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HomeMy WebLinkAboutTB-08/02/2005 ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING August 2, 2005 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 2, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present John M. Romanelli Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Joshua Y. Horton Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patrica A. Finnegan Town of Southold Town Attorney Present I. REPORTS Subject Details 1. Recreation Department Monthly Report June 2005 2. Juvenile Aid Bureau June 2005 3. Island Group Claim Lag Report July 2004 - June 2005 II. PUBLIC NOTICES None III. COMMUNICATIONS None IV. FOR DISCUSSION Subject Details 1. Proposed Local Law Amendment Historic Preservation of Historic Landmarks Landmarks Page 1 August 2, 2005 Town of Southold Board Meeting 2. Goldsmith Inlet Modeling Project 9:30 am - Jamie Richter, Engineer and NYSDOS 3. Proposed Local Law Hamlet Density Uses within the Hamlet Density Residential District 4. Planning Matters Misc. Planning Matters per Councilman Wickham 5. Acceptance of R.O.W./Roads From Suffolk per Dan Ross County 6. Proposed Local Law Boats & Recreational Storage and Parking of Boats & Recreational Vehicles Vehicles Opening Statements SUPERVISOR HORTON: What I am going to do prior to moving on into the resolutions, I am going to actually open the floor for discussion on the matters before us, as it pertains to Cross Sound Ferry, since that is what the overwhelming majority of the people who came out tonight are here for. That being said, I will start with a brief explanation and I will call on you first, Ms. Tole, to address the Board. On Tuesday I was notified, last Tuesday, a week ago today, I was notified by Captain Flatley that the Governor dispatched a National Guard unit to the Cross Sound Ferry terminal to work in conjunction with the Southold Town Police Department to effect a security plan resulting from heightened level of security that has been set forth by both, I believe, the federal and state governments. The part of that security process entails conducting checks in conjunction with the police department and the National Guard, checks on commercial vehicles and random checks on passenger vehicles. I went out, I believe the National Guard was in place on Thursday, and Thursday afternoon I went out to the site to review the plan that was in place and there was an item that was a glaring concern to me. A concern that I addressed by the action that I took. And I am glad that so many members of the community are here so that I can put forth this explanation of this scenario that is before us, that is at hand. The commercial vehicles that are being checked by the Guard and the police department were being checked in the staging area where cars park prior to proceeding on to the ferry. And my concern was that if, for whatever reason the Governor dispatched the National Guard unit is not for me to say, but if the concern is that there is a possibility of danger relating to any vehicle or particularly commercial vehicles that are proceeding across the ferry, I wanted to make sure that those vehicles were being checked in the safest fashion possible. I didn’t feel that it was safe or the best, the most efficient process to conduct that operation by having those vehicles parked all together, in close proximity to each other with hundreds of passengers and hundreds of other passenger vehicles. I gave the directive to have those checks take place out on the road. There was an impediment to that. That was not possible because of the lingering issue that we are all familiar with and that is, parking along both sides of State Route 25 at Orient Point. With that being said, in order to properly, what I viewed was the right way to carry out this operation, was to suspend parking on that road and open up the field, the vacant field that is owned by the ferry company to the east. And I took that action, knowing that it would not be a popular decision, knowing that it would keep me here for a long time tonight and it was not a decision that I was excited about making. It was a decision that I made trying to best carry out a very difficult situation in a difficult time. With that being said, this is temporary, it is for the short term. I am working with National Guard officials and officials from the police department on an alternative plan, if this is a process that is going to continue on. I have arranged, actually, to have a one star general meet with me out at the site on Friday, he is coming in, I don’t quite know where he is landing but he is flying in by helicopter, in an effort to have him, this person, review the security situation and advise me on, you know, are there better ways to handle it and is this level of Page 2 August 2, 2005 Town of Southold Board Meeting security adequate, inadequate, you know, or does it need to be rearranged, do things need to be done differently? So that is the, how we got to this point, it was in my best words, making the best out of a very difficult situation. Understanding that it wouldn’t be popular. So I open the floor if anybody would care to address the Board on that and Cathy, I did indicate that you would be the first to speak. CATHY TOLE: I usually don’t have prepared remarks and I hope that you will be patient with me, I am not used to reading from documents. But I have prepared remarks because I wanted to be as succinct as possible and to make sure I covered the points that I considered to be important without covering points that other people will address that I also consider important. SUPERVISOR HORTON: Are you going to turn those in or should I…. MS. TOLE: Yes. I told Betty I would give them to her. So please be patient, I don’t necessarily read that well. SUPERVISOR HORTON: You do well at public speaking. MS. TOLE: My name is Cathy Tole, and I live in Greenport. First and foremost, I am a retired Nassau County Police Department Detective Lieutenant. I say that for two reasons, first, I want it completely understood that I am concerned about national security and I will support all legal and reasonable efforts to guarantee it, as all of the people in this room will. Second, I fully support and respect the professionalism of the Southold Police Department. I am speaking about political actions that I think are misguided and have erred to the detriment of the citizens, the th police, and the public safety. By way of background, pursuant to the July 7 London bombings, but with no specific threat, a nationwide maritime security level 2, which is known as a MARSEC 2, was declared by the United States Coast Guard. This security level is approximately equivalent to what we know as the orange Homeland Security Advisory level. We have all experienced that many times in recent years. Under the MARSEC 2 declaration, operators such as Cross Sound ferry are required to and I want to stress this, increase security in their facilities and on their vessels. According to the office of the captain of the port of New York, who you know is the highest ranking Coast Guard official who is responsible for our geographic area, which is Sandy Hook to Albany to the east end, and also according to the head of security for the Port Authority of New York and New Jersey, MARSEC 2 is specifically directed at terminal facilities and vessels only. More specifically, there is no authority for action under this directive outside of that area. I was referred to these people by the United State Department of Homeland Security. Based on that and on the information contained in Title 33 of the CFR, which is the code of federal regulations, I suggest that the operation that is taking place on Route 25 is not appropriate nor legal. Let me say that again, an offsite roadblock is not authorized, required, expected nor necessary under any security guidelines presently in effect. It is also interesting to note that when you return on this same boat, with the same captain, you do not have to pass a roadblock of any kind, that you are doing what is expected of them on the queuing lines on the ferry property in Connecticut, increasing a security presence. Now I want to address the tactical plan of this Route 25 location. By setting up roadblocks on the only egress from the ferry terminal, as well as the residences and the recreational sites east of this Page 3 August 2, 2005 Town of Southold Board Meeting checkpoint, any incident that occurs at that site will obstruct traffic entering or leaving the area (by that site, I mean the roadblock site). Furthermore, it establishes rather than eliminates a bottleneck for emergency vehicles responding to a security or other incident. I am well trained in tactical planning, I have a lot of experience in critical incidents. You do not create a bottleneck. In other terminals, additional security is being done in the queuing area. This procedure would be the most efficient in the Cross Sound ferry situation. In fact, possibly suspect commercial vehicles are isolated as part of their normal queuing operations, which would leave them conveniently ready for inspection. They isolate trucks from passenger vehicles. It is the procedure being used from Washington state to Delaware and everywhere else. And I know, because we have called, I think six different ferry locations throughout the country. Next I want to discuss the unlawful mandates that employees of the Cross Sound Ferry and the town police department attribute to you, the Town Supervisor. And this causes me tremendous concern. Under the laws of New York State, none of which have been amended by any applicable national security situation, only a police officer, as defined by New York State law, is permitted to stop people in public and make inquiry as to their identity and intentions. On two occasions, once on st Sunday July 31 and again today, after a press conference was held out front here, I went to the town’s check point and I was stopped and asked where I was going. I was stopped by an employee of the Cross Sound Ferry. He had a Southold Town traffic officer with him at the checkpoint. On the second occasion I refused to answer their questions and asked them upon what authority were they stopping me and asking me questions. Both individuals told me that Supervisor Horton gave them the authority and the plastic stop sign in the road could not legally be passed by me. Woops. Two wrong answers. SUPERVISOR HORTON: I can assure you…. MS. TOLE: I don’t mean to take this lightly…. SUPERVISOR HORTON: Well, I can also assure you, Cathy, that I did not speak to any ferry employee or any traffic control officer and if there is a miscommunication that has taken place, that will be corrected by the time I leave or shortly after I leave this meeting. MS. TOLE: Supervisor Horton, as you know, does not have the authority to grant police powers to anyone not granted them by the State of New York. SUPERVISOR HORTON: And I have not. MS. TOLE: And the State Police have confirmed that. SUPERVISOR HORTON: And I am aware of that. I simply have not done that. MS. TOLE: Okay. Your communication is abominable in this matter then, Josh. Because they repeated it. And let me continue. As I would hope you know, it is not legal unless it is passed by a rather lengthy legislative act. Furthermore, the Town cannot pass such an act for a state road, meaning the stop sign. So these earnest young people and by the way, the kid that stopped me today couldn’t have stopped me today couldn’t have been more than 17, I am getting older Page 4 August 2, 2005 Town of Southold Board Meeting but I think I am close, have been told by someone that they have legal authority which they do not have. They have been put into a dangerous position and one for which they are probably incurring a substantial liability risk. By the way, when the traffic officer retrieved a Southold Town police officer, I answered all of his questions and followed all of his directions. Since we are discussing tactical issues, it should also be noted that the traffic officer had not been issued a radio, he had to walk over and find the officer, nor body armor. Even though he is conducting an activity, a vehicle stop, which is the most dangerous activity that any police officer engages in, the police officer that came over to the site confirmed that Supervisor Horton authorized all of the activities being conducted at that location. I empathize with these people who are of very good conscience, they are working under a burden of bad decisions by a leader. Supervisor Horton, if you were truly a professional police commissioner instead of political resume whatever administrative police commissioner, you would never, ever put your officers, your employees or civilians in this position. Or for that matter, the people on the other side of them in this position, where they are being confronted in this way. Bottom line is that bad actions, bad company planning, bad political decisions are resulting in abusing the gentle land that abuts the CSF terminal. There are alternatives that are better, legal and far more appropriate that have not been chosen. Therefore, I am of the opinion that it is reasonable to be suspicious of the reasons for engaging in these actions. I ask you to change the procedures and stop these actions. If every Supervisor in every town in this country bent the law this little bit in the name of homeland security, we would indeed be living in a very, very frightening country. Under the CFR, there is a requirement that Cross Sound Ferry have plans developed under their various security levels. Did you review the plans that they had or do we know if they had the plans? SUPERVISOR HORTON: To the best of my knowledge, their plans are for ship board operation. MS. TOLE: Okay. SUPERVISOR HORTON: And while I myself have not reviewed them, it has been confirmed by the Coast Guard that they do exist and I believe the Coast Guard are actually riding the boats randomly. MS. TOLE: I tend to believe that’s probably true because that is what is required by MARSEC 2, you know, by the rules, by the regulations and they would not seek to be more extravagant because it only creates a burden for them. Therefore, I suspect that the expansion beyond that was decisions made by you and others. SUPERVISOR HORTON: By me. MS. TOLE: But ultimately your responsibility. So, Josh, what I ask is unlike Washington D.C. politicians that we all listen to everyday. I am going to ask you reflect on these decisions, reflect on what is going out there, admit that somewhere perhaps in good conscience, an error was made and that we revert back to an appropriate activity out at Cross Sound Ferry. We remove those cars that shouldn’t be where they are, that we remove the road block that has no right to be there and that we don’t put these citizens and officers in a position of jeopardy unnecessarily. Thank Page 5 August 2, 2005 Town of Southold Board Meeting you very much. SUPERVISOR HORTON: Thank you, Cathy. And Cathy, Cathy, you coming from the law enforcement community means a great deal to me and your input on this matter means a great deal to me. I, too, have come from a, my much more limited, but a background in law enforcement and tactical command in dealing with difficult issues of this nature. And I know that you know what you are talking about, I appreciate that. I will reflect on your comments, I will read them thoroughly. If there are communication breakdowns at the site currently, they will be corrected by first thing in the morning. And that is not set up to be a road block by which to turn people around and if there are questions being asked by a traffic control officer, it is to advise people as to what is coming on down the pike and I will make sure that Chief Cochran and Captain Flatley address that promptly. Thank you for bringing that to my attention. Who else would care to address the Board? Yes, Ms. Schroeder. GWYNNE SCHROEDER: Hi, Gwynne Schroeder, North Fork Environmental Council and I want to thank you for amending the agenda. And there are folks here tonight from North Fork Environmental Council, the Orient Association and Southold Citizens for Safe Roads, as well as many folks in the community that responded to an insert that we put in the paper. So folks from those groups will be talking later. Right now I am just speaking of NFEC and we are acknowledging that there are true safety concerns at the Orient Point ferry site but we call on the Board to immediately cease parking on those two residential lots. The cars that have been, those overflow cars have been parking on Route 25 illegally for years and we really feel that Cross Sound Ferry has grown and they haven’t been able to manage their own growth and that they are the ones that are putting folks at risk. And they should be held accountable. The Town has no obligation to facilitate their operation if we are in a state of emergency. There have been several logical, sane, viable suggestions made to ease the parking problem out there. One, they could take parking reservations; two, they could have an off-site hub to transport people but the one that seems to make the most sense right now is when their parking lot is full, to turn the overflow traffic back west and that seems to make the most sense right now. The Town had to take the ferry company to court to get them to do a site plan. They waited three years, their site plan expired. Two weeks later, they came to the Town for a zone change to park on those lots. SUPERVISOR HORTON: And the Town Board rejected that application. MS. SCHROEDER: You said you wouldn’t consider it at that time. Since that time, their site plan, their extension for that site plan compliance has expired. The Town is like the little boy that cried wolf. You have to take action and just stop them. They are just not going, I mean, a suggestion was made today at the work session that you all sit down with the DOT and homeland security and kind of come up with a long term plan but their history hasn’t shown that they are willing to do this. They just take advantage and take advantage and it just has to end. Because the citizens of Southold are the ones that are suffering. So I hope that you will really, honestly consider the alternatives to the overflow parking on those parcels. Thank you. SUPERVISOR HORTON: Thank you. Page 6 August 2, 2005 Town of Southold Board Meeting FREDDIE WACHSBERGER: Hi, I am Freddie Wachsberger, vice president of Southold Citizens for Safe Roads. I want to make it clear that there are two reasons that we are here tonight. First, we are here to present the petitions that were signed by more than 1,000 Southold residents after Cross Sound Ferry applied for a zone change on their residential property. We want to enter into the record the outrage that citizens have felt about the unchecked expansion of Cross Sound Ferry and the traffic it generates and to demand that no operations by the ferry be permitted on the residentially zoned property it owns at Orient Point. I want to point out that this huge response of over 1,000 people was to one flyer in one paper. It required cutting it out, getting an envelope and stamp; I think it shows a good deal of intention on the part of these people. The people of Southold are fed up with the traffic and with the Town’s government unwillingness to control this Connecticut company, which is destroying our environment and our quality of life. I have been involved in this issue for about 20 years and have spent a lot of my time on it, so you will understand if I am a little exasperated. The reason we are here to present these tonight rather than at another time, is that you, Josh, have used the Homeland Security Maritime Alert, MARSEC 2, which calls for inspections in terminals and on ships, not on public roads, as an excuse to shift the ferry’s overflow illegal parking on to the residential lots, even as the Cross Sound Ferry has an application for a variance on those lots before the Zoning Board of Appeals. We are here tonight to demand that this practice be ended immediately. The security alert, which we do not for a moment belittle, actually provides an opportunity to set an important precedent. It is an opportunity to tell the ferry that parking on Route 25, which is always dangerous, must end and that reservations must be required for parking. It is an opportunity to tell the ferry that they must turn back cars that they cannot accommodate on site. It is an opportunity to tell them that the danger is exacerbated by the fact that they bring too many boats into a site that can’t handle them. It is an opportunity to take them to court to ask them to cease and desist from operations until them come in with a new site plan, as even the extension they were given expired yesterday without their compliance. Instead, you have used the opportunity to set a precedent for their further expansion into additional property. The residential zoning of which should have protected the people of Southold. There is no question that the overflow parking must stop. Even the approved parking is way over the SEQRA threshold, which should have required a full public environmental review of the entire site. But the surge of cars at precisely that place on the road is entirely arbitrary. And the use of ferry personnel to conduct searches is outrageous and probably illegal. We demand that the use of the residential property be halted immediately and that Cross Sound Ferry be directed to present a new site plan for approval to cease operations until they have done so. The fact that they allow the site plan to expire without compliance also gives you an opportunity and a very important one and I urge that you, the government of Southold Town, have the courage to take advantage of it. Thank you. SUPERVISOR HORTON: Thank you. Freddie, I want to let you know that last night, today is Tuesday, correct? Yeah, last night the Planning Board did reject their site plan non-compliance. And the Town Board appreciates that and is supportive of that. I also want to make it clear that within the last couple of months that this Town Board has taken the step of putting in place legislation that enables the Town Board to deal with non-compliance site plans directly through the Town Code enforcement and through town processes as opposed to the arduous and often slanted Article 78 process. That was this Town Board that did that. Because we foresaw the Page 7 August 2, 2005 Town of Southold Board Meeting ferry company not complying with their site plan and in advance of that, the Town Board put in place legislation that enables the town to deal directly with the ferry company in the event of non-compliance and I think the Town Board takes that very seriously and so, just to your point, Freddie…excuse me, it was last night that the Planning Board did that, I am sure the Town Board will, Melanie, after conferencing with the Planning Board. So just to your point, Freddie, the Town Board having the courage to deal with it. I think the Town Board has taken some very clear steps in regard to putting a resolution in place requesting no parking from the state and also requesting to work with the state to find an alternative parking site for passenger traffic. The Town Board has been very clear on that and perhaps could act more aggressively but I think the Town Board, I think it is a very difficult issue that they are grappling with. I think oftentimes the Town Board feels like they are shadow boxing because you don’t get response from the state, you don’t get response from the ferry company, you don’t get response from the county to bring the players together and try to come up with an alternative and the state has clearly and I have had this discussion with you, Mr. Gustavson, we have shared similar stories that the state has made it very clear that they are not going to put up no parking signs until there is another plan in place, they refuse to do it and that has been to the chagrin of the Town Board, because we asked to do it with or without an alternative plan and I think that the Town Board stands behind that and I also think it was important that the Town Board did reject the change of zone applications. Those, I just want to make it clear while we are all in this room together discussing a very tense and difficult situation that those are some significant steps that the Board has taken, largely at the advice of the Planning Board over the past four or five months. Thank you for your, and thanks for turning that petition in. Mr. Angell. Is it Angell or Angelson? Angell. TED ANGELL: Mr. Supervisor, members of the Board, ladies and gentlemen. Good evening. My name is Ted Angell, I am the president of Southold Citizens for Safe Roads. Freddie Wachsberger, who just spoke, is the vice president. Even though she is exasperated, she is eloquent. She said pretty much what needed to be said. Along with Gwynne Schroeder and the North Fork Environmental Council, Miss Anne Hopkins of the Orient Association, who could not be here tonight, asked me to comment or to express her comment, which is very, very brief. It is only a sentence and then I would like to proceed with some of my remarks. Miss Hopkins of the Orient Association said, ‘We are not protesting the security measures put in place by the town at the request of Homeland Security. We are protesting the use of these meaures as an excuse to permit parking in the field for which Cross Sound Ferry has not been granted a zoning variance.’ The states refusal to put up no parking signs on 25 is not our problem. It is not the Town’s problem. It is the ferry’s problem. They are too big for their shoes and they shouldn’t be spilling over onto the quality of life that we expect because this is the last vestige. Once Southold Town is gone and people are driving by and saying ‘are we still in Selden?’, you may as well forget it. Everything will be gone and once you lose it, you don’t get it back. What I would like to do and it is very brief, is repeat the statement that I made at the press conference earlier today with just an observation prior to that. Because I am kind of an old-fashioned guy and there was a time in this country when public trust was considered sacred and people in authority who didn’t respect or who violated that public trust were called traitors. There have been some changes, a lot of them, and as we open the newspaper, turn on television news, there is another public official in handcuffs on his way to the slammer because he violated the public trust. There is a lot of it, it is given just a quick brush because unfortunately the cynicism has Page 8 August 2, 2005 Town of Southold Board Meeting grown to a point where nobody really cares and in today’s society it seems you are only as good as your last sale. That being said, I want to add something else about Ms. Wachsberger being exasperated and being eloquent, she is also polite. I, on the other hand, have never won any kind of award for subtlety. I have been in the military and I have been around the block a few times and I usually tell it the way I see it and at least nobody walks away saying, ‘I wonder what he meant by that?’ My statement today from the media and we did get coverage on WLNG radio, we did have additional coverage’s that we can expect, and this is simply what I said. ‘Southold Citizens for Safe Roads, North Fork Environmental Council and the Orient Association are here today at Southold Town Hall to protest the decision by the Town administration this past Friday that we believe is an outrage committed against the citizens of the Town of Southold. It appears that our Supervisor, as his term is ending without prospect of re-election, is using the National Security Alert as an excuse to allow illegal parking of almost 500 cars for ferry customers on residential property at Orient Point. This is a use that the Town Board refused to even consider just a short time ago, when the ferry company was looking for a zone change to accommodate their fast ferry casino customers. Illegal parking on a two lane road that has been forever ignored by the Town has nothing to do with national security. It is pure fakery to claim that those same illegally parked cars should now be parked on residential property between two public parks, in order to get them off the roadway and to help prevent terrorist activity at the end of our town road, who is kidding who? The Southold Citizens for Safe Roads are considering a court action against the town for allowing this latest insult to the residents of Southold and expect that other organizations will join us in that action, should it become necessary. The Supervisor was elected to represent the best interests of the taxpayers of this town and not the interests of an out of state business that continues to generate a traffic nightmare, without any regard for the folks who live here and whose taxes are paying the freight. This stack of paper that I am holding, consists of over 1,000 individual signed petitions, sent to us by the taxpayers of the town, who are fed up with the ferry traffic that continues to increase and choke our roadways and who are fed up with politicians who prefer to tap dance to the tune of campaign contributions or who simply don’t care. We intend to present these petitions this evening at this regular session and to put council people on notice that they will be held strictly accountable for their actions on this matter. If this commentary, if this statement was somewhat abrasive, I do apologize. I think it is necessary to say what has to be said and the cars that go to Orient Point and are currently being parked on residential property, those are convenience vehicles. They are not necessary to be there. People can be dropped off somewhere else and they can find their way to the ferry. The convenience of ferry customers has nothing to do with national security, it has nothing to do with our quality of life as we expect it. And so I join with others in urging you to put an end to this ferry gimmick and that is what it is because the ferry has a history of being devious in its quest for more business and we are just asking that you do what you were elected to do because the people that are paying the freight are entitled to a fair shake. Thank you. SUPERVISOR HORTON: Would anybody else care to address the Board on this matter? I said, would anybody else care to address the Board on this matter? And I see that Mr. Schwartz is here. BENJA SCHWARTZ: My name is Benja Schwartz, I am from Cutchogue. I am not going to go into a long story about who I am but I do have some background in the law and I believe in Page 9 August 2, 2005 Town of Southold Board Meeting this case the cart is being put before the horse. Instead of, from my understanding of the law, Southold Town should be protecting itself against terrorism and the National Guard and New York State will help Southold Town. Apparently, we are just following their lead and I expect more from my town Supervisor. I am unaware of any declaration that was made of any Southold Town emergency. If there is no emergency that has been declared procedurally in Southold Town, I didn’t receive any notice of anything, I didn’t see anything anywhere, then all of the actions that you took out at the ferry are beyond your power. I don’t know much, you know, I live in Cutchogue but it has been pretty obvious to me at least, that you have been looking for anyway you can to help the Cross Sound Ferry for many, many months now, if not years. And that this recent action of yours is really taking advantage of the terrorist actions and honestly, it makes me sick. This is not the only affecting the people in Orient, the people in East Marion, it is not the first time I believe this Supervisor has used his power and I don’t think it will be the last. I have never felt so bad for Southold Town in all the years I have been coming to these meetings and talked, talking, I have never felt that Southold Town, that we had such a disappointment for a Supervisor. It was always my understanding that the Supervisor’s position was a full-time job. In looking through the, researching to prepare myself to come to this meeting, I learned that the Supervisor has been working for several months now for, he said he was going to be working for 30 hours a week for the North Star Media Network…. SUPERVISOR HORTON: Mr. Schwartz. MR. SCHWARTZ: …well, you can’t… SUPERVISOR HORTON: Mr. Schwartz? MR. SCHWARTZ: Yes, I have a few minutes left and I will be finished. You can’t be working….anything you do as Supervisor, this is relevant to. SUPERVISOR HORTON: And I appreciate….Mr. Schwartz? MR. SCHWARTZ: Yes? SUPERVISOR HORTON: I am committing my job full-time to the Town of Southold until st December 31. MR. SCHWARTZ: What does full-time mean? Can you work another job and be working this one full-time? SUPERVISOR HORTON: Mr. Schwartz? I am probably the first Supervisor, perhaps Supervisor Cochran was the first, to not have another job in addition to being Supervisor. I am running the Town, I am doing my job full-time. MR. SCHWARTZ: In, okay. Let me just say…. SUPERVISOR HORTON: And I opened up this portion of the meeting to address the ferry Page 10 August 2, 2005 Town of Southold Board Meeting matters. And other disappointments you may have on me, please reserve for the rest of the meeting. MR. SCHWARTZ: Alright, let me finish then. If you will give me a minute and I will finish and you can get on with your meeting. In my book, working 30 hours in another job means you are not working full-time in a salaried position. It is not an hourly position, the Supervisor of Southold Town. Getting back a little bit to the ferry, Cross Sound Ferry advertises that you can park at their New London terminal for a fee and if you come too late, you won’t get a spot. They have limited parking, it is $10 a day. They also advertise in Orient Point, you can have all the parking you want for free. That doesn’t seem right. I am just going to ask the question, Josh, you are working for North Star Media Network, which is connected intimately with Lieblein Associates, what ties do they have, what contributions have they received from Cross Sound Ferry? SUPERVISOR HORTON: That is, that is a, I am a gentleman, Mr. Schwartz, and I can tell you that my wife, who is home on maternity leave, has no tie to Cross Sound Ferry through her company Lieblein Associates or the company she owns North Star Media Network. Zero. Never has and I am sure, never will. Would anybody else care to address this matter? Yes, please. ANNE MURRAY: I am Anne Murray from East Marion and this may or may not be ferry related but I thought I would bring it up now. Resolution 485, it says ferry. I want to know what it means. Real quick. To find out if it is related. Lease agreement, supplemental to an agreement in 2003 between the State of Connecticut, Southold and the Fishers Island Ferry District. SUPERVISOR HORTON: That is the Fishers Island Ferry District. MS. MURRAY: Nothing to do with Cross Sound? SUPERVISOR HORTON: No. MS. MURRAY: Super. SUPERVISOR HORTON: Indeed. Thank you. NANCY SAWASTYNOWICZ: Good evening, Town Board and everybody that is here. I am Nancy Sawastynowicz. I have lived in East Marion for 11 years now. It is a hassle, the ferry is a hassle. I have to wait and be passed on the right by these people that are in a rush. On Friday, I worked in Orient, you used to rent from Dr. Schlager, well, I work there. You know what it was like, one after another, non-stop. Every half an hour. I pull out, I got a break, I got on the Main Road, I am going home in front of Orient School 30 miles per hour school district, I look in my mirror, there is a blue Volvo Massachusetts plates, on the right in a school zone passing the car behind me. I wish I had I truck, I would have rammed her. I am a terrorist. She passes me. That is what they make you feel like. So, she passes two cars in a row. I took her license, I Page 11 August 2, 2005 Town of Southold Board Meeting called the police. He said, maybe we will get her on the way back. Well, I hope they did because they are, up there standing there I made a report, they had the number and this woman had a small child in a car seat and gave me the bird. Now that is rude. That happens all the time, it happens on the causeway all the time; they pass on the right. This is dangerous. Friday there was another accident. I am going to Greenport, there is a car on its roof, two cars smashed into it. You couldn’t get around it. What is going to happen with more ferry traffic? It is disgusting. Every half an hour, 1,000 cars to our little town. It is really a problem. It has been a problem as long as they have been there. We have to stop it. We have to say no. It is illegal what they are doing on that residential zone, it is a crime. Enough is enough. Just say no to these people. Let’s charge them. They are giving money over in Connecticut. Let the people at the Orient terminal charge and then make reservations and leave us alone. I am sick of all these people. It is disgusting. Thank you. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board on this matter? Yes, sir. DICK LESLIE: Good evening, my name is Dick Leslie, I am from Orient. I have a couple of, just one really basic question in regard to the ferry. If our concern is security and I certainly think that it is everyone’s concern, our national security; why aren’t we putting pressure on our federal officials to re-route the ferry outside of Plum Gut and through the Race? It would seem to me, humble citizen that I am, that running major ferry’s through a narrow, that could be loaded with explosives, next to a federal facility that is no longer part of the USDA and were research is going on with a variety of biological agents that we know of, that there should be no ferry traffic permitted through the Gut and this is a federal matter and I think that our Board should be putting the pressure on our United States Senators and on our Congressmen and with the Department of Homeland Security and the United States Coast Guard to re-route the ferry out of the Gut and through the Race. Thank you very much. SUPERVISOR HORTON: Thank you. We are also trying to currently re-route it to East Hampton. Well, I believe that we will win that case but it is a matter of opinion and I respect yours that you think we won’t. It is not a smokescreen, we are working very hard on that and dedicated some real resources to winning that case and we believe we are going to possible win in summary judgment. We are that confident. Would anybody else, before I move on to people who haven’t spoken yet, Mr. Angell. Yes, sir. UNIDENTIFIED: I am not accustomed to speaking, I was hoping people would cover most of my subjects, which they have and I thank them. I understand that you are the head…. SUPERVISOR HORTON: Could we get your name and residence? RICHARD GILLOOLY: I am sorry, Richard Gillooly from Orient. I understand, Josh, that you are the single head of Homeland Security for this Town. SUPERVISOR HORTON: Emergency management. Page 12 August 2, 2005 Town of Southold Board Meeting MR. GILLOOLY: That is what I mean. Emergency management. I still have some friends in New Jersey and the head of Homeland Security is a guy I know from Westfield. So I put a call in to Washington. You have no idea how upset we are all with this situation. Can’t we use this opportunity to shut the ferry down? We are at a dead end. If we have a national emergency, Orient is a dead end. We have Plum Island out there. Why can’t we be bold? I mean, we have turned Greenport into a show because of bringing in Curtis Sliwa, I mean, I don’t understand it. You have no idea how upset we all are with this situation out there. I drove out there in my little pick-up truck and I mean, I could sue this Town for how I was treated. It was ridiculous. What business do I have there? Give me a break. Let’s be bold, let’s tell Cross Sound Ferry until they submit a plan that covers the kind of emergency they could create for the people who are here tonight and who would fill this hall if they knew this meeting was happening tonight and tell them they have to cease operations until we know we could be protected. Let’s be a little outrageous and maybe we can start to let them know that we are not going to stand for it anymore. SUPERVISOR HORTON: Thank you, Mr. Gillooly. Would anybody else care to address the Board who hasn’t spoken yet? Yes, Mrs. Egan. JOAN EGAN: Good evening, Joan Egan from East Marion. I can’t say how much I agree with all of you from Orient. But there is one thing that I do want to say to you Orient people. SUPERVISOR HORTON: Mrs. Egan, Mrs. Egan, if you would just please focus on addressing the Board. MS. EGAN: Okay. Then you can tell them. That you all come when it is the Cross Sound Ferry but every other thing on this agenda, you are all going to leave afterwards and this hurts badly the things that are important to other people and you don’t back us. So, everything that happens in the Town of Southold affects all of us, not just Orient and I have seen this over and over. And why in god’s name, which I have suggested a million times, you have that nature study, that the state owns I guess, where the Orient Point Inn is; I don’t think hardly anybody uses it. That would be a place where they could check. I have mentioned that a million times to you, Mr. Horton and you haven’t done anything about it. So, let’s get with it. SUPERVISOR HORTON: Yes, Mrs. Egan. Thank you. Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. Now that we do have a state of emergency and we have heard a lot of comments from the audience, I think that we as taxpayers and citizens have the right to hear comments from each of the Board members, since an action has been taken. And we have a lot to weigh in the coming election year. So, could we ask each Board member to let us know what their response has been to what has been happening at the Cross Sound Ferry and how they view that going forward? COUNCILMAN WICKHAM: This morning we had a work session and discussed these matters before the work session and I made it clear that as far as I was concerned, parking on those two parcels of residentially zoned properties is off the table. After the five days is up… Page 13 August 2, 2005 Town of Southold Board Meeting MS. NORDEN: Can you explain the five days because nobody understands what that means? SUPERVISOR HORTON: Under executive order, the state of emergency has to be renewed in five day increments. COUNCILMAN WICKHAM: The Supervisor has the authority to impose these solutions on his own. He doesn’t need the Town Board’s support and I don’t think he has it. But he can do it on his own for a five day increment. Then if he wishes he can extend it for another five days. The first five days is up tomorrow. I have asked that we stop any further parking at that time, tomorrow, on those two properties and the Supervisor and the Board sit down and explore other solutions to satisfy the health, safety and welfare of this Town. MS. NORDEN: Thank you, Mr. Wickham. Judge Evans? JUSTICE EVANS: I somewhat mirror Tom’s remarks. I was not for parking in the Cross Sound piece of property, the residential piece of property they own. As far as the parking, the lack, taking the parking on Route 25, I did support the Supervisor on that. Ms. Tole’s comments have made me think twice. I would have to look in to see the legality of that but I thought the Supervisor had the authority to do that under the state of emergency and it is an unsafe situation to be trying to check cars, I think, where all the other cars are staging to get on the vehicles. Because you are checking them because you think there might be bombs in this car, then you don’t want other cars around when you are checking. So I did support the stopping of the parking on Route 25 and moving the checks to there but I do not support the…. MS. NORDEN: Councilman Ross? COUNCILMAN ROSS: Sometime ago, we appointed the Supervisor as the Police Commissioner. There were problems that needed to be addressed and the Board took that action and since then, the police department has made great strides. I know this as the liaison to the Police Advisory Committee. But when you sit there all alone, as opposed to the whole Board being the police commissioner, you have to make decisions. And I think in that capacity the Supervisor has made good decisions right down the line. I don’t necessarily agree with the parking aspect of this decision but it is a short term situation. He made the decision. With respect to the Cross Sound Ferry issues, I would note three things. One, we rejected the zone change request. We didn’t put it off to another day. We rejected it. Someone mentioned that it was to be put off to another day. We made a determination that the Board did not want to entertain it and waste the time and that is one thing the Supervisor joined in. The second item was the lawsuit versus East Hampton. We know much of the traffic is coming to and from the south fork and to bring that to the fore, it was a lawsuit. It was a bold step. A third item that we have addressed is the parking on Route 25. I know before I sat on this Board that the Supervisor was working with our elected state officials to address that issue to no avail. So, in terms of Mr. Angell’s comments, the emergency basis decision was made by the Supervisor. I don’t think we can, I don’t think it is fair to suggest he has violated the public trust. It is a short term solution and as we indicated in the work session today, we are going to find an alternative with respect to Page 14 August 2, 2005 Town of Southold Board Meeting the parking aspect. MS. NORDEN: Okay. Let me ask you, will you support a renewal of the emergency, state of emergency tomorrow? If the supervisor intends to impose it again? COUNCILMAN ROSS: The Board did not support it because the Board does not have the power to do so…. MS. NORDEN: Well, I guess I am asking what you think of it or do you agree with it? COUNCILMAN ROSS: I have urged the Supervisor to find an alternative. We discussed appointing someone to look into alternatives. The Plum Island parking lot, the Orient parking lot, Strawberry Fields. Someone, someplace to do… MS. NORDEN: Let me ask you, why is it that, I actually don’t even understand why we as a town have to pay and spend town resources to look into solutions for a private corporation. COUNCILMAN ROSS: I think the security aspect is not necessarily Cross Sound’s problem. I think that is a town problem. It came from the state, it is created and it has been addressed. Again, we may differ with how it was addressed and I would hope and I would urge, I would continue to urge an alternative to the parking aspect of it and if that comes to doing the inspection someplace else, so be it. But an alternative would be reached, should be reached with that regard. And the parking should not continue on those lots. MS. NORDEN: Well, let me ask you, do you have any suggestions as to…. COUNCILMAN ROSS: I had a number of suggestions. MS. NORDEN: And what are they? COUNCILMAN ROSS: To contact the federal government and ask them if we could borrow a piece of the Plum Island parking facility. To park the cars at Orient, in the Orient park and ferry them back and forth. I, you know, there are alternatives. MS. NORDEN: So we would essentially almost be jeopardizing a federal facility for 99% of these people with these cars are gamblers. And they are going gambling at Foxwoods. COUNCILMAN ROSS: Ms. Norden, I don’t want to… MS. NORDEN: Alright. Okay. Let me just, then let’s move on to Mr. Edwards. Bill, why don’t you let us know what you think about the state of emergency, whether you will support its renewal and what solutions you might have for this situation. COUNCILMAN ROSS: I think it is important, though, to note that it is not a question of supporting. The Town Board has not taken a position… Page 15 August 2, 2005 Town of Southold Board Meeting MS. NORDEN: I understand that. I don’t mean a legal, I don’t mean your legal support. I want to know what your views are on it. COUNCILMAN EDWARDS: I will tell you my views are on it. When this issue came up, I went out to Orient Point and spent most of Saturday morning out there observing the scene, talking with the officers, talking with the National Guardsmen, talking with the employees of Cross Sound Ferry and examining the situation and viewing, trying to view it as the Supervisor had had to view it. He had a situation where he had to make basically three, he made three decisions. He made a decision that it was inappropriate to inspect the vehicles in the staging area for the ferry and the logic he has already explained. I looked at it, I couldn’t argue with that. If I had been in his shoes, I would have made the very same decision, that you don’t inspect potentially dangerous vehicles when you are in a, basically a parking lot surrounded by dozens, if not hundreds of people, including men, women and children and their cars. So, therefore, he had to remove the inspection from that area. The next question was, was it an appropriate place to inspect the vehicles along the south side of Route 25 and it seemed to me that was the most appropriate place. I looked into that one building that belongs to Plum Island, there is a loop into the parking lot that is outside the secured area but it is the property of homeland security. I also considered well, what if you could loop through the parking lot. Well, maybe. But again god knows how long it would have taken to get permission from the Department of Homeland Security. We all would be old and grey. He had to make a decision, I thought that was an appropriate decision. The third decision he had to make was knowing that there were going to be many cars arriving within 24 hours to take the walk-ons on to the ferry, what was he to do about it? He made the decision that the ferry company would be allowed on an emergency basis only to use the land that the ferry company owns to park the cars and that really is the issue that most people here are most concerned about. I did not realize until Cathy Tole raised it, the issue about the inspection belonging on the property of the ferry, although I still think the Supervisor acted wisely in removing the inspection from the ferry area. Okay. There we are. Now, he made a decision for five days to impose these new terms. You asked me my feelings about it and I advised the Supervisor that it was my opinion that the use of that parking should be ended as quickly as possible. Certainly my suggestion would be no later than the, depending on how long the alerts last but even as long as the alert lasts, there will always be another alert someday. That th it should end by the 15 and not much later and the ferry company should be informed because they are going to have to find another solution. The ferry company has owned that land for years. They finally filed for a zone change, which the Town Board is not hearing. Rumor has it that they are going to file for an accessory use on the property but that is before the ZBA, not the Town Board. The ferry company, it is not our job to solve the ferry company’s problems of what to do with those cars… MS. NORDEN: But let me, with all due respect it is our job to solve the problems that the ferry company creates for the town citizens and taxpayers. COUNCILMAN EDWARDS: Right. But what I am trying to address is the specific issues that you raise, which is what the Supervisor did. The Supervisor has the legal right to renew the five day period in, I won’t say in perpetuity, I don’t know what the law is on, but several times. And Page 16 August 2, 2005 Town of Southold Board Meeting I have advised the Supervisor that at some point in the very near future we should take away that one element, in other words go ahead and inspect the cars on 25, not in the staging area, go ahead and retain the no parking provision along Route 25 where you are inspecting cars which I think is very appropriate and the ferry company is going to have to take the consequences if they th cannot park the cars on their land. If they’ve had, they have had one weekend and if by the 15 of August they haven’t figured out what to do, that is their problem. But the point is that there are three components here and the only one of them that I have advised the Supervisor that I would not incorporate in all future emergency declaration is the third. But I think everything he did he did in good faith in the interests of public safety and for the best of motives and I endorse him for it. And the fact that he and I may disagree about some element of it is besides the point, he did it for the right reasons. But ultimately the ferry company has to solve their own problem. MS. NORDEN: And John…. SUPERVISOR HORTON: Councilman Romanelli? Just helping you out, Melanie. COUNCILMAN ROMANELLI: You know, a very similar answer to what you heard coming down the line. I mean, I think Josh called me on Thursday afternoon on a cell phone conversation or Wednesday afternoon, I am not quite sure, wanted to know what I thought of this proposal, you know, at the spur of the moment I thought to myself, hey listen, if the Governor is calling and the National Guard is there, well, I guess we should do something and we have got to come up with a solution, so I went along with it. Now I have learned a lot about the whole process since then, too. That it is only a five day stay, we have to renew it. I hear some of the people here tonight and Cathy, I wish I would have spoke to you last week, you bring up some stuff that educated us. I, would I continue it at this stage? No, but I don’t, I take some personal shots here that I think some of the comments that we have some secret motive behind us, that we are trying to make the life of the people in Orient miserable is absolutely insane. Do I think I get some good ideas from some of you, should we be a little more bold in some of our action? Should we use this now as a step to go a little further forward and go back to the ferry? Yes, I agree with you 100 percent. But I really think some of you need to temper your comments and realize that it is not some conspiracy up here, we are not your punching bags. Mr. Angell, your comments about illegal parking on the side of the road. Let me explain to you, it is not illegal parking on the side of the road. The state didn’t put a no parking sign so it is legal parking on the side of the road. Okay? So it is not like we are sitting here letting illegal parking going on, we have no control over that parking. And that has been part of the argument all along. So, you know, I am not second guessing Josh’s decision. He made it, I stand behind him on it and no we go forward. We can learn from it, we can make some better moves but please, understand our situation up here too, we are not professional security people, we are learning on the job, we are picking things up as we go. MS. NORDEN: Okay. And then I would, I guess in conclusion then…. SUPERVISOR HORTON: Are there other…. Hang on one second, sir. UNIDENTIFIED: (from audience, inaudible) on the telephone on Thursday, where all that… Page 17 August 2, 2005 Town of Southold Board Meeting COUNCILMAN ROMANELLI: Well, I will tell you how. I will tell you how. How do you make that decision? The Governor calls and says he is sending National Guard. I am a Councilman, but I don’t have a phone number to the Governor, okay? I don’t have a phone number to the National Guard to find out what the alert is and how important it is, I get an order coming down from above that that is what they are doing. I don’t think that the Governor really wants to hear that John Romanelli doesn’t think it is a good idea to send the National Guard out to Orient this afternoon to stop the cars. So I have to go along with his opinion and the National Guard and the Governor, so…. UNIDENTIFIED: (from audience) So the Governor said he was sending the National Guard, is that correct? COUNCILMAN ROMANELLI: So it is a five day stay, so when I find out it is a five day stay, you go along with it, you make the decision, say five days. We can make a decision for five days, get us till Tuesday when our Town Board meets as a whole and have a solid discussion on what to do. That is how the process came about. UNIDENTIFIED: Well, it is pretty obvious it is all illegal, based on what this lady was saying. MS. NORDEN: Alright, let me just also say, maybe Ms. Finnegan could describe to us a little bit more about what this five day rule means and how it is renewed and for what length of period of time. SUPERVISOR HORTON: Upon issuing this… MS. NORDEN: Under what criteria? SUPERVISOR HORTON: Upon issuing a state of emergency… MS. NORDEN: I just wanted to hear from the Town lawyer, though. If I could. SUPERVISOR HORTON: That is fine but I will give a brief explanation and she can…. MS. NORDEN: Well, actually what I really want to know, Josh, from you is whether you are renewing the state of emergency tomorrow? SUPERVISOR HORTON: I intend to renew it tomorrow morning, yes. For five days. MS. NORDEN: And why is that? SUPERVISOR HORTON: Because, please understand one thing. I did not make this decision thinking it would be popular or that it would make my life any easier. MS. NORDEN: Josh, we are not asking that. We want to know what criteria, under what Page 18 August 2, 2005 Town of Southold Board Meeting criteria, I am asking you….. SUPERVISOR HORTON: And I have never made a decision that would put this community in harms way, I have always made decisions… MS. NORDEN: I don’t want to hear about your future and past decisions, I am asking specifically about this… SUPERVISOR HORTON: Excuse me… MS. NORDEN: I am asking specifically about this decision and what criteria you are using to renew the state of emergency? I don’t want a political address on your past decision making. SUPERVISOR HORTON: Excuse me, Melanie. I am not giving a political address. MS. NORDEN: Well then, please address the criteria and the specific questions. SUPERVISOR HORTON: When I make comments and receive huge reactions from the audience, I feel it is important to ensure that those comments are addressed or that reaction is addressed. But what I will do is I will allow Town Attorney Finnegan to answer your questions. MS. NORDEN: No. I really would actually, now that you have moved to answer this, I would like to know the criteria whereby you are going to renew the state of emergency based on what? SUPERVISOR HORTON: When this is invoked, it is in place for a period of five days. And then upon the conclusion of the five days, you have to… MS. NORDEN: I understand that. So you are renewing it tomorrow why? SUPERVISOR HORTON: I feel at the current time and until I speak with the general that is coming down on Friday… MS. NORDEN: And who is this general? SUPERVISOR HORTON: He is a…. MS. NORDEN: I mean, yeah, who is the guy? He is from Homeland Security? SUPERVISOR HORTON: He is a one star general from the National Guard. MS. NORDEN: Okay, so you can’t meet with him without having a state of emergency? SUPERVISOR HORTON: I don’t feel comfortable and I have listened to the comments and I have taken a lot from them; I do not feel comfortable having vehicles, large commercial vehicles, checked in close proximity within the staging area. And to accomplish what I believe is the Page 19 August 2, 2005 Town of Southold Board Meeting safest way to have those vehicles checked, I feel it has to be done on the side of the road, just prior to entering the ferry facility proper on a piece of property that the ferry facility does own. MS. NORDEN: Right. You understand that that is actually not in accordance with the MARSEC regulations? That we have just outlined to you. SUPERVISOR HORTON: The National Guard has… MS. NORDEN: I am not talking about the National Guard. Please address the MARSEC regulations…. SUPERVISOR HORTON: I am working under a number of different levels here and believe you me, this is a very new situation. MS. NORDEN: Josh, I am not getting a very clear answer at all. You seem confused. I want to know by what criteria you are going to renew the state of emergency. SUPERVISOR HORTON: I am going to renew it…. MS. NORDEN: Because you have to meet with a general? SUPERVISOR HORTON: No. I am going to renew it because I don’t feel that checking large, commercial vehicles in the parking area is the safest way to carry out…. MS. NORDEN: Alright, well that is exactly what they are doing in New London and around the country. SUPERVISOR HORTON: And you know what? And you know what? I have spoken with people in those other communities and I can tell you, they wish they had the luxury of checking those vehicles not in the parking lots next to hundreds of vehicles. MS. NORDEN: Well, I don’t think we have the luxury either. SUPERVISOR HORTON: And I have the ability to implement a safer way to do that and you know what? I am going to do it and I will end this situation as soon as I get word… MS. NORDEN: Get word from whom? SUPERVISOR HORTON: …from the National Guard. As soon as I get word, after I confer with that general who is coming out on Friday and I speak with New York State emergency operations center and have assurances that we can change the operation as it exists. MS. NORDEN: Change what, actually Josh, what are you saying? Change what operation, as what exists? Page 20 August 2, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: The current security measures that are in place. MS. NORDEN: What are those measures, because we don’t see them? SUPERVISOR HORTON: They have been discussed…. MS. NORDEN: Josh, tell me what these measures are? What you are saying is that you have set up a illegal road block on a state road… SUPERVISOR HORTON: What I am saying is…. No, I am not. MS. NORDEN: Where we have no authority, in violation of the regulations that are clearly defined under MARSEC, which says that the inspections need to occur on ferry property on ferry vehicles, period. There is nothing in the Homeland Security regulations or the MARSEC…. SUPERVISOR HORTON: Excuse me, Melanie Norden… MS. NORDEN: …do not interrupt me, or in the MARSEC regulations that you are allowed to make this other, arbitrary decision in terms of the emergency. These regulations are for the betterment of all Americans, under the Homeland Security provisions. You are violating those provisions and not following them… SUPERVISOR HORTON: I am not… MS. NORDEN: …and I want an explanation as to why that is. If MARSEC regulations indicate that it is perfectly appropriate for vehicles to be inspected on ferry property and on ferry ships and no one else is inspecting across the country on state, private or local roads, then I find it curious that you have made that decision. SUPERVISOR HORTON: Understand something. Those vehicles are being checked on ferry property. MS. NORDEN: By ferry personnel who are not even qualified to do it. SUPERVISOR HORTON: They are being checked….listen, we are all scrambling for a qualified resources to carry this out… MS. NORDEN: Well, we don’t expect a scramble from a supervisor that we have elected. SUPERVISOR HORTON: Well, you know what? MS. NORDEN: We expect a plan and we expect a forward thinking supervisor. SUPERVISOR HORTON: And in very difficult times such as this, I am working my hardest to do the best job that I possible can. Page 21 August 2, 2005 Town of Southold Board Meeting MS. NORDEN: Well, we are disappointed. SUPERVISOR HORTON: And that may not be enough for you and I understand that and I accept that. I will continue to do the best job that I possibly can. MS. NORDEN: But I really do think that when we are asking you these very specific questions…. SUPERVISOR HORTON: And I am going to answer them, Melanie… MS. NORDEN: …under a state of emergency, I need specific answers why you don’t think it is possible to carry out these activities on the ferry property and on the ships and why it is necessary to place 500 or 600 cars, who are going to Foxwoods, place us all in harms way because of that? SUPERVISOR HORTON: Ms. Norden, I am simply trying my hardest to ensure that vehicles that are recommended to be checked, are being checked in the safest form, safest fashion possible. Nothing more, nothing less. Vehicles parked along State Route 25 impede that…. MS. NORDEN: Of course they do. SUPERVISOR HORTON: …we would be checking those vehicles right at the entrance to the ferry property, which is where they are being conducted right now, on ferry property. That little green way on the shoulder of the road is on ferry property and that is where everything is being taken care of, being done. Having those vehicles parked all along the side of the road and passengers getting out of them and walking on through these ongoing operations is simply, in my mind, ineffective, irresponsible… MS. NORDEN: Of course. We all agree with that. We all agreed with that months ago when we asked you to stop it. SUPERVISOR HORTON: …and unsafe. We…. MS. NORDEN: Anyway, Cathy Tole would like to raise a few more points. SUPERVISOR HORTON: Please. MS. TOLE: Okay. Just, I will repeat the comment. That this is not an Orient matter. I don’t live in Orient, there are people here from Mattituck, Cutchogue and everywhere. This is a town matter and for a lot of reasons…. SUPERVISOR HORTON: Absolutely. MS. TOLE: ….it is a town matter. So, with that being said, I want to try and understand Page 22 August 2, 2005 Town of Southold Board Meeting something from, an odd thing, something that I am hearing from you is that under this authority and power to declare a state of emergency, you have done so and that includes granting you or whomever or the town, authority over Route 25. Is that what I am hearing? SUPERVISOR HORTON: We can suspend parking on any road within the town of Southold, under that …. MS. TOLE: Okay. And I wish you had simply done that. I think you are hearing that. That everybody wishes you had just said eh-eh. I talked with Homeland Security, talked with Port of New York, I talked with Oregon, I talked with Washington state, talked with Delaware, several other, not several other, I think two other jurisdictions that have the situation. What became very clear is that this is a maritime alert only. Doesn’t have anything to do with the National Guard except that the Governor is providing assistance for this maritime declaration. It is exclusively maritime. It is also a non-specific threat to, I again ask you to be reasonable and introspective, if you were going to declare a state of emergency in the Town of Southold because of an elevation of security that is very non-specific, has to do with activities 3,000 miles away, our hearts go out to those people but has no specific threat, no specific knowledge of a threat, I think that your grounds for an emergency are very, very small. And nobody else has done it. So I ask that you not let a General from National Guard tell you whether there is an emergency here. SUPERVISOR HORTON: I am not waiting for him to tell me. I simply said, no, I simply said I would confer with this person who happens to be an expert in these matters and I think we will all benefit from that. MS. TOLE: Why are you not, why is it that person as opposed to a man you probably know personally, who is the captain of the Port of New York? Who is really the person who is ultimately responsible in this region for the MARSEC 2 enforcement. That is just kind of a throwing out question. SUPERVISOR HORTON: Certainly. MS. TOLE: I don’t think this general is a person I would go to, anyway. One of the other things, is that you have stated that you have declared an emergency based on something. Look at the basis. Remember that the MARSEC 2 level calls for very specific items. We have gone beyond those items. We have gone into what looks dangerously close to police action, where police action is not called for and is probably not appropriate and we have extended it and again, I always caution government about extending their police authority beyond what it is expected to be. John, love you, but I have got to take exception about the punching bag. You kind of are punching bag, okay? SUPERVISOR HORTON: Yeah, we are a punching bag. MS. TOLE: I kind of feel like when I drive up to a 17 year old and challenging me and violating my constitutional rights, I have more justification for being…. Page 23 August 2, 2005 Town of Southold Board Meeting COUNCILMAN ROMANELLI: Fair enough. MS. TOLE: Thank you. Again, this is not personal and I am trying not to make this personal. It is far too serious for that. Bill, you kind of said for as long as these alerts last, do you know that these alerts can last for six months? COUNCILMAN EDWARDS: That is not what I said. MS. TOLE: I wrote it down as you said it. However long the alerts last. So, I also don’t want to get back and forth, you say no… COUNCILMAN EDWARDS: Okay… SUPERVISOR HORTON: Councilman Edwards has made it very clear to me that he would like to see this disbanded ASAP. Every member of the board has made that clear to me. In fact, every member of the Board is probably sitting out there with all of you. MS. TOLE: And I feel like you have gotten your back to the wall and you are defending a position without being sufficiently introspective and inspectional of that decision. SUPERVISOR HORTON: Well, I will tell you this, Cathy, I will tell you this. A meeting of myself and the Chief and the Captain of the police department, was convened tomorrow to discuss that. So I am not being un-introspective, there is not a lack of introspect here, this is something I stay up late at night thinking about, this is something that I touch base with people that I trust dearly and seek advice from. This is something that I call upon as many resources as possible to get as much guidance as I possibly can. So I definitely appreciate the comment about it is important to be introspective here and it is. And I really don’t feel like my back is to the wall. MS. TOLE: Okay. Along that line then that as much information as possible, I checked the agenda, I checked it yesterday, I checked it this morning. There was no mention in the discussion items of this. I would have been at the Board meeting. Perhaps I could have heard something, perhaps I could have offered something. But, am I mistaken? SUPERVISOR HORTON: It wasn’t on the agenda. MS. TOLE: Yeah. So there was, one of the most serious matters in my opinion, have confronted this town, was up for discussion and nobody knew. So, that also causes me great concern. SUPERVISOR HORTON: That is a fair criticism. There was no intent behind that. MS. TOLE: There is, I want to go back to what is causing this whole thing. And it is a bunch of cars and all of these cars and all of this traffic offers absolutely nothing, nil, positive to this town. It is pedal to the metal drivers that are getting to and from an out of state casino, by an out of Page 24 August 2, 2005 Town of Southold Board Meeting state operation, on a high speed ferry and we are trying to solve their parking problems. Let us go down to the basis of all of this. It is not a security issue. Get the cars the hell out of here. No parking, no parking where it is not authorized. And it is done. And you know what? SUPERVISOR HORTON: On every town road. On every town road… MS. TOLE: CSF. Hey, you know what? I am going to come and argue with you if you say that. SUPERVISOR HORTON: Well, you are right though. You are right but on every town road…. MS. TOLE: Maybe that is what it should be. Unless you are a resident, you don’t park because we have security concerns from outside the town. SUPERVISOR HORTON: But just understand it and I agree with you but I just want to make it clear that on every town road in close proximity to the ferry terminal, are no parking signs. Every town road. They are in and papers written on those cars that park there. And we are working hard to mitigate that, absolutely. MS. TOLE: I just have to, once again, add that this state of emergency here that is declared no where else, Josh, that there is no information that would lead you to a state of emergency, there is simply a MARSEC 2 level that has been granted by Coast Guard for the nation. It is nothing specific, nothing that warrants this and it is so challengeable. I think it is excessive. SUPERVISOR HORTON: Thank you. Are there other? Yes, ma’am. JULIE AMPER: My name is Julie Amper, I live in Mattituck. And I just would urge all of you not to waste the time that you should be spending on issues facing the town, finding a way to put parked cars somewhere else on the North Fork for the Cross Sound Ferry. Don’t worry about Strawberry Fields or Plum Island, just get them off the fork entirely. I would not waste time thinking about alternatives, that is not your role, you don’t work for the Cross Sound Ferry, you work for us. Thank you. SUPERVISOR HORTON: Good point. Thank you. ADRIENNE GREENBURG: My name is Adrienne Greenburg from Greenport. Josh Horton, Town Council, everybody else, I would like to just indicate something that had occurred. You had indicated that there is a police authority at the Orient Point ferry and we are using the Southold police department to assist in whatever is going on there. Sunday at 11:30 in the morning, I took a walk, I live right near the 67 step beach and I took a walk as I usually do, it is a beautiful area, and I see on the ground a bunch of hypodermic needles, glycene envelopes, which I took, I have about 23 pictures but I just took pictures of the American dream envelope and the takeover. And some crack vials. I took pictures of this, I called the police department, they came within the hour and when I asked if we’d be able to have more of a police presence, because we witness and I don’t see too many of my neighbors, but some of you are from the vicinity, from, I wrote down the time, from 9:00 PM to 10:30 PM, every night, there is a parade Page 25 August 2, 2005 Town of Southold Board Meeting of cars going to the beach and coming back. Spending a very little amount of time there. We have asked the police and we have asked them in the past and as a matter of fact, some of my neighbors have taken pictures of license plates and sent them to the police department. When I asked the police officer if we would be able to have a presence because we have a problem here, I was told that right now we are stretched due to the Orient ferry situation. He said we have one police car that has just made an arrest and they are loaded up with stuff and we have the other one at the Orient station, so he said we will try very hard but you know, we kind of zip through and we are not too sure. And he wasn’t being dismissive, he was being very nice, polite but he indicated that they are a little busy and Orient. Now, I am wondering if this weapons of mass destruction are starting to effect our local safety? That is my question. SUPERVISOR HORTON: In answer to your question, thank you for bringing that to my attention in regard to the need for more enforcement up by 67 steps because you are aware that we have invested time and money to improve 67 steps, a beach that I have my longest personal history with, and what we will make sure that those issues are dealt with on an ongoing basis and right now, particularly in the evening hours, no services throughout town, it is a stretch on the department but no police coverage has been sacrificed anywhere in town and that is going to continue on. But thank you. And if I could actually have those pictures before you leave, that would be helpful to me. In regard to the ferry matter, are there any other, would anyone else care to address the Town Board? Mr. LaRocca. VINCENT LAROCCA: Vincent LaRocca, Cutchogue. I am actually here to speak on a matter that was postponed till later but just a couple of trivial comments relevant to the important points that have been raised. I tell you, it is kind of, it is actually, although it is a very serious issue, it is kind of, it feels good as a citizen that this community as a whole, there is a lot of smart people that are making some really good input and I have to agree with Ms. Egan, even though I am not allowed to look that way, that it is great and I think if we could get more of this participation on a lot of issues it would be helpful. And I hope that you have taken it that way, as people are trying to help. SUPERVISOR HORTON: I certainly have. MR. LAROCCA: And it has been very educating for me. I think it is a week I am glad I am not Josh Horton, actually, and I wouldn’t want to be the guy to get the call you got last week and had to make the decision you made and I think I hope we focus less as a community on second guessing a five day decision, I hope you maybe re-think through the longer decision because I think it would be inappropriate for any of us that haven’t been in your shoes to get whatever it is, the call, which I don’t quite understand. Southold is not in a state of emergency, is that correct? SUPERVISOR HORTON: That it correct. MR. LAROCCA: Okay. But you must have gotten a challenging call and you all had to make a quick decision and it is for five days. No harm, no foul. And I prefer you err on the side of caution, if that is what you thought was best, but on reflection, I hope you reconsider and maybe not compound it. To put some context on it, you said this general was coming out on Friday? Page 26 August 2, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Yes. MR. LAROCCA: So that is a week from when you got the call… SUPERVISOR HORTON: That is 10 days. MR. LAROCCA: Ten days from when you got the call. So I am just putting context, I am guessing it is not their number one emergency if he is getting out 10 days later. I am not being a wiseguy. SUPERVISOR HORTON: No, he is coming out because I made the request. MR. LAROCCA: What? SUPERVISOR HORTON: He is coming out because I made the request. MR. LAROCCA: And he is getting out in a while…. SUPERVISOR HORTON: No, he is coming out, I think it is a quick turnaround. MR. LAROCCA: Okay, Josh. I really am not saying it to banter with you, I am saying that he is making a prioritization and he is figuring he will get out there. So, maybe what we have to do here is rethink, you know, what the level of state of risk is. The other thing is, is that when people travel the reality of the world today, we travel understanding there is risk, whether we take the subway, whether we take the tunnel in the city, whether we get on an airplane and I can say that as context for you, please don’t let the emotion of wanting to do a great job, don’t shift the risk that one chooses to take when they travel and there will always be a level of risk and today it is a higher level of risk than it once was, do not shift it on to our community. And don’t let our community be degraded to overcompensate for risk that we as citizens of this country now must take, which is there risk when you travel. So, I am just saying that for context as you weigh your decision, there always is going to be some risk and as hard as you want to work at it, you never are going to eliminate all the risk. Please don’t push it, though, and the burden on to the Southold residents. Also, I don’t want to get booed out of here but I am going to have to admit that I took the ferry a couple of weeks ago. But you can say that when you are not running for office, Bill. And I have to tell you, those people run some of operation because over in New London, and then not only did I take the ferry, but stupid enough to take it on a Friday afternoon and so the parking lot over in New London was, shall I say, packed. Those people and I am not saying this sarcastically, a logistical miracle over there. I mean, it was like a symphony. How they had a zillion cars in their own parking lot, moving them around and juggling them around and they weren’t out on the streets in New London. They were in their parking lot. And the way they did it then and I didn’t understand this, when we have our police and employees of the ferry company looking at the cars cause the way they did it over there and I guess you know this but I am…. Page 27 August 2, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: The police and the National Guard. MR. LAROCCA: Well, it, there was no New London police. When we pulled into the boat, they had the National Guard, the official humvee and the guys all dressed up in their fatigues etc., looking in everybody’s car as they drove onto the ferry. So, you know, when there is a will, there is a way. Just tell them to fix it. Just like they do in New London and if there is a certain level of risk, and I am not degrading that, that is a risk that travelers have to bear and I don’t think it is fair to start parking them in Orient Point or any of our other areas or on Strawberry Fields and I am not picking, you know, I know you are just brainstorming but I think the folks are right. Tough. That is a risk that you take and you guys fix it. And Josh, when you challenge a businessman to fix it, he will whine and whine and whine and tell you that there is no way to fix it and the minute he knows he had to fix it, what does he do, John? He fixes it because he will make his profit, he will make it work. Let’s stop helping him, tell him to fix it. Last thing I want to say on this, as soon as I get my pen, is the broader issue of the ferry, which that door has been open here a little bit. SUPERVISOR HORTON: I am happy to have that heard. MR. LAROCCA: And I just want to say, if you are not, if you have identified the false problem, then your solution is not going to work. And we’ve have engaged in a lawsuit against East Hampton, and it is become like and I am not saying you are lying, it is the big lie theory. The more you start saying something, it takes on as if it is a point of absolute fact. And what I am referring to is the issue that the real problem here is the traffic going to those darn south fork folks. And those damn East Hampton folks. Well, I do a lot of bike riding, believe it or not, out in Orient and also Shelter Island. And I think it is a bunch of bull. I think the problem is the casino. And all of the traffic that is coming out to the high speed ferry. And so I have asked and I want to see it, where is the documentation that was the basis of engaging in a lawsuit that the problem is East Hampton? Now I have heard it said, well SEEDS but then when I asked more, it was well, SEEDS and it was something they did just about the same time the high speed ferry was coming on line. So, is it even relevant data? What was the amount of flow, what was, can we, I know I have asked this, I would like to see the quantitative study that tells us that the major traffic problem facing this township is East Hampton. Because it doesn’t drive with one bicyclers experience of what he sees flying off the ferry and as he bikes down the North Road. So, where do I get that, Josh? What basis do we have and the reason I am bringing it up is not to play picky but if that ain’t the big problem and that is where we are expending our resources, which is what we are suing over, the only folks we are suing is East Hampton, so I hope we have darn good data that says East Hampton is the problem. SUPERVISOR HORTON: What is being said in that lawsuit doesn’t reflect on numbers, it challenges the constitutionality of East Hampton’s law. MR. LAROCCA: I actually…. SUPERVISOR HORTON: That is it. Page 28 August 2, 2005 Town of Southold Board Meeting MR. LAROCCA: I got that. But you are doing that because the premise underlying our investing time, money and energy is the basis is, is if East Hampton were opened up, that it would be a major relief to the traffic problem that has been expressed…. SUPERVISOR HORTON: And if William Floyd Parkway were opened up it would be the same and if Shoreham were opened up…. MR. LAROCCA: But the fact is, the one place we are expending…. SUPERVISOR HORTON: That is true. MR. LAROCCA: ….the first prioritization of where you have spent and allocated our tax dollars and I am not… SUPERVISOR HORTON: They are the only place that has a law against…. MR. LAROCCA: …saying it is wrong. Josh, you can’t fight every fight if it is not going to solve the material problem. SUPERVISOR HORTON: Well, we believe it is. MR. LAROCCA: But I would like to ask then, where is the data that supports the ‘we believes’? COUNCILMAN WICKHAM: Josh, remember the study that was done that showed on the order of 30 or 35 percent of the traffic went to the south side? SUPERVISOR HORTON: Yes. Right. MR. LAROCCA: Can I….Tom, I can barely…. SUPERVISOR HORTON: Well, what we are referring and I am trying to recall the name and if it had an official name… MR. LAROCCA: Josh, and I am not asking at this time, you can get it to me. You don’t have to state it exactly. SUPERVISOR HORTON: I will do my best to get it to you. Because there is data that indicates that 30 to 40 percent of the traffic coming off the ferry is bound, not necessarily for East Hampton but for the south side…. MR. LAROCCA: Right and I think it is bull. SUPERVISOR HORTON: ….largely, that, you can think that. MR. LAROCCA: I apologize, I interrupted you. Page 29 August 2, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: No, that is quite alright. That indicated that 30 to 40 percent of the traffic is bound for the south fork. MR. LAROCCA: Can I please, because… SUPERVISOR HORTON: Of the vehicle traffic. MR. LAROCCA: Tom, as you know well, when you say, let me see the study, let me see the backing, let me see who paid for it, let me see how they drew those conclusions, let me see when those conclusions were drawn and let’s see what factors changed since those conclusions were drawn because it is counter-intuitive to some of our experiences. SUPERVISOR HORTON: I will say that the lion’s share of traffic that is on our road and I think we all feel the same way about that, the lion’s share of the traffic is coming off of the vehicle ferries. Those vehicle ferries, I think they hold, what 100…well, I am trying to think how many cars each boat holds and if they are coming in off loading cars every hour or every 30 minutes, then that is the bulk of the traffic. And it is not in any way to minimize the irresponsible growth of the ferry company by adding the sea jet in 1995, I believe it was. MR. LAROCCA: Right. Tom, did you know the name of, can you, what is the study and how do I get it? COUNCILMAN WICKHAM: I think it was done as part of the SEEDS project. I believe it was reputable data. We can see that you get a copy of it. MR. LAROCCA: No. Come…. COUNCILMAN WICKHAM: We can see… MR. LAROCCA: Are you going to get it…. SUPERVISOR HORTON: I can always count on you for a little humor also. MR. LAROCCA: Can somebody take accountability and say I am going to get it to you? You will get it, Tom. Thank you. COUNCILMAN WICKHAM: Well, I’ll try. SUPERVISOR HORTON: Would anybody else… MR. LAROCCA: Hold on. If you can’t, would you just give me a buzz? Or have somebody give me a buzz and let me know? Thank you. I appreciate your time. SUPERVISOR HORTON: Thank you, Mr. LaRocca. We still have the rest of the town agenda Page 30 August 2, 2005 Town of Southold Board Meeting to get through but I want to make sure that people who are here to address this matter, that haven’t been heard yet, have the opportunity to be heard. Then we are going to move forward with the Town Board resolutions and if the, anybody would care to address the Board on resolutions that are on the agenda, please feel free to do so at this time. TED ANGELL: Once again, Ted Angell, Southold Citizens for Safe Roads. SUPERVISOR HORTON: Thank you all for coming out this evening. MR. ANGELL: I just wanted to add something to the petitions by way of information and that is that the people who took the time to do these tear-offs, fill them out, sign them and send them, it was not like doing a raffle and just sending them in almost absent mindedly. Because and what I should have mentioned before, is that we have gotten a tremendous amount of commentary along with these responses. When you look at them, if you take the time to look at them, you are going to see notes, you are going to see messages on these tear-off strips. We have gotten letters from people. And essentially, what they are really saying is what they said in that old movie, Network. They are mad as hell and they are not going to take it anymore. The point is, it is the people that hold the bottom line. It is the taxpayers. Southold is long and narrow and by the way, Mr. Romanelli, I didn’t mean to aim at the supervisor or anybody else when I said about public trust, it was a general statement. Because basically, you folks work for us, it is not the other way around and we have trust and faith in you to do the right thing and handle the wishes of the electorate. But with respect to all of these people who responded and this is a first, I mean there has been a tremendous outpouring of response because they just don’t want it. It is the traffic. It is not the parking at Orient Point but it is the traffic in general that is a big problem. Southold being long and narrow, you have to remember something. Before you get on the ferry, you have to get there first. We don’t want the crush, we don’t want what is going on in Southampton, where you can’t drive more than five miles an hour. I was there recently. At five miles an hour I averaged from East Hampton all the way to Riverhead and if people are fed up enough and they are saying our quality is gone, then we don’t care either. It is something that we don’t want to bring it to that point where it is going to be so negative that there is going to be so much cynicism because they feel that no one is listening and that a company from out of the state of New York is getting favored treatment. The vehicle ferry is one thing but the parking for the fast ferry customers is completely unnecessary and if those parked cars pose a national threat, then just eliminate them. Reduce those cars and there is that much less that National Guard or anyone else has to check. So it may sound frivolous to say that but this is a private company that can do its own marketing and basically find its own solutions because it is not up to us to keep them in business. They have the were with all, they have the funding and they can find other locations that are more user friendly, they can find locations where their heavy traffic, their trucks and everything else can go on from a more expedient stand point and basically do their traffic that way. The vehicle ferry is fine but it is, again, as I have said before, they have gotten too big for their shoes out at that location and they just need another place to do their business because I use the ferry, too. I happen to like it but not on the way it is being used now and basically the public is taking the brunt of it. But these people that signed all of these petitions will have something to say if it ever comes to it and I certainly hope it never does. And I am only a spokesman for these people. I am not a one-man team here. This is an awful lot of people Page 31 August 2, 2005 Town of Southold Board Meeting that basically expect this kind of representation and I promised Admiral Hansen that I would do the best job that I could when he left, so, that is what I am trying to do. SUPERVISOR HORTON: You are carrying the torch well. Mr. Angell, I took no personal offense to your comment. It did sound directed but I sit up here quite a bit and I have sat through quite a few meetings and I just want you to know… MR. ANGELL: You know I like you personally. You know that. SUPERVISOR HORTON: I do know that. Yeah. At least that is what you have said and I believe you. That being said, I want to reiterate some very clear points here. This is a temporary measure and I declared a state of emergency in a very specific area of the community and I did so to create as little confusion as possible while the police department and the National Guard were trying to conduct a difficult and fairly new security operation to them. So the issue of the parking was squarely my idea, squarely my directive and squarely geared toward insuring that we are carrying out this short term operation in the most effective, efficient and safe means possible. It has got nothing to do with Cross Sound Ferry where they are from or any type of special treatment. Listen, the one thing we are blessed with and we have been blessed with in the past two elections is that we have good, honest people running for Town Board. We had it last year, we are having it this year. And we have good, honest people who are running for elected office, all who will act as individuals with their perception, their belief of what is in the public’s best interest. I believe that. And you should know I did the same. I wanted, I just want to share a bit of information to you about me personally that I think is relevant. I spend quite a bit of time post 9-11 moving the wreckage of the World Trade Centers and I can tell you that I was involved with a lot of the security discussions before 9-11 and there were a lot of recommendations made, a lot of suggestions made and none of them acted on because they were considered overreaching. And they were recommendations that a lot of people feel, in high places, would have made the difference on that day. And that was all this was about. Josh Horton doing the best he could with the resources he had available to him, when presented with a very difficult situation. And I appreciate all the input that I have heard tonight. It has been helpful and thus far, an engaging meeting. And I will continue to act in what I believe is the best interests of the public. Granting no special treatment to any party, whether I agree, disagree, support or don’t support their position or their goals. UNIDENTIFIED: Well, you have heard the voice of the people tonight. SUPERVISOR HORTON: And thank you. And with that petition, did you include what was requested of those people? MR. ANGELL: Well, we could give you that. Basically, it was a sheet with a tear-off… SUPERVISOR HORTON: It would be helpful to have the sheet. That would be helpful. Thanks a lot. I am going to the portion of the meeting that usually starts out at the very beginning and that is, I will call for an approval of the audit. Mrs. Egan, you know you will get your chance. And I open the floor to the public to address the Town Board on any of the specific resolutions Page 32 August 2, 2005 Town of Southold Board Meeting that are before us tonight. Yes, Mr. LaRocca. MR. LAROCCA: Vincent LaRocca, Cutchogue, New York. I am here to ask that you not approve this evening the $2.6 million funding for the Animal Shelter. I bought my triathlon watch here because I was going to be very brief at the beginning of the meeting, well, now, it looks like I have lots of time being the other meeting is over. But I will be brief. First of all, I have sort of stuck my nose in this the last couple of days and I want to thank the Supervisor, Bill Edwards, John Romanelli, I want to thank the Supervisor’s office and Ms. Neville, I want to thank your office also. They were really polite and helpful and got me information ASAP and I do appreciate it and I specifically want to thank Gillian over at the Animal Shelter. She also was very helpful and gave me a lot of information on a very timely basis. I normally don’t justify my position on something but I am tonight because, for whoever is left here, I wouldn’t want to read the headline or have my mom read the headline ‘LaRocca says don’t give the dogs a bone’ or something. I am going to need to preface this by saying that yes, I do indeed love animals. Yes, I have pets. No, I do not eat any factory farmed meat. I have adopted cats from the shelter, I donate to the World Wildlife Foundation, I donate to the Humane Farming Association, I donate to the Farm Sanctuary. Yes, I am qualified, I do love animals and don’t beat them as a rule. Having said that, I do think we have got to, Supervisor, I have said this to you before, in business when you want to control long term costs, when you look at a new initiative, you have got to project what the costs are and you have got to aggregate the costs of all the decision making to understand what the long term tax impact is. And it is my opinion as a guy who spent his life in finance that the reason why this economy is becoming so burdened with taxes and particularly New York State where we hear more and more and you have heard me here many times now and you are well aware of how many people can no longer afford the current tax burden and so every time we look at new legislations or new burdens, we have got to project out the impact, not item by item day by day but in their aggregate. I hope the Board and I won’t quiz you as was done earlier but I honestly do hope the Board and I hope it does come out in the political season, I hope the Board believes that the current tax burden in this community is high enough. That the goal ought to be that adjusted for inflation, we cannot continue to have tax increases. It just can’t be sustainable. If we don’t do another thing, we still have to pay for future land preservation costs, which could run into hundreds of millions of dollars. We have got the impact of affordable housing, which is going to be an additional strain on middle class and working class families on their tax bill. We still have thousands of lots that are going to be built in town and we all know that is a further drain on our police resources and on our school systems. In fact, we have already added five new police, that is going to be over $100,000 a man within five years. In Cutchogue-Mattituck we have a $26 million bond we just about to begin to start paying for. We have got the landfill that I know is an issue. We have got the new Town Hall discussion that is under way. And we have the Animal Shelter. Those are all going to add to the current… SUPERVISOR HORTON: And the Scavenger Waste plant. MR. LAROCCA: And… SUPERVISOR HORTON: The decommissioning of it. Page 33 August 2, 2005 Town of Southold Board Meeting MR. LAROCCA: The decommissioning of it, thank you, Mr. Supervisor. And the decommissioning of the Scavenger Waste plant. And to put that in context, we can’t even keep the dump open, we don’t call it the dump anymore, do we? We don’t even keep the dump open anymore on Wednesday’s because of…. SUPERVISOR HORTON: We could, however, along the lines of what you have discussing, I work hard to control costs. And we will be saving about $120,000 a year through that measure. MR. LAROCCA: Wonderful. SUPERVISOR HORTON: Okay. MR. LAROCCA: If that, if that is necessary… SUPERVISOR HORTON: So please don’t say ‘even’. Well, I think anyplace you can save… MR. LAROCCA: No, I am saying, but that, look, cutting back the dump… SUPERVISOR HORTON: So about the Animal Shelter? MR. LAROCCA: yes, Josh, it is about, no, it is not about the Animal Shelter, it is about the funding and my asking you to look at all of the costs before you decide what, how much we can absorb one more incremental cost and the fact is, we haven’t aggregated those, Josh, we haven’t looked at what the total burden is going to be. That is my first point. I have asked it a number of times, I know where I am getting with that. SUPERVISOR HORTON: Okay. MR. LAROCCA: The second thing is, that it becomes quickly apparent that the relationship between the relevant parties here, to use the word dysfunctional would be to understate it. The relationship between the parties providing the service and paying for the service, there is a shall we say, a serious breakdown in communication. Okay? COUNCILMAN WICKHAM: What service? MR. LAROCCA: The people providing the service at the Animal Shelter. COUNCILMAN WICKHAM: Service? SUPERVISOR HORTON: The people who run it, Tom. COUNCILMAN WICKHAM: The contractors? MR. LAROCCA: Yeah. They are providing the service of caring for the animals. And in the interests of brevity I am not going to go over this but, because I hope nobody disagrees with that. Page 34 August 2, 2005 Town of Southold Board Meeting I mean, we have lawsuits between the Town and the North Fork Animal Welfare League. SUPERVISOR HORTON: No we don’t. And there has not been in at least…. MR. LAROCCA: Okay. Let me restate the word lawsuit. There was a judicial proceeding between the Town and the North Fork Animal… SUPERVISOR HORTON: No. MR. LAROCCA: What do you want to call this? Dan, whatever word you would like to attach to this… SUPERVISOR HORTON: You are referring to the Troxel estate, I believe. MR. LAROCCA: Yes, I am. Yes, I am, Josh. SUPERVISOR HORTON: And the Town made some recommendations as to if the judge decided not to cede that money over to the North Fork Animal Welfare League, we would like to be considered. It is that simple. No proceedings between the Town and the League. COUNCILMAN ROSS: We, in effect, put in our two cents. We… SUPERVISOR HORTON: We said… COUNCILMAN ROSS: ….stated our position. MR. LAROCCA: (inaudible) SUPERVISOR HORTON: We said if, we wrote basically to the judge if you see it not in the best interest of the estate to see that money to the League, we would like to be considered for it. COUNCILMAN WICKHAM: And that matter has nothing to do with the matter before us on the agenda tonight. SUPERVISOR HORTON: But going with you about the funding…. MR. LAROCCA: Actually Tom, it does, because we are talking about raising a substantial amount of money, we are talking about understanding whether it is a good investment and before you can understand that, you want to look at the relationship between the parties of which you are making this investment so that is why I do think it is very germane and Josh, I guess I am not going to banter on wordsmith but ended up costing when I looked at the financial statement about $60,000 out of the $350,000 was tied up in court proceedings. We will just call it court proceedings and I have it in my hands… SUPERVISOR HORTON: None of that being the Town’s money. Page 35 August 2, 2005 Town of Southold Board Meeting MR. LAROCCA: Hmmm? SUPERVISOR HORTON: None of that being the Town’s money. MR. LAROCCA: No. That being the money from the North Fork Animal Welfare League, though. SUPERVISOR HORTON: And you know what? You know what, Mr. LaRocca? As far that one issue is concerned, we simply said, judge, if it can’t go to them, please give it to us… MR. LAROCCA: Josh, how would you characterize…. SUPERVISOR HORTON: And that is it. And that is it. MR. LAROCCA: Would you say that you have got good communications between yourself and the North Fork Animal Welfare League? SUPERVISOR HORTON: Yes. MR. LAROCCA: Okay. I will move on to the next…. SUPERVISOR HORTON: And I would say that we have a contractual relationship. MR. LAROCCA: Okay. Okay, Josh. Now we have, we set up or we agreed to the establishment in April ’02 of a not-for-profit to raise money for the Animal Shelter, with the sole charge and I have those documents in my hand. For some reason, you went to another organization to do the fund raising… SUPERVISOR HORTON: We did not go to another organization. An organization out of the good will and kind, financial backing of the now late Mr. Raynor, an organization sprouted. Organically and from what I believe is the goodness of this community, that organization was formed on its own, sought the support of the Town Board, we welcomed it and we look forward to working with them moving forward. MR. LAROCCA: And you designated them to raise the funds for the Animal Shelter in 2002. SUPERVISOR HORTON: We endorsed their efforts as being the lead agent, for lack of a better term, as a fund raising mechanism, yes. MR. LAROCCA: Right. Okay. Now that organization had, and I agree with you this is another very generous person, Mr. Raynor, who contributed $303,000 towards the building of a facility. How much additional money, outside of Mr. Raynor have been raised in the last four years? SUPERVISOR HORTON: I believe fundraising efforts have not commenced because of the Page 36 August 2, 2005 Town of Southold Board Meeting Town’s lack of a plan for a shelter. MR. LAROCCA: So they have raised basically nothing? SUPERVISOR HORTON: Nothing since that point, that is correct. Well, actually some monies have been raised but…. MR. LAROCCA: Nominal? SUPERVISOR HORTON: Hang on, I will get that answer for you. About $70,000 outside of that has been raised. COUNCILMAN WICKHAM: We have expectations that a substantial part of this $2.6 million will eventually be raised through private sources. MR. LAROCCA: And if that expectation isn’t met, then the community will absorb the cost. I mean, there is no commitment, obviously. SUPERVISOR HORTON: Yes, that is correct. That is a fair statement. MR. LAROCCA: Tom, you have been very involved in this, have you looked at what it is costing us per dog at the Animal Shelter? COUNCILMAN WICKHAM: Well, we have a contract, I believe it costs $120,000 a year and I believe the average populations of dogs is on the order of 24. MR. LAROCCA: Well, actually we are now at $160,000. Between 24 and 25, I use 25, sometimes 26. But of course, the community also donates towards the operating funds. COUNCILMAN WICKHAM: The community means private sources. MR. LAROCCA: Exactly. Those of us in the community. What is the community wide commitment to the shelter. Well, I have gone through the financial statements and the total is $300, last year was $362,000 and I am not saying this is a perfect calculation. But if you back out the cats and you back out, make an estimate and back out money for some of the programs they do off site, some of the spay and neutering, some of the educational stuff, you are somewhere around that the community is putting forth about $200, this sounds more exactly, say $268,000-$270,000 a year… COUNCILMAN WICKHAM: You are using the term community kind of loosely. SUPERVISOR HORTON: Mr. LaRocca? Let’s talk about what the Town’s obligation to that contract is and that is to the tune, I believe, this year of $160,000 to operate that facility. So let’s…. MR. LAROCCA: Contribution towards operating that facility. Page 37 August 2, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: No, that is what we pay the operator to operate that facility. So, you can, you know, if you are putting in there funds raised by private contributions, Mr. LaRocca, I don’t think it is a fair statement to say that the Town has paid $268,000. MR. LAROCCA: But I didn’t say the Town, I said the community. SUPERVISOR HORTON: Okay, the community. But let’s talk about what you are here to talk about and that is the funding to be raised through bonds… MR. LAROCCA: What I am here to talk about is whether or not this investment at this time is prudent. That is what I am here to talk about, so I am analyzing not just one piece but what our total commitment is in terms of our community commitment in funding the enterprise and where we will be if we do this additional… SUPERVISOR HORTON: And the community commitment through the Town of Southold, that the Town Board has it’s authority over is a contract that I believe this year was in the neighborhood of $160,000 to operate that facility. MR. LAROCCA: Right. Right. SUPERVISOR HORTON: So let’s just be on record that that is the… MR. LAROCCA: I thought I said, I thought I …. COUNCILMAN WICKHAM: You did. SUPERVISOR HORTON: That is the community’s… MR. LAROCCA: No, that is the taxpayers and then the community as a whole and we can keep going around this, it is not relevant, I have just said it three times now, the taxpayers through their taxes are putting in $160,000 and they are getting other donations towards the Shelter which totals estimated for caring for these dogs…. SUPERVISOR HORTON: No, it is not towards the Shelter, it is towards the League. MR. LAROCCA: Right. COUNCILMAN WICKHAM: Towards the contract. MR. LAROCCA: Running the shelter. Towards taking care of the animals. COUNCILMAN WICKHAM: Towards the operation… MR. LAROCCA: …of the shelter. I have looked at the financials. Page 38 August 2, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: But not the construction of the shelter. MR. LAROCCA: No, the operations. SUPERVISOR HORTON: Continue on with your points. MR. LAROCCA: So I will clarify again because I don’t want this to get muddled, that money spent, if you review the financial statement, the operation, not the construction of, the operation of the construction to care for the animals totals approximately, if we back out, make estimates to back out for the (inaudible) approximately $270,000. SUPERVISOR HORTON: And we only pay for the dogs. MR. LAROCCA: Right, that’s why we… SUPERVISOR HORTON: And we are only… MR. LAROCCA: Josh, can I finish this analysis? SUPERVISOR HORTON: Excuse me, we are only legally obligated to pay for the dogs and that is what we pay for… MR. LAROCCA: And I am glad. SUPERVISOR HORTON: …and if the League raises private money to deal with cats and the community reaches into their pockets to subsidize that operation… MR. LAROCCA: Isn’t that good news? SUPERVISOR HORTON: That is good news. But please, but please, don’t try to mix the Town’s contractual and legal obligation to this operation. MR. LAROCCA: I don’t know how I could be mixing it. I am trying five times now to say… SUPERVISOR HORTON: Okay, so as long as I understand. Please continue on. MR. LAROCCA: …that there is a combination of sources of income. SUPERVISOR HORTON: Please…. MR. LAROCCA: No, now I am aggravated because I have said it five times, I am not co- mingling funds. SUPERVISOR HORTON: There is not a need to yell. Page 39 August 2, 2005 Town of Southold Board Meeting MR. LAROCCA: There is because… SUPERVISOR HORTON: No, there is not. MR. LAROCCA: .. you are jerking around now. SUPERVISOR HORTON: No, I am certainly not. MR. LAROCCA: You are. SUPERVISOR HORTON: There is not a need to yell, there is not a need to get hostile. MR. LAROCCA: I think I promised you I wasn’t going to do that. But Josh, five times. SUPERVISOR HORTON: But please continue on with your, please continue on… MR. LAROCCA: for the fifth time. SUPERVISOR HORTON: I am affording you a tremendous amount of opportunity to address the Board when there are other people who would also like to address the Board, so please continue on. MR. LAROCCA: Approximately $270,000 is being contributed through a combination of taxes and donations to care for the dogs at the facility. SUPERVISOR HORTON: And the cats. MR. LAROCCA: No. Gee willie, now five times I have backed out the cost of the cats. SUPERVISOR HORTON: Okay. So please continue on. Please continue on. MR. LAROCCA: You are caring for 25 dogs on average, over the course of the year at $270,000. That is approximately $11,000 a dog. $11,000 a dog. Now, you are about to decide whether to vote on a bond for $2.6 million over 20 years which is going to approximately cost, approximately cost $220,000 a year for the dogs. SUPERVISOR HORTON: And the cats. MR. LAROCCA: And the cats. So that comes out to another $8,800 a dog or $20,000 a year to take care of the dogs. And you may have a great communications link with the League and by the way, I have, excuse this, no dog in this hunt because I am not here, I know there has been all this fracture between these groups and I am disclosing fully, I have no dog in this hunt. Just a concerned citizen looking at it, saying something doesn’t, I start just looking at the numbers and it just doesn’t make sense. $20,000 a dog. It doesn’t seem like it should cost $20,000 a dog. Page 40 August 2, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: May I give one piece of information that will help? MR. LAROCCA: I would appreciate that, Tom. COUNCILMAN WICKHAM: Those figures assume that the dog is in there for 365 days a year. MR. LAROCCA: Yeah. COUNCILMAN WICKHAM: They are not. MR. LAROCCA: Well, it is different dogs. COUNCILMAN WICKHAM: So it is not $11,000 per dog or $8,000 per… SUPERVISOR HORTON: He kind of got you there… MR. LAROCCA: No, actually not. But it is understandable. We are saying that on any given day, they are caring for approximately 25 dogs. Not the same dogs. So it is not like each dog goes out with $20,000. COUNCILMAN WICKHAM: It is not $8,000 per dog. MR. LAROCCA: But $8,000 for a dog year. Not a dog year as in seven years but a dog year… COUNCILMAN WICKHAM: Yes. Yes. MR. LAROCCA: …we are spending, it would add $9,000 or so for maintaining and caring for a dog for a year. Although not the same dog. COUNCILMAN WICKHAM: Yes. Right. MR. LAROCCA: That seems like a substantial amount of money and I love animals and I think we should spend whatever it takes to be good stewards of the animals in this community and if it takes that, it takes that. But, Tom, I have spoken to a few of the Board members, it is not to be a wise guy, you got to sit back and say this doesn’t pass the sniff test prima fascia. $20,000 a dog. And I am just saying before we did that and we hired a consultant and I am not challenging expertise and I am not challenging that it is a world class facility but yes, I am the frugal taxpayer and I am saying, you know, you go to a world class guy, you get the proposal for the world class facility. So what I am saying is, because it is my at looking at the data and conversing with a number of people that I don’t think it has been a quality correspondence between those operating the facility and those having to make the important decisions about the capital invested in the facility. I am not blaming anybody. I think personally there is blame to go around because I will take that last part back. I am not blaming anybody but there has not been good, full, open dialogue for some time. Page 41 August 2, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: There is some truth to that. MR. LAROCCA: Okay. So could we, before we say maybe we have to spend $20,000 a dog and if we do, I am first in line but could we, should we have first said, look, they are spending $5,000 a year on advertising and the whole thing is about getting and I am sorry to say it this way, the inventory. The quicker those dogs go out, they are very expensive to keep there, it makes, it is costing hundreds of thousands of dollars a year in total revenue to care for them. You know, $5,000 a year is not a very aggressive amount of money to attract in and bring in potential adopters of these dogs. What if we just increased that. You know, I agree, it is not a happy facility but you know, a lot of times it is doing the basics first right, like really cleaning the place and I know that there are structural issues, but paint, signage. You can’t find the place. It is like a hidden place. COUNCILMAN WICKHAM: The bond that we are putting in place and the building behind it is designed to address exactly the issues that you are promoting. MR. LAROCCA: Yeah. COUNCILMAN WICKHAM: It is designed to promote adoptions, it is designed to make the place accessible and to do the job in a cost efficient way. MR. LAROCCA: Do you know, Tom and I won’t ask, do you know that know 40% of the dogs that are adopted there are now adopted through the internet? A trend that is growing all the time, obviously. So we are in a changing world. In other words, where it was the hard asset and everything, more and more people are adopting their dogs via the internet. Okay? So, I am not saying it is a panacea but first it seems you fix the relationship and make sure there is good communication. The paint, the signage, put some grass seed, new fence. You know, before we go build a world class facility, for most dogs as you pointed out, Tom, thank god that this isn’t their home. This is, if we are doing, if we collectively are doing our job well, we are getting them in there and getting them out of there. So it may not be world class for 30 days but if we invest instead of $5,000 for marketing and instead of 5 we invest $20,000 in marketing a year or $50,000 in marketing a year, maybe we can get those dogs out of there in 10 days instead of 40 days. COUNCILMAN WICKHAM: I support that idea. MR. LAROCCA: And so, let’s say, we said, look, maybe we have to do $2.6 mil, but maybe first, like if it were my business or your farm, hey, can’t we put up a nice fence, can’t we get the guy with the trucks, which are ironically right next door, get some grass seed down, power wash the place, get some better signage up, make sure we are doing everything on internet marketing. Have we looked at potential regional solutions? Is there economy of scale of trying to work this regionally? You know, there is some overflow issues. Councilman Edwards was telling me, well sometimes, what do you do, sometimes you get an overflow. You know, I checked around, it costs $40 a night to keep an animal at one of these nice, these pet camps. Well, maybe on occasional overflow, rather than building a facility that is costing that much a dog, you look at Page 42 August 2, 2005 Town of Southold Board Meeting what if we outsource some of those dogs at some of those facilities, when we peak out. What if you want volunteers in the community? Build a cage on their property. I am first in line, I will take one on an overflow case and it can stay at my place until the overflow is exhausted. Um, stiffer penalties and enforcement for people who have abandoned these darn dogs in the first place. Shame on them. Are we doing everything we can there? So it just seems like, given all of the challenges we have in town, given the taxes that we are talking about, given the enormous investment it would be to build that kind of facility and given how long it has taken, that in all and I understand that it is hot bed and believe me, everybody I mention this to they first counsel to me is, Vinnie, you have enough on your other things, get the hell away from this one. And I know that for you guys this is like a third rail, and so I know it is difficult and I know it is very emotionally charged but I am saying in all that time, the paint, the fence, the signage, the marketing dollars, let’s see what happens. Let’s see what the usage is. SUPERVISOR HORTON: Okay. MR. LAROCCA: Let’s see what the trend rate is. I mean, with the internet, the adoption rates, their have been changes in policy there about what they do with some of the dogs that come in in bad shape, let’s see if we can do something before we go to $20,000 a dog. And maybe re-look, hey, is $10,000 a dog enough to provide quality care and there should be no other bar. And I am just concerned because of the hostility in the relationships that full creativity on other potential solutions hasn’t been explored. And so if I am the businessman at the end of the day and I am going to make a major capital expenditure, and my subcontractor and I aren’t even communicating and both excited about the project, maybe there is an interim step and I start repairing or replacing the existing relationship… COUNCILMAN WICKHAM: We can do that, Vincent. MR. LAROCCA: …before and then I am done… SUPERVISOR HORTON: Please, please, Mr…. MR. LAROCCA: I will be done but it is a big investment. SUPERVISOR HORTON: Mr. LaRocca, address the Board and please, I will give everybody else their opportunity to speak. Come on, finish up. MR. LAROCCA: I am finished, Josh. SUPERVISOR HORTON: Okay. Thank you, Mr. LaRocca. MR. LAROCCA: You are welcome, Josh. SUPERVISOR HORTON: Would anybody else care to address the Board? Mrs. Egan. We are still on resolutions and we still have public hearing before us tonight. Page 43 August 2, 2005 Town of Southold Board Meeting JOAN EGAN: Good. I agree with Mr. LaRocca about the monies being spent. On one of our local papers you would see homeless and the Guardians and then this money spent for the animal shelter. It is all out of proportion and the front page, you have juvenile aid bureau. What is that and who is in charge of that? SUPERVISOR HORTON: Mrs. Egan, that is not a resolution that is on for discussion. MS. EGAN: Who is in charge of the Juvenile Aid Bureau? SUPERVISOR HORTON: We have two officers who are in charge of the Juvenile Aid Bureau. MS. EGAN: Now, you know you have confused everybody, it is late, I am not going to go into all of the things I usually do with your sanitary flow credits and the TDR and all of that and the Animal Shelter thing, I think it has been overdone. As far as that. Now, employment for corrected salary. Well, that I guess is simple enough. Now, why do we need new computer servers for Town Hall? SUPERVISOR HORTON: Because it is important to maintain the level of productivity we experience through computers. MS. EGAN: What does it mean? COUNCILMAN ROMANELLI: It is just the server, it is the main… SUPERVISOR HORTON: The server is…. MS. EGAN: One at a time. SUPERVISOR HORTON: The server is what powers the Town’s computer system. MS. EGAN: So it is necessary? SUPERVISOR HORTON: Yes, it is. MS. EGAN: Of course you have always had a problem with keeping dispatchers, probably because you did a lousy job with their union contract and violated the Taft-Hartley Law. Terrible. I hope to god when they paychecks come in tomorrow that their retroactive pay will be there. You have a clerk there, #476, I hope it is another student. As far as your police department is concerned, the budget is totally, totally spent. You need more police and the money that was spent when we had the problems with the boat, I remember directing that, I think it was a year ago last March or February… SUPERVISOR HORTON: Mrs. Egan? MS. EGAN: …and it was wrong. So you have no money left. Now, I am going to give you Page 44 August 2, 2005 Town of Southold Board Meeting something to think about. SUPERVISOR HORTON: Right, well we are going to move on to our resolutions, Mrs. Egan. MS. EGAN: Yeah. That is fine. I am going to speak. You let everyone else speak, don’t you be rude to me. SUPERVISOR HORTON: I am letting people speak at the appropriate times of the meeting. If you have no other resolutions to address, we are going to move on with the resolutions. MS. EGAN: I have something to say about the Town Board and I can’t stay till after, I am tired. So you are going to have to bear with me. SUPERVISOR HORTON: Okay, Mrs. Egan. MS. EGAN: Alright. Now, I will try to be quick and if you don’t interrupt me, it will get done even that much more quickly. SUPERVISOR HORTON: Okay. Please continue on. MS. EGAN: Alright. Now, you have all heard about Noah and his ark and the Lord said to build an ark and you put two of this and you put two of this and two of that. Well, that has turned into a Town Hall joke. You know why? Because the Lord came down to Noah after 90 days and said you haven’t gotten much work done and he said, no, because my neighbors are complaining. And the Trustee’s told me that the water was wrong and the Building Department told me that the wood was wrong and this department and the Animal Shelter, I didn’t have the right thing. You have made a mess out of Town Hall. I hope you all have a lousy night’s sleep. SUPERVISOR HORTON: Thank you, Mrs. Egan. MS. EGAN: You are more than welcome. V. RESOLUTIONS 2005-466 CATEGORY: Employment DEPARTMENT: Accounting Appoint Mike Conroy and Karla Heath As Part Time Seasonal Employees for the Operation of the Fishers Island Movie Theatre for the Summer Season Page 45 August 2, 2005 Town of Southold Board Meeting RESOLVEDappoints the following that the Town Board of the Town of Southold hereby persons as part time seasonal employees for the operation of the Fishers Island movie theatre for the summer season starting on June 29, 2005 and ending on September 1, 2005. Mike Conroy Recreational Aide $ 125.00 per movie Karla Heath Clerk $ 180.00 per week Vote Record - Resolution 2005-466 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-467 CATEGORY: Seqra DEPARTMENT: Town Attorney Determine that the Adoption of the Local Law Entitled “A Local Law In Relation to the Architectural Review Committee” is a Type II Action and Not Subject to Review Under SEQRA Rules and Regulations RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in Relation to the Architectural Review Committee” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution 2005-467 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-468 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Page 46 August 2, 2005 Town of Southold Board Meeting Place 21.4 (Twenty-One and Four Tenths) Sanitary Flow Credits Into the Town TDR Bank From the Purchase of the Property Owned by NOFO Associates (A/K/A McFeely) WHEREAS , on July 20, 2005, the Town of Southold purchased Fee Title to the parcel known as NOFO Associates or the successors thereto (a/k/a McFeely); and WHEREAS , said property is identified as SCTM#1000-125-1-14 and 5145 Route 25, Mattituck, New York; and WHEREAS , said property is 30.785 acres, as per a survey prepared by Joseph A. Ingegno, Land Surveyor, dated June 26, 2002; and WHEREAS , said property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS , said property is located within the Mattituck-Cutchogue School District; and WHEREAS , the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space, except for future use for open space stewardship and interpretive center/quarters; and WHEREAS , as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and Page 47 August 2, 2005 Town of Southold Board Meeting WHEREAS , 22.4 sanitary flow credits are available from the parcel. However, 1 sanitary flow credit will be retained on the property for the stewardship and interpretive center/ quarters. Therefore, 21.4 (twenty-one and four tenths) Sanitary Flow Credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVEDplaces 21.4 (twenty-one that the Town Board of the Town of Southold hereby and four tenths) sanitary flow credits into the Town TDR Bank from the Town’s fee title purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely ); and, be it RESOLVED FURTHER that the Town Clerk shall enter this transfer of 21.4 (twenty-one and four tenths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it RESOLVED FURTHER that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Vote Record - Resolution 2005-468 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-469 CATEGORY: Employment DEPARTMENT: Accounting Appoint Thomas J. Evanko to the Position of Deckhand for the Fishers Island Ferry District RESOLVEDappoints Thomas J. Evanko to the that the Town Board of the Town of Southold hereby position of deckhand for the Fishers Island Ferry District at a salary of $10.00/hour, effective July 7, 2005. Page 48 August 2, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-469 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-470 CATEGORY: L W R P DEPARTMENT: Town Attorney Determine that the Proposed Animal Shelter Reconstruction is Consistent with the Town’s LWRP WHEREAS the Town Board of the Town of Southold has proposed the reconstruction of the Town of Southold Animal Shelter, and WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the SEQRA rules and regulations relating to the proposed Animal Shelter reconstruction, and WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Coordinator’s recommendation that the proposed Animal Shelter reconstruction is consistent with the Ton of Southold LWRP, now therefor be it RESOLVEDthat the proposed Animal Shelter by the Town Board of the Town of Southold reconstruction is consistent with the Town’s LWRP and the policy goals stated therein . Vote Record - Resolution 2005-470 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-471 CATEGORY: Bond DEPARTMENT: Town Attorney Page 49 August 2, 2005 Town of Southold Board Meeting Approve a Bond Resolution Appropriating $2,600,000 for the Construction of a New Town Animal Shelter and Authorizing the Issuance of Serial Bonds to Finance Said Appropriation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 26, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the “Town”), is hereby authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class “B” construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which Page 50 August 2, 2005 Town of Southold Board Meeting said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 (“SEQRA”) has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and Page 51 August 2, 2005 Town of Southold Board Meeting duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the “THE TRAVELER WATCHMAN,” a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 2, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: “BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE Page 52 August 2, 2005 Town of Southold Board Meeting ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION” an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold (“Town”) to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and Page 53 August 2, 2005 Town of Southold Board Meeting SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 2, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit “A” attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT “A” BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years Page 54 August 2, 2005 Town of Southold Board Meeting A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 2, 2005 Southold, New York Vote Record - Resolution 2005-471 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-472 CATEGORY: Employment DEPARTMENT: Accounting Amend Resolution #457, Adopted At the July 19, 2005 Regular Town Board Meeting to Reflect a Corrected Salary RESOLVED amends resolution #457, adopted at that the Town Board of the Town of Southold hereby the July 19, 2005 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby releases Michael DeVito from the position of temporary Cook at the Nutrition Center and be it further RESOLVED that the Town Board hereby appoints Michael J. DeVito to the position of full time cook at $28,756.89 the Southold Town Human Resource Center, effective July 20, 2005, at a salary of per annum. Vote Record - Resolution 2005-472 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 55 August 2, 2005 Town of Southold Board Meeting 2005-473 CATEGORY: Equipment DEPARTMENT: Data Processing Authorize and Direct the Town Clerk to Advertise for New Computer Servers for Town Hall RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for new computer servers for Town Hall. Vote Record - Resolution 2005-473 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-474 CATEGORY: Employment DEPARTMENT: Police Dept Accept the Letter of Resignation From Public Safety Dispatcher Karen F. Harney, Effective August 9, 2005 RESOLVEDaccepts the letter of that the Town Board of the Town of Southold hereby resignation from Public Safety Dispatcher Karen F. Harney , effective Tuesday, August 9, 2005. Vote Record - Resolution 2005-474 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-475 CATEGORY: Employment DEPARTMENT: Police Dept Page 56 August 2, 2005 Town of Southold Board Meeting Authorize and Direct the Town Clerk to Advertise for a School Crossing Guards In Mattituck and Cutchogue RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a School Crossing Guards at the Mattituck High School, Pike and Wickham crossing and for the East Cutchogue School crossing. Vote Record - Resolution 2005-475 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-476 CATEGORY: Employment DEPARTMENT: Town Clerk Appoint Colin Volinski to the Position of Student Intern I In the Southold Town Clerk Records Management Office RESOLVEDappoints Colin Volinski to that the Town Board of the Town of Southold hereby the position of Student Intern I in the Southold Town Clerk Records Management office , at a rate of $10.54 per hour, effective August 3, 2005 Vote Record - Resolution 2005-476 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter 2005-477 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Authorize Town Clerk Elizabeth Neville and Deputy Town Clerk Linda Cooper to Attend the New York State Archives “Micrographics As a Records Management Tool” Workshop on August 3, 2005 At Page 57 August 2, 2005 Town of Southold Board Meeting Hauppauge, New York RESOLVEDauthorizes Town Clerk Elizabeth that the Town Board of the Town of Southold hereby Neville and Deputy Town Clerk Linda Cooper to attend the New York State Archives “Micrographics as a Records Management Tool” workshop on August 3, 2005 at Hauppauge, New York and necessary expenses for travel be a legal charge to the Town Clerk 2005 budget. Vote Record - Resolution 2005-477 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-478 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Authorizes Modification to the Solid Waste Management District 2005 Budget RESOLVEDhereby modifies the 2005 Solid that the Town Board of the Town of Southold Waste District budget, as follows: To: Appropriations SR.8160.4.100.400 Welding Supplies $ 100.00 SR.8160.4.100.550 Maint/Supply Komatsu Payloader $ 1,400.00 SR.8160.4.100.580 Maint/Supply Ford Tractor $ 500.00 SR 8160.4.100.596 Maint/Supply CBI Grinder $ 2,300.00 SR.8160.4.100.610 Maint/Supply Forklift $ 1,000.00 SR.8160.4.100.650 Town Garbage Bags $ 6,000.00 SR.8160.4.100.800 Maint/Facilities & Grounds $ 1,000.00 SR.8160.4.400.820 Plastic Recycling $ 2,000.00 SR.8160.4.600.500 Freight/Express Mail $ 100.00 From: Appropriations SR.8160.4.100.607 Encapsulator Maintenance $ 1,400.00 SR.8160.4.100.660 Paper Leaf Bags $ 6,000.00 SR.8160.4.500.150 Groundwater Monitoring $ 7,000.00 Page 58 August 2, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-478 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-479 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Rescind Resolution No. 446 & 447 of 2005 Adopted At TheTown Board Regular Meeting Dated July 19, 2005 RESOLVEDrescinds Resolution No. 446 & 447 that the Town Board of the Town of Southold hereby of 2005 adopted at their regular meeting dated July 19, 2005. Vote Record - Resolution 2005-479 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-480 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Accept the Bid of JB’s Asphalt Sealcoating Inc. In the Amount of $28,000, for the Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island RESOLVED accepts the bid of JB’s Asphalt that the Town Board of the Town of Southold hereby Sealcoating Inc. in the amount of $28,000 , for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attorney. Page 59 August 2, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-480 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-481 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute an Agreement Between the Town of Southold and JB’s Asphalt Sealcoating Inc. for the Reconstruction and Resurfacing of Two Tennis Courts on Fishers Island RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold hereby Joshua Y. Horton to execute an Agreement between the Town of Southold and JB’s Asphalt Sealcoating Inc. in the amount of $28,000 , for the reconstruction and resurfacing of two tennis courts on Fishers Island, as per the plans and specifications prepared by James Richter, R.A., Southold Town Engineering Department, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-481 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-482 CATEGORY: Grants DEPARTMENT: Town Clerk Authorize and Direct Supervisor Joshua Y. Horton to Execute a Grant Acceptance Form to the State Education Department New York State Archives for a 2005-06 Local Government Records Management Improvement Fund Grant RESOLVED authorizes and directs Supervisor that the Town Board of the Town of Southold hereby Joshua Y. Horton to execute a grant acceptance form to the State Education Department New York Page 60 August 2, 2005 Town of Southold Board Meeting State Archives for a 2005-06 Local Government Records Management Improvement Fund Grant in the amount of $48,347.00 awarded to Town Clerk/RMO Elizabeth Neville for a Microfilming Project. SUPERVISOR HORTON: Before we move on, I want to recognize Town Clerk Neville for her hard work in obtaining that grant of $48,347. You have done it again, Betty. Thank you very much. TOWN CLERK NEVILLE: Thank you, Josh. Vote Record - Resolution 2005-482 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-483 CATEGORY: Employment DEPARTMENT: Accounting Authorize and Direct Town Clerk Elizabeth Neville to Advertise for a Temporary Clerk-Typist In the Justice Court Office. RESOLVEDauthorizes and directs Town Clerk that the Town Board of the Town of Southold hereby Elizabeth Neville to advertise for a temporary clerk-typist in the Justice Court Office. Vote Record - Resolution 2005-483 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-484 CATEGORY: Budget Modification DEPARTMENT: Police Dept Authorize Modification to the 2005 General Fund, Whole Town Budget Page 61 August 2, 2005 Town of Southold Board Meeting RESOLVEDmodifies the 2005 General Fund, that the Town Board of the Town of Southold hereby Whole Town budget, as follows: TO: A.3130.4.400.800 Bay Constable, C.E. Fishers Island Dockage $3600.00 FROM: A.3130.1.300.100 Seasonal Employees $3600.00 Regular Earnings Vote Record - Resolution 2005-484 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter 2005-485 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute a First Supplemental Agreement to the Original Agreement Dated August 19, 2003, Between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District, RESOLVED authorizes and directs Supervisor that the Town Board of the Town of Southold hereby Joshua Y. Horton to execute a First Supplemental Agreement to the original Agreement dated August 19, 2003, between the State of Connecticut, Town of Southold, and the Fishers Island Ferry District , for the construction, inspection and maintenance required in conjunction with the New London Ferry Terminal expansion for the Fishers Island Ferry District utilizing Federal funds from the Ferry Boat Discretionary Program, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-485 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Voter Page 62 August 2, 2005 Town of Southold Board Meeting 2005-486 CATEGORY: Employment DEPARTMENT: Planning Board Advertise for Town Planning Director RESOLVEDauthorizes and directs the Planning that the Town Board of the Town of Southold hereby Board to advertise for the position of Town Planning Director in the Southold Town Planning Department on the American Planning Association’s Job Mart website. Vote Record - Resolution 2005-486 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-487 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set 5:00 P.M., August 16, 2005, Southold Town Hall, As the Time and Place for a Public Hearing on “A Local Law In Relation to Amendments to the Preservation of Historic Landmarks Law” WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 2nd day of August , 2005 a Local Law entitled relation to Amendments to the Preservation of Historic Landmarks Law” ; now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on August 16 2005 at 5:00 p.m. , at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the The proposed Local Law entitled, Preservation of Historic Landmarks Law” reads as follows: Page 63 August 2, 2005 Town of Southold Board Meeting LOCAL LAW NO. 2005 A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to provide for greater community representation on the Historic Preservation Commission, and to foster the development of appropriate committees and the division of labor, it is necessary to empower the Town Board of the Town of Southold to enlarge the membership of the Commission from five (5) to seven (7) members. II. Code Amendment . § 56-4. Powers and Duties of the Historic Preservation Commission. A. There is hereby created a commission to be known as the Town of Southold Historic Preservation Commission. The Historic Preservation Commission shall consist of no fewer than five (5) members and no greater than seven (7) members, to be appointed by the Town Board, to the extent available in the community, as follows: 1. At least one member shall be an architect experienced in working with historic buildings; 2. At least one member shall have demonstrated significant interest in and commitment to the field of historic preservation; and 3. All members shall have a known interest in historic preservation and architectural development within the Town of Southold. II. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. Page 64 August 2, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-487 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-488 CATEGORY: Employment DEPARTMENT: Accounting Authorize and Direct Town Clerk Elizabeth Neville to Advertise for a Part-Time Clerk-Typist In the Trustees Office RESOLVEDauthorizes and directs Town Clerk that the Town Board of the Town of Southold hereby Elizabeth Neville to advertise for a part-time clerk-typist in the Trustees Office, not to exceed 17 ½ hours per week. Vote Record - Resolution 2005-488 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Vote Record - Motion to Recessed to hold a public hearing number 1. ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Voter ? Adopted ?????????? Defeated Thomas H. Wickham Voter ?? Withdrawn ???????? John M. Romanelli Voter ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Initiator A LOCAL LAW IN RELATION TO THE ARCHITECTURAL Public Hearing # 1 to enact " REVIEW COMMITTEE " PUBLIC HEARINGS Public Hearing #1 "A LLRARC" OCAL AW IN ELATION TO THE RCHITECTURAL EVIEW OMMITTEE Page 65 August 2, 2005 Town of Southold Board Meeting SOUTHOLD TOWN BOARD PUBLIC HEARING August 2, 2005 8:00 P.M. “A LOCAL LAW IN RELATION TO THE ARCHITECTURAL REVIEW COMMITTEE” NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 12th day of July, 2005, “A Local Law in Relation to the Architectural Review Committee”, a Local Law entitled now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main hold Road, Southold New York on the 2nd day of August, 2005 at 8:00 p.m., at which time all interested persons will be given an opportunity to be heard. “Local Law in Relation to the Architectural Review Committee”, This proposed reads as follows: Local Law No. _________ I. Purpose - The purpose of this Local Law is to require that all residential site plan applications be referred to the Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the requirement that members of the committee be appointed from each hamlet, and require that members be appointed from the Town of Southold at large. This Local Law creates the position of Fishers Island liaison to the committee, to assist with Fishers Island matters. These changes in the composition of the committee are intended to enable the committee to function more effectively. II. Code Amendment § 100-258. Architectural Review Committee. A. The Architectural Review Committee shall consist of five nine members appointed by the Town Board to serve at the pleasure of the Board without compensation. If possible, the members of the Committee shall be appointed from the following categories: Two members of the committee shall be architects or landscape architects, one member shall be from the Landmark Historic Preservation Commission, and the remaining members shall be appointed from the Town at large. In addition, there shall be a Fishers Island resident appointed as a liaison to the committee to assist with Fishers Island applications. and 10 members shall be appointed from the hamlets of the Town. The hamlet members shall vary and shall sit only on the site plans which are proposed in their hamlet. The hamlet members shall be from the following areas: two Page 66 August 2, 2005 Town of Southold Board Meeting from Fishers Island, two from Orient/East Marion/Greenport, two from Southold/Peconic, two from New Suffolk/Cutchogue and two from Mattituck/Laurel. [Amended 10-3-1995 by L.L. No. 20-1995] B. The term of office of the Architect and Landmark Historic Preservation Commission members of the Committee shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-year terms, respectively. The hamlet at large members shall be appointed for two-year terms, with the first appointments to be appointed for a one- and two-year term, respectively. § 100-257. Architectural review standards. Site plans, including Residential Site Plans, shall be reviewed for conformance with the following criteria: § 100-259.1. Standards for residential site plans. B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. C. Within ten (10) days after completion of the SEQRA review, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within ten (10) business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee view. B.D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 100-254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. C.E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § A106-11B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. D.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. E.G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter A106, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 100-259.1B, C and Page 67 August 2, 2005 Town of Southold Board Meeting D herein supersede and amend New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. F. H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. G.I. Planning Board authority to vary requirements for setbacks, building length and separation and courts. III. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. COUNCILMAN WICKHAM: But as I just stated in the purpose here, the purposes of this are to clearly confer responsibility to the Architectural Review Committee, to review the buildings in residential site plans not only the commercial type site plans. And also to revise the membership of the Committee, that is all. I have a note here from Jerilyn Woodhouse, the Chair of the Planning Board, ‘In response to your request for comments regarding the proposed changes to this local law, the Planning Board has reviewed the revised legislation and supports the amendments.’ It has appeared as a legal on the newspaper and also out here on the Town Clerk’s bulletin board and the comment from the county is that this is not a matter that requires their involvement. I believe that is all and it is open to the public if anyone would like to address the Board on this public hearing. Yes, sir, Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Junior, Southold. I see a couple of things that concern me about this and I guess I have to preface this by first asking a question. What is the definition of residential site plan? Is it a site plan similar to the type of site plan that happened on HD property with Founders Village or is it all subdivision of residential property? COUNCILMAN WICKHAM: A subdivision is different from a site plan. So, a subdivision means the property is subdivided into individual parcels owned by different people. A residential site plan is one large parcel that has not been subdivided, it is still held in one ownership. There may be a number of homes on it but it is one large parcel. MR. NICKLES, JR.: Okay, so it is not going to apply to subdivision at all? COUNCILMAN WICKHAM: This law does, what we are doing tonight has no applicability to subdivisions. Page 68 August 2, 2005 Town of Southold Board Meeting MR. NICKLES, JR.: So under 100-257 E, affordable housing requirement, every new site plan, so that is going to be not a subdivision, it is any new site plan similar to a Founders Village style, where there is no subdivision of land but there is multiple units being approved on a property… COUNCILMAN WICKHAM: That situation would come to the Architectural Review only of the buildings but not of the site layout. TOWN ATTORNEY FINNEGAN: That requires residential site plan. MR. NICKLES, JR.: So it is requiring that the developer come in, not only with the request for the number of units that he proposes to put on a piece of property, affordable or otherwise, but also the design? At the application stage with the Planning Department should then be sent to the Architectural Review? COUNCILMAN ROMANELLI: Yes and no on that. I mean, he needs to come in with them, he can’t get past a certain point without those drawings. He can’t get past, you can’t get your final approval until the Architectural Review sees your architectural details. So, you don’t necessarily need to come in day one with that but you are not going to get to the end. MR. NICKLES, JR.: Okay. Is it fair to presume that this Board is looking at this now because of the potential for HALO zones looking at transferring density into the hamlets where there might be some residential site plans? Or is that, am I going too far, asking that question? COUNCILMAN ROMANELLI: No, I think it came about because we have some HD property in this town that is potential development that could be turned into residential, you know, residential site plan type units. Where they are not subdivided lands, where they are built into like a Founder’s Village, you brought it up, type setting and the potential is out there so we are trying to be ahead of that curve ball. COUNCILMAN WICKHAM: Let me speak for myself. If it is one building, you can understand and if it slips a little bit, that is not too bad; but in a residential site plan, there is a potential for 100 buildings and if they get them bad, it has a tremendous impact on the community. So we thought it was appropriate to give the Architectural Review Committee or to propose in this law, the Architectural Review Committee have the opportunity to review the architectural design. MR. NICKLES, JR.: And the Planning Board would still make the final decision? COUNCILMAN WICKHAM: Yes. COUNCILMAN ROMANELLI: Yes. MR. NICKLES, JR.: Yes. Okay. I have then just two concerns. As with the process of business property, I think that one concern is that when you have an Architectural Review Board Page 69 August 2, 2005 Town of Southold Board Meeting that makes certain recommendations to increase architectural quality, while probably appealing to the eye does certainly have a cost that is being levied on the property owner. That is a concern of mine because I think that type of added bureaucracy can increase the potential cost of living in the Town and making things more expensive to be done. The other concern that I have is that once we go into residential site plan, you know, it, I don’t know, Tom-what is it, 15 years since we first had the Architectural Review Committee? COUNCILMAN WICKHAM: Ten. MR. NICKLES, JR: It is 10? Okay. I can vision five years or ten years out where we will be looking at Architectural Review for single and separates and I think that this is one of the things that bothers me a little bit about this is that I think that that’s probably, this is a stepping stone to there. And I think that once you these types of things in motion, another government somewhere at some point in the future is going to tighten it up a little bit more and that’s my main concern and I think that Architectural Review Committee’s, while they can be very helpful with large scale businesses that come into town that not necessarily have the best interests of our town in mind, such as a CVS, I think that is quite helpful…do you have comments? COUNCILMAN ROMANELLI: I was saying, a Burts Reliable… MR. NICKLES, JR.: I think that it can be quite helpful, especially when you are dealing with multi-billion dollar powerhouses that come into town and be able to regulate them so that they look the way that we want them to. The problem, which I have always had, is that unfortunately, when you create a new regulation and it is going to trickle down and affect the little guy, too. And I think that the little person has much more difficult time getting past site plan, getting past recommendations given by the Architectural Review Board to the Planning Board that they think is appropriate and I think that it is just an added cost, built in cost that you are creating for the Town that is likely to only increase if you pass this law. Thank you. SUPERVISOR HORTON: Thank you very much, Mr. Nickles. MR. NICKLES, JR.: And I appreciate the professional manner in which you all displayed yourselves taking the beating you took tonight. I think that some of it was unwarranted. That is separate from the hearing. Thank you. SUPERVISOR HORTON: But listen, if you want to get back up and talk about that, please feel free. If you want to issue some compliments, Mr. Nickles, the floor is open. No, but thank you very much for your comments on this particular proposed law. Would anybody else care to address the Board on this matter? (No response) Then we will close the hearing. * * * * * Page 70 August 2, 2005 Town of Southold Board Meeting Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ???????? Daniel C. Ross Seconder ? Adjourned ???????? Thomas H. Wickham Voter ?? Closed ???????? John M. Romanelli Voter ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Initiator 2005-489 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact “A Local Law In Relation to the Architectural Review Committee”. WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New “A Local Law in Relation to the York on the 12th day of July, 2005, a Local Law entitled Architectural Review Committee”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDenacts the following Local Law: that the Town Board of the Town of Southold hereby LOCAL LAW NO. __12__ - 2005 “A Local Law in Relation to the Architectural Review Committee” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this Local Law is to require that all residential site plan applications be referred to the Architectural Review Committee for their recommendations. Further, this Local Law will eliminate the requirement that members of the committee be appointed from each hamlet, and require that members be appointed from the Town of Southold at large. This Local Law creates the position of Fishers Island liaison to the committee, to assist with Fishers Island matters. These changes in the composition of the committee are intended to enable the committee to function more effectively. II. Code Amendment § 100-258. Architectural Review Committee. A. The Architectural Review Committee shall consist of five nine members appointed by the Town Board to serve at the pleasure of the Board without compensation. If possible, the members of the Page 71 August 2, 2005 Town of Southold Board Meeting Committee shall be appointed from the following categories: Two members of the committee shall be architects or landscape architects, one member shall be from the Landmark Historic Preservation Commission, and the remaining members shall be appointed from the Town at large. In addition, there shall be a Fishers Island resident appointed as a liaison to the committee to assist with Fishers Island applications. and 10 members shall be appointed from the hamlets of the Town. The hamlet members shall vary and shall sit only on the site plans which are proposed in their hamlet. The hamlet members shall be from the following areas: two from Fishers Island, two from Orient/East Marion/Greenport, two from Southold/Peconic, two from New Suffolk/Cutchogue and two from Mattituck/Laurel. [Amended 10- 3-1995 by L.L. No. 20-1995] B. The term of office of the Architect and Landmark Historic Preservation Commission members of the Committee shall be three years, provided that those members first appointed shall be appointed for one-, two- and three-year terms, respectively. The hamlet at large members shall be appointed for two- year terms, with the first appointments to be appointed for a one- and two-year term, respectively. § 100-257. Architectural review standards. Site plans, including Residential Site Plans, shall be reviewed for conformance with the following criteria: § 100-259.1. Standards for residential site plans. B. SEQRA Review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. C. Within ten (10) days after completion of the SEQRA review, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within ten (10) business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee view. B.D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 100- 254H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 58. C.E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § A106-11B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. D.F. Park and recreation requirement. The provisions of § A106-60 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. E.G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter A106, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this Page 72 August 2, 2005 Town of Southold Board Meeting chapter. Pursuant to Municipal Home Rule Law § 10, § 100-259.1B, C and D herein supersede and amend New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. F. H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. G.I. Planning Board authority to vary requirements for setbacks, building length and separation and courts. III. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. COUNCILMAN EDWARDS: I vote yes and I just do want to comment in response to what Mr. Nickles said, he makes an excellent point that this is not intended to apply to single and separates but when we are looking at projects as large as the one in Cutchogue, which will to some extent redefine the hamlet, I think it is reasonable to have the Architectural Review Committee have a look at this before the Planning Board makes a final decision. That really was my primary, that is why I am in support of extending it to residential site plan. I certainly would never want to see it apply to single and separates. SUPERVISOR HORTON: Yes and I want to thank Councilman Wickham, Councilman Edwards and the other members of the Code Committee, Planning Department, Architectural Review Committee and the Planning Board for working on this. I think this will achieve enhancements moving forward for large scale projects. I think that is important. And that being said, I also want to thank those of you who have stayed the duration of this meeting. It means a lot to us sitting up here. I can tell you that. And I thought Mrs. Egan hit it right on the head tonight, which is, you are here for your issue but there are other issues that are important as well. And so thank you for staying and thank you for participating in this meeting this evening. Vote Record - Resolution 2005-489 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Seconder ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 73 August 2, 2005 Town of Southold Board Meeting Vote Record - Motion to Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent William P. Edwards Voter ???? Daniel C. Ross Voter ???????? ? Adopted ?? Defeated Thomas H. Wickham Voter ???????? ?? Withdrawn John M. Romanelli Voter ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Initiator ???????? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:15 P.M. SUPERVISOR HORTON: This meeting is adjourned. Thank you for attending. * * * * * * * Elizabeth A. Neville Southold Town Clerk Page 74