well, the paper must have it wrong.
SUPERVISOR HORTON: No, because the owner of the bowling alley is conducting a private
transaction, selling that property to CVS. CVS has made an application.
MR. CARL1N: What is the big fuss then, about giving up the bowling alley in the town? What is the
big fuss?
SUPERVISOR HORTON: The big fuss and the sad thing about it is that CVS bought the bowling
alley.
COUNCILMAN EDWARDS: And CVS did not buy the Eckardt's in the northeast.
SUPERVISOR HORTON: Right.
MR. CARL1N: No, wait a minute now.
SUPERVISOR HORTON: CVS purchased, ! don't know if it is a division or a regional ....
MR. CARL1N: As far as I know, Eckardt sold all 2400 stores to CVS, including Canada. Now, I
understand it was changed. That another company bought some of these stores, that ! understand that.
Okay. But are they going to buy or take over the one in Mattituck?
COUNCILMAN EDWARDS: All the CVS stores in the north and in the east were purchased by a
company named Coto, of Canada and the only Eckardt stores that were bought by CVS were in the
south and in the west.
MR. CARLIN: Okay.
COUNCILMAN EDWARDS: That was announced yesterday or the day before yesterday.
SUPERVISOR HORTON: Two days ago.
MR. CARL1N: Okay, so if that company takes over Eckardt and they move in where Eckardt is now,
and CVS went to move in were the bowling alley, what do you need two super drugstores in the village
of Mattituck? You know? You don't. This town can't support two big, super drugstores in this town.
So, let's think about that, very carefully. ! have got some questions here. Josh, when the town, when
you sell a house in this Town, do you have to acquire a CO before you can sell it? A certificate of
occupancy before you can sell it?
COUNCILMAN ROMANELLI: No. Only if the bank requires it for mortgage.
MR. CARL1N: Only the bank.
April 6, 2004 40
Southold Town Board
SUPERVISOR HORTON: If the bank requires that as part of their financing agreement.
MR. CARL1N: The town doesn't get involved, though. The town inspection department don't get
involved?
SUPERVISOR HORTON: Not in the sale of private property.
MR. CARL1N: ! don't have time for the story. ! have to tell you that story, though. So in other
words, only the banks, which ! knew, the banks get involved with CO' s? Require a CO. Not the town.
So you won't need a CO from the town for the Whitaker House, right? If it is taken on by the bank,
they will have to have a CO done. Well, the bank does a CO on it, right? They hire someone to do it?
SUPERVISOR HORTON: The CO is issued by the Building Department. And if the transaction
requires a CO, that CO will have been generated at some time point in time by the Building
Department.
MR. CARL1N: ! just asked you, though, does the town, you said that the bank requires a CO.
SUPERVISOR HORTON: No, what we said ....
MR. CARL1N: Now you are bringing in the Building Department again.
SUPERVISOR HORTON: No, Frank, we are not.
MR. CARL1N: Maybe ! am getting confused. Come on.
SUPERVISOR HORTON: What we said is, if ! buy a house from you, the town does not require me
to get a CO from you for that house. Where the requirement may come in is from the financing
arrangement. The bank may say, we are not going to finance your house unless we see a CO.
MR. CARL1N: Right.
SUPERVISOR HORTON: ! think it is a fairly legitimate position on the bank.
COUNCILMAN ROMANELLI: So if he is buying it for cash, he may not need a CO and no one gets
involved.
MR. CARL1N: What ! am saying is, if the bank requires a CO, who will perform that CO?
COUNCILMAN ROMANELLI: The Building Department.
SUPERVISOR HORTON: The Building Department.
MR. CARL1N: Of the town?
SUPERVISOR HORTON: Yes.
April 6, 2004 41
Southold Town Board
MR. CARL1N: So then the town uses their standards to determine if the house is sellable?
SUPERVISOR HORTON: Yes, that is correct. No, not sellable. If that structure, if that building has
met all the requirements set forth in the permit...
MR. CARL1N: I mean livable. For safety and livability. Town requirements. I can't help, I got to
explain this story to you. I got other things, I want to go through two more short things here I got to
have answers for. Does the Town have a handyman program for the seniors in this town?
SUPERVISOR HORTON: Yes.
MR. CARL1N: You do. Very good. Do all the seniors know about it? Has anything been put in the
paper? If they have a leaky faucet, they can call a phone number?
SUPERVISOR HORTON: Actually, it has been advertised several times in the newspaper and word
of mouth has actually carried the efficacy of that program town wide.
MR. CARL1N: 9744. Very good. Sponsored by Suffolk County. You only have to pay for the
materials, repairs are done free. Very good. Boy, I tell you. Here is one that throws me. Riverhead
just received 800 smoke detectors, sponsored and funded by the State for people to install in their
houses free and will be helped putting them in by the volunteer fire department in Riverhead. If
Riverhead can do that, why can't Southold do the same thing, for the seniors?
SUPERVISOR HORTON: It sounds like a good program. I will look into that.
MR. CARL1N: You should look into it.
SUPERVISOR HORTON: Alright, we will look into that.
MR. CARL1N: Because they seem to get a lot of things, like a good example, last year Southampton
got 64 street lights donated from LIPA. I mean there is stuff out there, if you know how to get it, you
can get the stuff. Now, the story I am going to tell you. We know that the Cutchogue old house was
built in 1649. It was moved to Cutchogue between 1660 and 1662, built by John Budd. We know that
the Whitaker House was built in 1815. Now, and the old Cutchogue house is the oldest house in New
York State. Now, can anybody have any idea what they think is the second oldest house in Southold
Town could be, in this town, not the state?
SUPERVISOR HORTON: Yes, it is the Greenport on the corner of Sterling Place and Main Street,
adjacent to the Greek Church.
MR. CARL1N: When was it built?
SUPERVISOR HORTON: The Hanf house. That is correct. It was built in the early 1700's. George
Washington reportedly spent the night there.
April 6, 2004 42
Southold Town Board
MR. CARL1N: Okay. Then it is going to have competition in the house that is right across the street
from me. That house was built between 1690 and 1710. Believe it or not. Doesn't look like it because
it has updated shingles and tar roof but let me tell you the story when Harold Avent was going to sell
that house. And that house is over 300 years old. It has no cellar in it. That was two years ago. The
building inspector came down, came in the house which Hal, first mistake he made, letting them in the
house because nobody, he would never came in my house. Nobody is allowed in anybody's house
unless they have their permission. Under Constitutional rights, Fourth amendment, you only enter
somebody's house from an order signed by a court for a search warrant or possible cause. That is the
only time you have to let somebody in the house. But anyway, he let them in the house and he walked
around, Hal was going to sell his house, by the way, he looked around-'! don't like where the fire
detector is, you should move it' ! am not going to mention the inspector's name. You don't like where
that is, ! don't like were that is. So then he goes and it was a little cellar, it was not a big cellar in those
days, it was a little hole, like a trap door, hole. And he goes down and he can't see the beams and he is
looking around and ! can't see this beam if it is rotten or termites and stuff, so Hal says 'what do you
want me to do?' ! don't know. So he seen some stuff, so Hal said, 'okay, ! will tell you what I'll do,
I'll see what ! can fix that up' so he goes and gets a carpenter and repairs it and fixes up and he brings
him back and no. Now, this is starting to go on for weeks, weeks, weeks and weeks. Hal has got a
lawyer already. He can't sell the house, he got a lawyer. And he is going on and on so Hal says, oh,
boy ! got it made, he is going to come back now and ! repaired that and everything should be alright.
He comes in down there and looks and says, '! still can't see everything'. So Hal says, what do you
want me to do again? He says 'Either jack the house up or trench under it'. Now, isn't that ridiculous?
An old house. Three hundred years old. That was before you come on the Board. John Romanelli
remembers it, ! think, because he was here when they had meetings here. You remember it, John,
when Brian Murphy and Jean Cochran, you had a meeting here one day at the Board meeting here with
Harold and those trying to decide how to come to a decision on that and nobody would give on it.
COUNCILMAN ROMANELLI: Yes, I do.
MR. CARL1N: So how, you know what I am talking about, absolutely you know what I am talking
about. And this is what happened and the only way he could sell that house is, ! believe he had to go
to a certified contractor to write a letter saying the house was livable and he finally sold the house after
6 months and that is why ! ask you, do you need CO's for houses? And ! come to the Board meeting
that night and ! said to the attorney, Mr. Yakaboski about it and he said, well you shouldn't need any
CO, anything below 1954. Well, ! could wonder, how come you need it way back then? But anyway,
that is what this man had to go through and ! am telling you, he never forgot it. He moved to Arizona,
beautiful house, new house and everything, $800 taxes but that is what he went through. See what !
mean by when you mention that a building inspector goes in to represent the bank for a inspection like,
when they get involved, ! start to wonder what is going to happen. But that was ridiculous. That was
before your time but John knows it. John knows the story. Well anyway, let's see what else. Oh,
Whitaker House, you are trying to sell that, right?
SUPERVISOR HORTON: We took offers until I believe yesterday.
MR. CARL1N: That house is in bad shape.
SUPERVISOR HORTON: I take it you are not making an offer.
April 6, 2004 43
Southold Town Board
MR. CARL1N: That house is in bad shape. In 2000 it was inspected by the Town Board when they
bought it for Town Hall and it was, right in 2000 I could show you right here in the paper that the
repairs on that house was over $265,000. Just repairs. Not for putting it into the Town Hall, would
have been $500,000. That is why I ask you again, do you need any kind of a CO? Because if you need
a CO for Harold's house, why shouldn't you need one for that one?
SUPERVISOR HORTON: We have all of the proper documentation to sell that house.
MR. CARL1N: Maybe I said more than what I should have said.
SUPERVISOR HORTON: Not necessarily. Offers are in.
MR. CARL1N: I see Don there. Well anyway, oh, that is about all. Oh, one more thing. Oh, you
must notify the hardware store in Mattituck. They still haven't got the message about selling yellow
bags one at a time. They still want to sell in groups of threes. I called the other day and I ask him
about the price of some small bags and I says, if I want to buy one bag can I still buy it? He said all
the time we can sell one bag is if the bag is broken. So would you go straighten them out? I thought
they was supposed to be notified on that. And another thing is, I went and called up the disposal plant
and I wanted to get the price of how much the large yellow bag was, I got the answer from the woman
on the phone, she said we can't give that information, you have to fill out a Freedom of Information
form.
SUPERVISOR HORTON: Are you kidding me? Did she know it was you?
MR. CARL1N: That is true. Hey, that is true, Josh. I am not lying.
SUPERVISOR HORTON: She said that to you? That is not funny, I mean we all have a sense of
humor but that...this is unacceptable.
MR. CARL1N: I couldn't believe it. I got it my own way. But one more thing. The new leaf bags,
they are made out of paper and they claim, the Supervisor claims that they last in the weather from
three to four weeks outside. Now, they are paper, they are not made of plastic. I know that when the
Town has pick-up, they start usually in one end, like in Orient Point or they will start in Laurel and
sometime (inaudible) and I am not knocking the Highway Superintendent. Sometimes it takes more
than a month or a month and a half to complete, now if you are going to tell me that these bags are
going to sit out there over a month, loaded with leaves over a month or more with all this kind of rain
soaking on them and they are not going to fall apart, I hope I am wrong but let's see what happens
because they are going to deteriorate. They are paper and already can say that they are going to last
three to four weeks but let's see what happens when they sit out there and they sit out there a lot more
than four weeks sometime, I see some bags going out to the east end still laying on the side of the road
to be picked up. But let' s see what happens, I hope I am wrong, but let' s just see what happens.
COUNCILMAN ROMANELLI: That is sort of the approach we are taking, too.
MR. CARL1N: What?
April 6, 2004 44
Southold Town Board
COUNCILMAN ROMANELLI: That is the approach, I think, we are taking, too. See what happens.
MR. CARL1N: Keep your fingers crossed.
COUNCILMAN ROMANELLI: We have got to see. You don't know if you don't try.
MR. CARL1N: But those are the things that should have been researched before, you had time to do
this. But anyway, thank you for everything, ladies and gentlemen of the Board. Today is my birthday,
thank you.
SUPERVISOR HORTON: Happy Birthday, Mr. Carlin. (Everyone sang 'Happy Birthday' to Mr.
Carlin) Mr. Wagner.
DON WAGNER: Good evening, I am Don Wagner, Route 48, Southold. I attended the meeting held
here on March 25, with the Long Island Sound Waterborne Transportation plan and I was personally
very disappointed. The only one who made any comment that would help the Town of Southold was
our own Supervisor, Josh Horton.
SUPERVISOR HORTON: There wasn't room for anybody else.
MR. WAGNER: He recommended that a ferry be established from the south fork, maybe somewhere
in the East Hampton town up to Connecticut, to relieve our traffic here. Unfortunately, State
Assemblyman Fred Thiele was dead against it and that killed anything in East Hampton and we
already know that our own State Senator LaValle is against giving us any relief here in the Town of
Southold on transportation because he favors the other half of his district, where he lives, in
Brookhaven. This would be the one spot that would really give us some relief both Southold and
Riverhead on travel here, by running a ferry out of the north end of the William Floyd Parkway there
and that was designed by that for a ferry or a bridge, by the late Robert Moses. Now and also, we
know that the Town of Riverhead, in Northville, strongly against any ferry out of there. So really,
nobody is helping the Town of Southold here on transportation and we are going to have some fun here
within two months, particular on Route 48, with heavy traffic on weekends. I am urging the Board
again now, you have heard me say this before, to do something and don't just sit here and wait and see
what happens. You all have a responsibility to the citizens of this Town and I don't think, I haven't
heard anything coming forth. I have previously made several suggestions, one of them was to possibly
increase the charge on the ferry for non-residents on Shelter Island. And this, I understand, our Suffolk
County legislator Caracciola is at a meeting on that today, to determine whether they are going to raise
those rates or not. This would hopefully retard the people who use the Staten Island ferries to get to
the Orient ferry from the Hampton's and the Hampton's don't want anything to do with the Town of
Southold. One other suggestion is to reduce, would you believe reduce, the amount of parking at
Orient Point for the ferries. In other words, make it harder for these people who are doing it because
our roads here, in fact Route 48 right now east of Boisseau, which was just re-paved, but the part that
was re-paved three years ago has potholes three feet long, right now. Anyone who has ridden on it.
And this is sad. I have made two calls to the Suffolk County Highway Department and pretty soon I
am going to have to write Levy a letter and ask him what the heck is going on. Because they are not
fixing the road. But we have one thing that we can do and I was glad to hear you say you are looking
April 6, 2004 45
Southold Town Board
for a few other patrolmen in the police department because we can reduce the speed limit on Route 48
substantially and enforce it. This will discourage the traffic, which is getting unbearable.
SUPERVISOR HORTON: Mr. Wagner, your point about the enforcement is a good one and that is
the intention this summer to really focus on the speed issues, town wide, with increased traffic. But I
just want to make a point about the speed limit of Route 48 and 25 is that the town has put forward a
request, those speed limits aren't within our jurisdiction. I just want to put that on the record, that the
county would have to change that speed limit, in conjunction with the state and the speed limit has
been requested to be lowered in portions of the road and those requests have been denied thus far.
MR. WAGNER: Well, you will reduce and you have done it every year for the last 10 years that I am
familiar, on Route 48, again east of Boisseau, they reduce the speed limit from 50 to 40. Who
authorized that?
SUPERVISOR HORTON: The county.
MR. WAGNER: The county did? Well, then I urge you on the Board to write the county, get in touch
with Caracciola, our own representative on the Legislature or write to Levy.
SUPERVISOR HORTON: The other avenue the Board is looking at ....
MR. WAGNER: But please don't sit here and do nothing, is what I am saying.
SUPERVISOR HORTON: .... we are, exactly, the Board today took up a discussion that was
supported by Supervisor Williams of Shelter Island and Supervisor Cardinale of Riverhead and that is
to take a thorough look at East Hampton' s law because there is very strong reason to believe that on its
face it is a law that won't stand up in court, and that is something that we are researching right now, we
are pursuing that avenue.
MR. WAGNER: But that is only a smaller part of the problem, the big problem ....
SUPERVISOR HORTON: That would be an enormous step in the right direction if we could have
their law overturned in court and that would allow for the establishment of car ferry service, rightfully
so, to the south fork because it has been shown in studies and in market reports that between 30 and 40
percent of the traffic coming from Connecticut is bound for the south fork, specifically the eastern
portion of the south fork. So the Town Board has taken a very firm stand in regard to East Hampton's
recalcitrance as it pertains to ferry service.
MR. WAGNER: Okay, thank you.
SUPERVISOR HORTON: Thank you and thank you for being at that meeting last week. Are there
other comments from the floor? Ms. Norden.
MS. NORDEN: I wonder if you could tell me what the planned agenda is for the meeting on the 14th,
regarding affordable housing and the annexation question?
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Southold Town Board
SUPERVISOR HORTON: ! haven't seen an agenda. The topic for discussion is for the Town Board
to hear what the Village Board is proposing.
MS. NORDEN: Again, with respect to forward reaching planning and visionary futures for all of our
communities, as you probably know, many people are very confused about the issues, which actually
hark back to the Revolutionary War in terms of no annexation without representation. We are all real
concerned about all of the information that is very, very unclear in terms of what this really represents.
Will there be an opportunity for the public to participate, or at least air some of the concerns on the
14th?
SUPERVISOR HORTON: That hasn't actually been, ! haven't given that a thought at this point
because ! was envisioning a work session type setting were the Village Board would present their ideas
to the Town Board.
MS. NORDEN: Part of the problem has been that, as you know, the august Mayor Kapell has been on
the stump pretty much for the last few weeks. He has spoken at Rotary Club meetings and the
Chamber of Commerce and a variety of other public places and there really has not been an
opportunity for any public information, any airing of public concerns in any forum or any possible
discussion and before we go further and before we present these ideas as fait accompli's to the
business community...
SUPERVISOR HORTON: Nothing is being presented as a fait accompli...
MS. NORDEN: Well, ! have attended the meetings...
SUPERVISOR HORTON: Because the Town hasn't seen it.
MS. NORDEN: ! understand that but ! have attended the meetings and ! can say that they have been
presented as something that might actually be very close to being done deals. Nevertheless, ! think
that it, it is time, Josh, ! have been at the meetings. ! am not saying the Town did this, ! am saying the
Mayor' s presentation.
SUPERVISOR HORTON: But ! guess my point is that there is no such thing as a done deal.
MS. NORDEN: Gotcha. ! have heard that many, many times before but the point that ! am making is
that it is really, really important that we provide now at the beginning of this discussion when we are
talking about something again which will have a massive impact on the Village of Greenport and the
north fork that we think about finding a way to include and expand the dialogue so that the public gets
some opportunity to participate. ! would really encourage you to allow public participation, at least
with respect to your own advocation, in terms of how your taxpayers feel about this on the meeting of
the 14th or, if for whatever reasons that does not seem appropriate, ! would like to suggest that we set
up a forum, either formal or informal, it doesn't have to be a public hearing, but perhaps we set up a
separate forum on the affordable housing question and particularly on this annexation "plan". ! think it
is critical for the future, many people in communities all through Greenport and Southold are meeting
on this issue in homes, on Sunday afternoon and Saturday and ! think most people are feeling very
frustrated as legitimate taxpayers, that there is no opportunity even yet; although much of this
April 6, 2004 47
Southold Town Board
information has been in the press, has been covered by the press, Mayor Kapell has made lots of public
presentations. There has been no opportunity in either a formal or in an informal setting for the public
to have any input whatsoever. Since this really is an issue for all residents for the Town of Southold,
has to do with taxes and has to do certainly will have an incredible impact on the Village, we really
need to find a forum for the public and not make this just a matter of public hearing over time. As
Kathy mentioned earlier, this would be a very important, proactive way in which we could begin to
deal with this problem. Otherwise, you are just going to run into like we have very often on
development questions, you are going to run into heads butting at meetings, the dialogue is going to be,
it is already escalating in the Village of Greenport and ! think it would be great if we could find just
some way to have a planning process or a visionary process that is inclusive of the community, rather
than exclusive of it.
SUPERVISOR HORTON: That, your point is well made. ! agree with largely what you are saying.
MS. NORDEN: So, would you think about it? And figure out a way that we might, whether it is a
Sunday afternoon at a high school or whatever it could be.
SUPERVISOR HORTON: Absolutely.
MS. NORDEN: There is a lot of people in Greenport and in Southold and all of these communities,
that really are very concerned about the overall affordable housing issue but particularly concerned
about a plan that would increase the population of Greenport three-fold.
SUPERVISOR HORTON: ! can assure you that this whatever, regardless of the issue, that the sense
of the Board is that public participation as far as again, we haven't seen the proposal from the Village,
so you, it sounds to me like you have attended more meetings then ! have about it because the only
meeting ! have attended was just here at the work session with just the Town Board.
MS. NORDEN: Right. ! am just saying that there have been several public meetings in which the
Mayor has made public comments to various aspects of the community, which ! think are actually
premature.
SUPERVISOR HORTON: To answer your question, is that the Town Board, if the proposal-whatever
form that might take, were to move forward, if the Town Board were to agree to that; there would
obviously be the need for public participation.
MS. NORDEN: Well, Mayor Kapell makes it clear that there may be need for public participation
perhaps but there is no public vote on this. And ! don't even know that we have looked and examined
the law but in his public presentations he has said that unless property that is going to be annexed is
actually populated by houses and or residents, no one else will have an opportunity in any significant
way to address the law. So ! think it would be particularly important for our Town Attorney to begin
to, or someone to begin, to research just what the ....
SUPERVISOR HORTON: ! will answer those questions. We have had that research done. The, if
there were, just make it faceless communities, nameless communities. Community A wants to annex,
Village A wants to annex property from Town B. If that land is vacant, that is, ! believe that is correct.
April 6, 2004 48
Southold Town Board
That is not a requirement for a public referendum. If the property that is proposed for annexation is
populated, it does require, it requires a public referendum but to get it to become a public referendum,
it requires a circulation of petitions that would have to come from the residents in that area, basically a
grassroots movement to say 'we want to be annexed from here to here' and if the proper percentage of
names from that populated area is on the petition and the petition is deemed good, for lack of better
words, at that point, both municipalities would have to vote on that petition as to whether to even
accept the petitions and then if it is voted on and those petitions are accepted, they then have to get set
to, the issue then has to be set to a public referendum. So it is much more...
MS. NORDEN: I understand. I just want you to know that Mayor Kapell has not presented the
information in that fashion. He has basically indicated pretty much what you said early on but then has
gone on to say that the only people that will really have input on the annexation will be people who are
in that immediate area, if that area is in fact, if the area that is going to be annexed is in fact populated.
It is not a matter of the people asking for the annexation, he has presented it as the opposite, that
people might in fact be opposed or might vote on the annexation. But in any case, ! think that this is an
issue that really is a town wide issue.
SUPERVISOR HORTON: What I will say, Melanie, is, and again, we haven't seen a proposal, so we
haven't seen a request for vacant land or populated land and ! can say, my mother is on the Village
Board and ! haven't seen or heard, you know what ! mean?
MS. NORDEN: Right.
SUPERVISOR HORTON: So even if ! go and say, 'come on, Gail, what are you guys looking for?'
you know? What is the idea? The idea hasn't been spelled out. So this meeting coming up is for the
Village Board to basically say to the Town Board what their proposal is.
MS. NORDEN: ! understand, ! do understand that. ! am just suggesting that ....
SUPERVISOR HORTON: Then if the Town Board decides to move forward with it, there would
obviously be a series of, a public format like this.
MS. NORDEN: Right. I just think that that mechanism is extremely important because there is
already a lot of concern, misinformation, and a number of people who are just very taken aback by
what has been presented thus far. So before we end up polarizing the whole community, which we
have been able to do unfortunately quite well on other issues when there hasn't been the opportunity
for public input, why don't we try to jump the gun on this and craft a mechanism for that and put from
the get-go. Thank you.
SUPERVISOR HORTON: Thank you. Your points are well made. Are there other comments from
the floor? Mr. Booth.
ED BOOTH: Members of the Town Board, thank you for listening, Ed Booth, I live on Soundview
Avenue. The thing ! am concerned with is this, remember the DGEIS? Some of you have read it,
about 10 according to the checkout list in the library of the common populace came in and read it. My
name appears twice, so ! read some of it. the thing is, that a lot of work went into that, a lot of money
April 6, 2004 49
Southold Town Board
was spent on it and it has got some good facts in it. I wish that we, you folks, could find a little extra
and put into it what should have been done in the first place, namely some ideas about or prophecies of
the future, if you like, that do not only rely on a worse case analysis. Which that was. 331, I believe,
was the table, which showed this is what is going to happen when the big build out comes. It ignored
all possible conservation mechanisms. It said, this is what happens if we take no action and no action
meant no more conservation, nothing would be done except development. Now if we could just revise
that and go back to it, spend another month maybe of one of the data crunchers around here and the
map makers and come up with the postscript which says, ok, if we had the sort of conservation that is
going on, here is what will happen. A couple of scenarios that will allow people to plan for the future
a little bit better than using that document as it now stands. I believe the, I think LIPA uses it. I
needed to know because I am on the library trustees and you know, we say, should we expand, what is
the future here? And I was interested in what the future population would be, so I went to the DGEIS
and I looked at it and I realized that the only thing that we had here was the worse case analysis. Well,
I can look at that and myself make some guesses about a maximum or a minimum build out
population, not including, I am sorry to say, the affordable housing. That is kind of a wild card. But
aside from that, I think you can make a pretty good predication of where we are going to be going in
the next 20 years or so if you just update that document. Thank you.
SUPERVISOR HORTON: Thank you. Mrs. Egan.
MS. EGAN: Number one, we had the issue of the Peconic barn last time, for that Town Hall meeting
and I don't think they have fulfilled what they said they would do, I think they were supposed to have
an ambulance and the entrance there tarp is very bad, so I think that should be brought to their control
and I will ask again and try to write it down so that I don't have to bother anyone at Town Hall. Who
is working on the noise resolution? Is anyone?
SUPERVISOR HORTON: No.
MS. EGAN: Will anyone be working on it? We do need one, we really do, with the summer coming.
SUPERVISOR HORTON: Right. The Code Committee would be the appropriate body. Whether or
not they are working on that at this point, I don't think that they are?
MS. EGAN: And who is in charge of the Code Committee?
SUPERVISOR HORTON: That would be Councilman Ross and Councilman Wickham.
MS. EGAN: So that is Ross and Wickham. And you will get working on it, Mr. Wickham? Mr.
Ross?
SUPERVISOR HORTON: Would you like us to put restrictions on beeping car horns?
MS. EGAN: Pardon?
SUPERVISOR HORTON: Would you like us to put car horn restrictions on that?
April 6, 2004 50
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MS. EGAN: Absolutely. Except mine.
SUPERVISOR HORTON: Okay.
MS. EGAN: Now, number three. Has anything been done about the voice mail for the Assessors
office?
SUPERVISOR HORTON: What is the issue with the Assessors' office?
MS. EGAN: They don't have voice mail. This was reviewed several times.
SUPERVISOR HORTON: ! think they do, if you call the...
MS. EGAN: ! haven't checked it. ! don't know.
SUPERVISOR HORTON: If you call the individual assessors and they are not able to answer the
phone, you do get a voice mail.
MS. EGAN: Oh, then it was put into effect?
SUPERVISOR HORTON: Yes.
MS. EGAN: You are sure?
SUPERVISOR HORTON: Yes.
MS. EGAN: Good. Wonderful. Now, ! had also, you know one of the reasons ! was opposed to the
roof, which ! made myself obvious with, ! felt that that money maybe could be spent for us to get
another Code Enforcer, which we need. You will have the smoking, you will have the liquor stores
being open on Sunday and of course, if we do get the noise control, our police officers we don't have
enough to do those things so you need another Code Enforcer. So maybe we will work on that, too. !
like to keep you boys busy over the holidays. That is what you get paid for. Now, oh, is anybody
working on the resolution that no town Supervisor run for more than two terms successively. ! bet Mr.
Romanelli would like to tackle that one.
COUNCILMAN ROMANELLI: Not at all.
MS. EGAN: Not at all? Well, ! will keep after you until you do. Okay? Now the Whitaker bids were
sealed, when will the public be aware of who finally got the Whitaker House?
SUPERVISOR HORTON: Once we have a signed contract.
MS. EGAN: Oh, it is sealed, it is private, privileged until ....
SUPERVISOR HORTON: That is correct. Until we have a signed contract.
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Southold Town Board
MS. EGAN: .... the persons whose bid you feel you are going to accept has signed the contract. And
what happens if they don't sign the contract? Then it is down the line...
SUPERVISOR HORTON: The Board would have to reconsider the other bids.
MS. EGAN: Well, again, I hope you all have nice holiday. I see you got your Easter haircut, Mr.
Ross. Good for you.
SUPERVISOR HORTON: Thanks Mrs. Egan.
KATE SEPENOSKI: Hello, Kate Sepenoski, East Marion. My husbands family has been farming for
many generations and the comments about the amount of agricultural structures you can put on your
land I think is prejudiced because my children, I hope, will be able to come back here and live and
work in this community, I am not sure if they will be farmers, but if they so chose, if they needed that
extra land to put a greenhouse up to produce the seedlings in order to put in the field, we are not sure
what the weather patterns are going to be, we are not sure if we are going to have an E1 Nino or
whatever might affect us here. Last year, we didn't get our corn in until the third week of July. If we
needed to use a green house year round in order to produce lettuce or something that we could sell as
well as potatoes, why shouldn't we be allowed to sell our products year round in order to make the
revenue we need to stay in this Town to keep producing for this Town and feeding it, not only this
community, which we supply many restaurants and many families but we also supply grocery stores up
the Island. We are trucking things out of here and have for generations. The use of pesticides and
fertilizers and those types of things that you have an issue about on greenhouses, whether it is in the
greenhouse or whether it is in the field, they are exorbitantly priced. We would not purchase these and
put them in these, either situation, unless we absolutely had to, to maintain our crop. So to say that we
would probably abuse that if we had a greenhouse year round, I think is unfounded. And I would like
to hope that my children and their children who will stay here in this community, could drink the water
based on what I am putting on the ground, what my husband is putting on the ground, what other
farmers are doing with their land and maybe the issue should be looked at not just what farmers are
doing on their land but maybe homeowners. How many times a year can Chem-Lawn come in and
fertilize their two acre piece of property, or golf courses-how many times can they apply stuff to keep
the grass green. I mean, we are becoming a playground for the rich, the homes are getting bigger and
people want, you know, their sprinkler system on for their grass and the use of the water. We needed
some water last year for some of our vegetables and we were told, sorry, we don't have any extra water
for you from the Suffolk County Water because somebody needed to run their sprinklers a little longer
on their grass. So, there are many issues regarding what a farm stand can have, how long they can be
open and how much greenhouse, which I am sorry if it is not the prettiest greenhouse, it is what I could
afford to put up, maybe. You know, your determination on that and the whole issue of SEQRA and
how you determine what is going to happen with the length of time is you utilize all of your 20% build
able land for greenhouses, you know, if the population is bigger and you need to use that whole 20%, it
is possible. You are going to need it if you are going to have a bigger population here and a bigger
population to feed. So, not only what are you going to do, how much is it going to affect the water but
okay, if we needed it because we are going to become a bigger community, how are you going to take
care of the water system if we did have that still in place? How are we going to protect the water,
because I can see that it probably going to be used? And I hope it is still kept in place that we could
use the full amount of our build able land on our farm. Thank you.
April 6, 2004 52
Southold Town Board
SUPERVISOR HORTON: Thanks, Kate. Are there other comments from the floor, issues regarding
Town Board business? Yes, ma'am.
MARION FALERTO: Marion Falerto, Southold. ! was wondering if there were any plans in place,
long range plans, for the town not renting space to operate in, is there any possibility that they were
considering having Town Hall offices and everything owned by the town and not constantly always
renting space. Hopefully the town is going to be here for a very long time and it seems a little
expensive to always be renting locations as opposed to having a place of our own. Thank you.
SUPERVISOR HORTON: Thank you. Are there other comments from the public? (No response).
Moved by Supervisor Horton, seconded by Councilman Ross, it was
RESOLVED that the Town Board meeting be and hereby is declared adjourned at 6:50 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Board