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HomeMy WebLinkAboutTB-08/16/2005 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 16, 2005 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 16, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 4:30 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 Absent 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 Patricia A. Finnegan Town of Southold Town Attorney Present Statements OPENING STATEMENTS SUPERVISOR HORTON: Before we get started, I have a brief presentation I would like to make and I would like to ask Town Clerk Betty Neville to step forward with me. Betty Neville has been our Town Clerk for quite some time and over the past two to three years Betty made a major effort to revolutionize the Town Clerk’s office and how we collect data, maintain that data and make it available to the public as well as dealing with many of our (inaudible) and recently the Town Board on a number of cases has recognized Betty, she has brought in numerous grants that have enabled us to invest in new technical equipment to help better achieve these goals for archiving information. But recently Betty has been acknowledged by a larger organization, much larger than the Town of Southold itself and I would like to read the letter and take the opportunity, Betty, to congratulate you. ‘Dear Mr. Horton, Elizabeth A. Neville, the Town Clerk of the Town of Southold, New York, has earned the designation of Certified Municipal Clerk, which is awarded by the International Institute of Municipal Clerks, Incorporated. IIMC grants CMC designation only to those municipal clerks who meet the demanding education requirements and who have a record of significant contributions to the local government, their Page 1 August 16, 2005 Town of Southold Board Meeting community and state. The International Institute of Municipal Clerks, founded in 1947, has 10,300 members throughout the United States, Canada and 15 other countries. The mission of this global, non-profit corporation is to enhance the education opportunities and professional development of its diverse membership. In light of the speed and drastic nature of change these days, life-long learning is not only desirable, it is necessary for all in local government to keep pace in growing demands and changing needs of the citizens that we serve. Your city can take immense pride in Elizabeth’s educational accomplishments and achievement of this milestone. On behalf of the IIMC Board of Directors, I am honored to endorse the conferring of CMC to Elizabeth A. Neville, your Town Clerk. We share your pride in this achievement and we applaud your support in the goal Elizabeth plays in your city.’ Betty, congratulations. TOWN CLERK NEVILLE: I would just like to take this opportunity to thank the Supervisor and the Town Board for the opportunity to be able to accomplish what I have with Records Management in the Town of Southold, in order to better serve all of the people in the Town. SUPERVISOR HORTON: We have a number of policy reports and public notices and communications available for the public review at the Town Clerk’s Office, which is open 8:00 AM through 4:00 PM, Monday through Friday. In addition, we have a number of series of portions of the public meeting that are dedicated to, for public input. Prior to voting on any of the resolutions, we will offer the floor to the public to address resolutions that are on the printed agenda. In addition, we have a public hearing on this evening, I believe this evening’s public hearing pertains to Historic, Landmark Preservation Code and at the, prior to the conclusion of the meeting this evening, we will also open the floor for the public to address the Town Board on town related matters. With that being said, we ask that when you do address the Town Board, you do so from one of the two microphones located at the front of the room and state your name and place of residence into the microphone so that we can incorporate that as part of our public record. In moving forward, I would ask for an approval of the audit. At this point, I open the floor, would anybody care to address the Board on resolutions that we have on this evening’s agenda? That would be resolutions 491 through 509. Yes, Mrs. Egan. JOAN EGAN: Good evening Mr. Horton, Mr. Edwards, Mr. Ross, Mrs. Evans, Mr. Wickham, Mrs. Neville and the lady who doesn’t answer the telephone, Mrs. Finnegan. And all my friends here. On the front page of course, you do have, you did review Justice Court, you only do that for the money, right? Not for what is happening to our town. Shame, shame. Now the public notices there, these were all reviewed at your meeting about liquor authority and licenses applications? SUPERVISOR HORTON: Those are public notices that are sent to the Board, either via courtesy or law or policy and those notices generally also appear in the newspaper. MS. EGAN: Good. Now, item 2005-493, you have another letter of resignation from a public safety dispatcher and I think most of these changes at the police department and other places is because of the terrible union contract that you gave them and you know that as well as I do. Page 2 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Actually, in regard to that, it is a point that was made this morning, not that there is a terrible contract in place but the fact that Suffolk County has a much more competitive salary for public safety dispatchers, so the issue of addressing that salary to make sure we are more competitive with the county, so we can have a higher retention rate, is before the Board and with the union now. MS. EGAN: I also noticed that many town employees are taking, union people, are taking their time off, their vacation days, their sick days and all of that, so because again, of the terrible union contract that you gave them… SUPERVISOR HORTON: Mrs. Egan, are there resolutions that you would like to address? MS. EGAN: ….those negotiations while no benefits, right, okay. Now, item 2005-495. Now certainly I would love to see a lot of money go to the Juvenile Aid Bureau and unfortunately I think the budget is rather, rather short in regard to the police department because the money’s that should have been there unfortunately had to go to the marine division when they did not take care of their boat properly. And of course, now we are in a crunch in regard to what you enacted out there at the Cross Sound Ferry and it was thought that you would get monies back from the Homeland Security and I don’t think you will. I would hope that you will, if not, then you of course, the Town again… SUPERVISOR HORTON: Mrs. Egan, are there other resolutions? MS. EGAN: ….yeah, yes, yes, yes. Don’t rush me. Now, oh, yes. Item 2005-499, again, changes at the Human Resource Center and you keep pushing and telling me that they are doing a good job up there and they are not. There has to be something wrong when personnel gets changed so very, very many times. Now, item 2005-503. That is the seminar. Now, most unfortunately, I have had and other people have had, I believe I sent you a letter in regard to Ms. Barbara Rudder. I have never, ever been treated as rudely…. SUPERVISOR HORTON: Mrs. Egan… MS. EGAN: …she should not be sent out unless she gets a wakeup call to mind her manners or else she will disgrace the Town of Southold when she goes up there. SUPERVISOR HORTON: Mind you, this Town probably would not function without Barbara Rudder. She is an outstanding employee of this Township. Are there other resolutions you would like to address? MS. EGAN: Well, well….I am not saying that she doesn’t do her… SUPERVISOR HORTON: Mrs. Egan, are there other resolutions that you would like to address? MS. EGAN: …but she is a public servant and she should respect anybody who calls there and she doesn’t. I called again today and she was rude… Page 3 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Mrs. Egan, are there other resolutions? MS. EGAN: Yes, there are. SUPERVISOR HORTON: Please address them. MS. EGAN: You don’t like to hear the truth, do you, Mr. Horton? SUPERVISOR HORTON: I know that they have locked the door on several occasions because you have come in to harass them. MS. EGAN: Now we have this 2005-507, now again, all of $2,600,000 for the Animal Shelter, which is ridiculous, god only knows when it will ever be done and nothing for the homeless. Now, there was another one here, I think it was in regard to Mrs. Finnegan. SUPERVISOR HORTON: Well, why you are looking, I will turn the floor, ask if anybody else has resolutions they would like to address. MS. EGAN: No, no. I will continue. I believe Mrs. Finnegan is going to some seminar or something and I don’t think that that’s necessary. Let her stay home and do her job and answer the telephone. SUPERVISOR HORTON: Mrs. Egan, please. Please refrain from berating our employees. Would anyone else care to address the Board on resolutions? Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. This is resolution 2005-508. I was just curious about the wording of the resolution. Is the petition for annexation submitted by KACE or by the Village of Greenport? SUPERVISOR HORTON: The annexation petition is submitted by KACE because if it was submitted by the Village of Greenport, we wouldn’t, I don’t think, correct me if I am wrong, Pat, I don’t think we would be legally obligated to have a public hearing on it, since it was, the petition was submitted by the property owner, or the corporation that owns the property, the Town Board is legally required to hold a public hearing on the matter and I think if the Town Board does not hold a public hearing, then more or less by default the property is considered annexed to the Village. MS. NORDEN: Okay. And under what conditions can a property owner submit such a request? I mean, can the property be any size or….? SUPERVISOR HORTON: No, I don’t think it deals with size, I think it is specific to it being adjacent to a neighboring municipality. In this instance, their petition states that that property is surrounded on three sides by Village property. The property actually is sort of wedged-shaped and does…. Page 4 August 16, 2005 Town of Southold Board Meeting MS. NORDEN: Right. SUPERVISOR HORTON: It is not close to the heart of the Village by any stretch of the imagination but it does sort of wedge into Moore’s woods. MS. NORDEN: So that property has to be contiguous, essentially. TOWN ATTORNEY FINNEGAN: That’s particular to their petition. Whether it has to be contiguous, I mean, I think another person could attempt to file a petition but I don’t you know… MS. NORDEN: So anybody actually could, a land owner could regardless of whether the property… SUPERVISOR HORTON: I am not sure if we would be legally bound to hear it, if they weren’t contiguous with the Village but if they are contiguous with the Village, I believe we are required to at least conduct a hearing. MS. NORDEN: Right and I also understand that the Village has also appealed for lead agency status. SUPERVISOR HORTON: That is correct. MS. NORDEN: So how is this ultimately, will it be resolved? SUPERVISOR HORTON: Well, what we expect, our resolution states that we feel we should be, the Town should be lead agency. MS. NORDEN: I concur. SUPERVISOR HORTON: We are also, I will note that…. MS. NORDEN: It is rare that that happens, right? SUPERVISOR HORTON: Actually, not as rare as you think. In the event that the municipalities do not agree or can’t reach a conclusion jointly, then the Commissioner of the Department of Environmental Conservation of New York State makes that determination and the Board is actually realized that both municipalities are going to remain locked in their position of wanting to be lead agency, so we are open to the DEC’s ruling on that. MS. NORDEN: Great. Thank you very much. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board on specific resolutions? (No response) Okay, then we will proceed, commencing with resolution 491. Councilman Edwards, please. Page 5 August 16, 2005 Town of Southold Board Meeting I. REPORTS Subject Details 1. Southold Town's Program for the Disabled July 2005 2. Southold Town Trustees Monthly Report July 2005 3. North Fork Animal Welfare League, Financial 2nd Quarter ended 6/30/05 & 6/30/04 Statement 4. Southold Town Justice Court, Bruer July 2005 II. PUBLIC NOTICES Subject Details 1. Notification of Alteration Permit to NYS Liquor Gerard Hayden (currently Coeur de Vigne Authority Restaurant) 57335 Main Road, Southold. 2. Notification of Liquor License Renewal with Pepi's Restaurant NYS Liquor Authority 3. Notification of New Liquor License Application Elements of Nature, Michael Miller, President with NYS Liquor Authority 56125 Main Road, Southold III. COMMUNICATIONS IV. FOR DISCUSSION Subject Details 1. Comprehensive Plan for Southold Town 2005 - Draft 2. Proposed Resolutions Re East Marion/Orient 9:30 a.m. - Jamie Richter, Engineer and Neb Causeway Project Brashich, Transportation Commission 3. TDR Halo Zones 4. DOT/Overflow Parking At Orient Point per Councilman Edwards 5. Proposed Local Law Boats & Recreational Storage and Parking of Boats & Recreational Vehicles Vehicles 6. Cablevision Complaint per Assistant Town Attorney Corcoran 7. Request for Retaining $5000 Park & Playground Subdivision of Bertha Pawluczyk Fee V. RESOLUTIONS 2005-491 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Accept the Road Dedication of Summit Estates In East Marion WHEREAS , Gusmar Realty Corporation has made application to the Town Board of the Town of Southold to dedicate certain roads in East Marion, New York, to be known as SUMMIT Page 6 August 16, 2005 Town of Southold Board Meeting LANE, MARINA LANE, and GUS DRIVE, and also RECHARGE BASIN and DRAINAGE EASEMENT, as shown and designated on the subdivision maps entitled Map of Summit Estates, Section One, filed in the Office of the Clerk of the County of Suffolk on November 4, 1993 as Map No. 9426, Map of Summit Estates, Section Two, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10768, and Map of Summit Estates, Section Three, filed in the Office of the Clerk of the County of Suffolk on May 21, 2002 as Map No. 10769, together with the release executed by the owner thereof; and WHEREAS , the Southold Town Superintendent of Highways has inspected the said highways, recharge basin and drainage easement and has advised the Town Board that said proposed highways and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED , that in accordance with Section 171 of the Highway Law of the State of New consent be, and the same hereby is, given to the Superintendent of Highways to make York, an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application ; and be it RESOLVEDthe Town Clerk be, and she hereby is, authorized and FURTHER , that directed to forthwith cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. Vote Record - Resolution 2005-491 ? 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 2005-492 CATEGORY: Surplus Equipment Page 7 August 16, 2005 Town of Southold Board Meeting DEPARTMENT: Data Processing Declare Equipment to be Surplus Equipment, Authorize and Direct Town Clerk to Advertise Same for Sale RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: Computer Asset No.: = 2464 Class: = 044 ComputerAsset No.: = 2452 Class: = 044 ComputerAsset No.: = 2449 Class: = 044 ComputerAsset No.: = 2453 Class: = 044 ComputerAsset No.: = 2451 Class: = 044 ComputerAsset No.: = 2458 Class: = 044 ComputerAsset No.: = 2459 Class: = 044 ComputerAsset No.: = 2455 Class: = 044 ComputerAsset No.: = 2454 Class: = 044 ComputerAsset No.: = 2463 Class: = 044 ComputerAsset No.: = 2461 Class: = 044 ComputerAsset No.: = 2457 Class: = 044 ComputerAsset No.: = 2460 Class: = 044 ComputerAsset No.: = 2466 Class: = 044 ComputerAsset No.: = 2462 Class: = 044 ComputerAsset No.: = 2467 Class: = 044 ComputerAsset No.: = 2456 Class: = 044 ComputerAsset No.: = 2465 Class: = 044 ComputerAsset No.: = 2311 Class: = 044 ComputerAsset No.: = 2338 Class: = 044 ComputerAsset No.: = 2385 Class: = 044 ComputerAsset No.: = 2384 Class: = 044 ComputerAsset No.: = 2387 Class: = 044 ComputerAsset No.: = 2386 Class: = 044 ComputerAsset No.: = 2383 Class: = 044 ComputerAsset No.: = 2382 Class: = 044 ComputerAsset No.: = 2337 Class: = 044 ComputerAsset No.: = 2341 Class: = 044 ComputerAsset No.: = 2339 Class: = 044 ComputerAsset No.: = 2340 Class: = 044 ComputerAsset No.: = 2487 Class: = 044 ComputerAsset No.: = 2532 Class: = 044 ComputerAsset No.: = 2501 Class: = 044 ComputerAsset No.: = 2535 Class: = 044 ComputerAsset No.: = 2281 Class: = 044 ComputerAsset No.: = 2282 Class: = 044 Printer Asset No.: = 1651 Class: = 046 Page 8 August 16, 2005 Town of Southold Board Meeting Printer Asset No.: = 1651 Class: = 046 Printer Asset No.: = 1614 Class: = 046 Printer Asset No.: = 1708 Class: = 046 Printer Asset No.: = 2504 Class: = 046 Scanner Asset No.: = 2091 Class: = 040 RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. Vote Record - Resolution 2005-492 ? 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 2005-493 CATEGORY: Employment DEPARTMENT: Police Dept Accept the Letter of Resignation of Robert J. Harney From His Position As a Public Safety Dispatcher for the Southold Town Police Department RESOLVEDhereby accepts the letter of that the Town Board of the Town of Southold resignation of Robert J. Harney from his position as a Public Safety Dispatcher for the Southold Town Police Department, effective Wednesday, August 31, 2005. SUPERVISOR HORTON: We wish Mr. Harney and his family well. Vote Record - Resolution 2005-493 ? 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 2005-494 Page 9 August 16, 2005 Town of Southold Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Authorize and Direct Supervisor Joshua Y. Horton to Execute Agreements with Individuals for the Fall 2005 Recreation Programs RESOLVEDauthorizes and directs that the Town Board of the Town of Southold Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the fall 2005 recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2005 instructor line A7020.4.500.420. Martine Abitbol (French Cooking)................................................... $25/hour Antoinette Beck-Witt (drawing class).............................................. $25/hour Sara Bloom (memoir writing)........................................................... $25/hour Thomas Boucher (guitar)................................................................. $30/hour Eugenia Cherouski (folk dancing)................................................... $25/hour Custer Institute (stargazing)............................................................. $45/person Shirley Darling (tennis)................................................................… $30/class Jules DeVito (Hula Dance).............................................................. $25/hour Martha Eagle (Aerobics).................................................................. $30/hour East End Insurance Services (Defensive Driving)............................ $30/person Susan Fitzgerald (sewing class)..................................................... $25/hour Mike Furst (beginner computer)....................................................... $25/hour Dan Gebbia (dog obedience).......................................................… $55/dog Carol Giordano (Baton)................................................................... $25/class Dave Haurus (golf lessons)........................................................... $50/person Hidden Lake Farms (Horseback Riding)......................................... $230/person Rosemary Martilotta (hatha yoga)………………………………… $55/class Susan Merrie (frame drumming)..................................................... $25/hour Jim Mikelbank (youth basketball)………………………………… $25/hour Mark Parson (golf lessons)........................................................... $50/person Theresa Pressler (youth programs)................................................ $25/hour Riverside Gymnastics (youth gymnastics)..................................... $60/person Laurie Short (aerobics classes)......................................................... $25/hour Steve Smith (weight training)........................................................... $25/hour Touch Dancing Studios (ballroom)................................................... $48/person US Coast Guard Auxiliary Flotilla 18-8 (GPS).............................. $35/person Garance Werthmuller (Monoprinting).............................................. $25/hour Page 10 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-494 ? 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 2005-495 CATEGORY: Budget Modification DEPARTMENT: Police Dept Modify 2005 Juvenile Aide Bureau Budget RESOLVED modifies the GF-WT that the Town Board of the Town of Southold hereby Juvenile Aide Bureau 2005 budget, as follows: TO: A.3157.1.100.300 JAB, P.S., F-T Employees Vacation Earnings $83,614.82 A.3157.1.100.400 JAB, P.S., F-T Employees Sick Earnings $87,103.48 FROM: A.3120.1.100.300 Police, P.S., F-T Employees Vacation Earnings $45,000.00 A.3120.1.100.400 Police, P.S., F-T Employees Sick Earnings $65,000.00 A.3120.1.600.500 Police, P.S., Misc. Retirement Reserve $60,718.30 SUPERVISOR HORTON: Just as a point of clarification, this pertains to the retirement of Detective Dzenkowski and those monies were budgeted in the vacation, sick and retirement funds of the Police Department. Page 11 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-495 ? 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 2005-496 CATEGORY: Legislation DEPARTMENT: Supervisor Memorial Resolution Requesting Suffolk County Executive to Approve Suffolk County Legislature Resolution No. 1647 of 2005 WHEREAS , Suffolk County Legislators Michael Caracciolo and Jay Schneiderman sponsored a law entitled "A Charter Law to Provide for Fair and Equitable Distribution of Public Safety Sales and Compensating Use Tax Revenues" (Resolution No. 1647 of 2005); and WHEREAS , numerous public hearings were held before the Budget and Finance Committee of the Suffolk County Legislature with testimony provided by numerous East End Town Supervisors and Village Mayors; and WHEREAS , the Suffolk County Legislature, at its meeting held on August 9, 2005, adopted the above-referenced legislation, which will now provide for the fair and equitable distribution of public safety sales and compensating use tax revenues to those Towns and Villages not utilizing the services of the Suffolk County Police Department, namely, all of the East End Towns and Villages; and RESOLVED NOW, THEREFORE BE IT that the Town Board of the Town of Southold hereby requests that the Suffolk County Executive approve the above-cited legislation ; and be it Page 12 August 16, 2005 Town of Southold Board Meeting RESOLVEDdirected to forward a copy of this Resolution FURTHER that the Town Clerk is to Suffolk County Executive Steve Levy and the members of the Suffolk County Legislature. Vote Record - Resolution 2005-496 ? 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 2005-497 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Authorize the Modification of the 2005 General Fund, Whole Town Budget for Code Book and Updates RESOLVEDmodifies the General Fund, that the Town Board of the Town of Southold hereby Whole Town_2005 budget as follows: To: A.1010.4.100.125 Town Board C.E. Code Updates & Law Books $15,000.00 From: A.9901.9.000.300 Transfers to Other Funds Transfers to Risk Retention Fund $15,000.00 Vote Record - Resolution 2005-497 ? 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 Page 13 August 16, 2005 Town of Southold Board Meeting 2005-498 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Accept the Road Dedication of Rockcove Estates WHEREAS , East of Eden, LLC has made application to the Town Board of the Town of Southold to dedicate certain roads in Greenport, New York, to be known as SOUND DRIVE, INLET POND ROAD, ROCKCOVE LANE, CAIOLA COURT and also RECHARGE BASIN, as shown and designated on the subdivision maps entitled Map of Rockcove Estates, filed in the Office of the Clerk of the County of Suffolk on June 11, 2001, as Map No. 10637, together with the release executed by the owner thereof; and WHEREAS , the Southold Town Superintendent of Highways has inspected the said highways and recharge basin and has advised the Town Board that said proposed highways and land complies in all respects with the specifications for the dedication of highways and drainage in the Town of Southold; now therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New consent be, and the same hereby is, given to the Superintendent of Highways to make York, an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application ; and be it FURTHER RESOLVEDauthorized and directed to forthwith that the Town Clerk be, and she hereby is, cause the dedication, release and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York. Page 14 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-498 ? 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 2005-499 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accept the Resignation of Peggylee Dzenkowski From the Position of Full-Time Temporary Cook RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Peggylee Dzenkowski from the position of full-time temporary Cook at the Human Resource Center effective August 26, 2005. Vote Record - Resolution 2005-499 ? 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 2005-500 CATEGORY: Employment DEPARTMENT: Accounting Amend Colin Volinski Pay Rate RESOLVEDamends resolution 2005- that the Town Board of the Town of Southold hereby 476, adopted at the August 2, 2005 regular Town Board meeting to read as follows : RESOLVED that the Town Board of the Town of Southold hereby appoints Colin Volinski to the position of Student Intern I in the Southold Town Clerk Records Management office, at a rate $10.49 per hour of $10.54 , effective August 3, 2005 Page 15 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-500 ? 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 2005-501 CATEGORY: Employment DEPARTMENT: Public Works Appoint Jeffery Standish to the Position of Deputy Director of Public Works RESOLVEDappoints Jeffery Standish that the Town Board of the Town of Southold hereby to the position of Deputy Director of Public Works , effective August 17, 2005, at a salary of $6,180.00 per annum. Vote Record - Resolution 2005-501 ? 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 2005-502 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Authorize Town Attorney to Attend the Joint Fall Meeting of the Municipal and Environmental Law Sections of the New York State Bar Association In Bolton Landing, NY, September 23-25, 2005 Page 16 August 16, 2005 Town of Southold Board Meeting RESOLVEDgrants permission toTown that the Town Board of the Town of Southold hereby Attorney Patricia A. Finnegan to attend the Joint Fall Meeting of the Municipal and Environmental Law sections of the New York State Bar Association in Bolton Landing, NY, September 23-25, 2005. All expenses for registration, travel and lodging to be a legal charge to the 2005 Town Attorney budget (meetings and seminars). Vote Record - Resolution 2005-502 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Initiator ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-503 CATEGORY: Attend Seminar DEPARTMENT: Accounting Grant Permission to Barbara Rudder and Janice Foglia to Attend a Mandatory Meeting In to Hauppauge on August 24, 2005 RESOLVEDgrants permission to Barbara that the Town Board Town of Southold hereby Rudder and Janice Foglia to attend a mandatory meeting in to Hauppauge at the Suffolk County Department of Civil Service office on August 24, 2005 . All expenses to be charged to the Accounting Departments seminar line. Vote Record - Resolution 2005-503 ? 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 2005-504 CATEGORY: Legislation Page 17 August 16, 2005 Town of Southold Board Meeting DEPARTMENT: Town Attorney Determine that the Proposed Local Law Entitled “A Local Law In Relation to Amendments to the Preservation of Historic Landmarks Law” is Classified As a Type II Action RESOLVEDdetermines that the that the Town Board of the Town of Southold hereby proposed Local Law entitled “A Local Law in Relation to Amendments to the Preservation of Historic Landmarks Law” is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote Record - Resolution 2005-504 ? 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 2005-505 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development Authorize and Direct Supervisor Joshua Y. Horton to Execute an Agreement Between the Town of Southold and the NYS Department of State In Connection with the Implementation of the Town of Southold’s Local Water Revitalization Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute an Agreement between the Town of Southold and the NYS Department of State in connection with the Implementation of the Town of Southold’s Local Water Revitalization Program in the amount of $150,000.00 all in accordance with the approval of the Town Attorney. Vote Record - Resolution 2005-505 ? 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 Voter ?? Withdrawn ???????? Louisa P. Evans Initiator ???????? Joshua Y. Horton Voter Page 18 August 16, 2005 Town of Southold Board Meeting 2005-506 CATEGORY: Bond DEPARTMENT: Town Attorney Rescind Resolution #2005-471, Adopted At the August 2, 2005 Regular Town Board Meeting. RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, REPEALING, RESCINDING AND REVOKING THE SERIAL BOND RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN AT THE ESTIMATED MAXIMUM COST OF $2,600,000, ADOPTED BY THE TOWN BOARD OF SAID TOWN ON AUGUST 2, 2005. 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: herein called the The Town of Southold, in the County of Suffolk, New York ( “Town”), hereby repeals, rescinds and revokes the serial 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 ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.” This resolution shall take place immediately. Page 19 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-506 ? 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 2005-507 CATEGORY: Bond DEPARTMENT: Town Attorney Approve Bond Resolution Appropriating $2,600,000 for the Construction of a New Town Animal Shelter and Authorize the Issuance on Serial Bonds to Finance Said Appropriation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 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 is hereby authorized to construct a new Town animal shelter on the site of the “Town”), 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 Page 20 August 16, 2005 Town of Southold Board Meeting 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 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 Page 21 August 16, 2005 Town of Southold Board Meeting 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 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: Page 22 August 16, 2005 Town of Southold Board Meeting TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 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 16, 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” 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 issuance 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 Page 23 August 16, 2005 Town of Southold Board Meeting 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 SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Elizabeth A. Neville Town Clerk Page 24 August 16, 2005 Town of Southold Board Meeting 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. * * * Page 25 August 16, 2005 Town of Southold Board Meeting EXHIBIT “A” BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 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 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 16, 2005 Southold, New York SUPERVISOR HORTON: This is a bond issuance, bond resolution. I request a roll call vote. Town Clerk, please call the roll. Page 26 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-507 ? 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 2005-508 CATEGORY: Seqra DEPARTMENT: Town Attorney Determine that the Town of Southold Serve As Lead Agency for the SEQRA Review of the Petition for Annexation Submitted by KACE LI, LLC WHEREAS , the Town Board of the Town of Southold has received a Petition for Annexation (the “Petition”) submitted by KACE LI, LLC; and WHEREAS , the Board of Trustees of the Village of Greenport has proposed that it serve as lead agency for the environmental review of the Petition pursuant to SEQRA; BE IT HEREBY RESOLVED, that the Town Board of the Town of Southold preliminarily classifies the Petition as an Unlisted Action; and be it further RESOLVEDthe Town of , that the Town Board of the Town of Southold proposes that Southold serve as lead agency for the SEQRA review of the Petition, and hereby directs that the Town Clerk mail a copy of this proposal to the Village of Greenport and all other interested agencies; and be it further RESOLVED , that, in the event the Village of Greenport and the Town of Southold are unable to agree upon the lead agency determination with respect to the Petition, that the Town of Southold shall submit the issue to the Commissioner of the Department of Environmental Conservation for resolution pursuant to §617.6(b)(5) of the SEQRA Rules and Regulations. Page 27 August 16, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-508 ? 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 2005-509 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Accept Proposal of Island Structures Engineering, PC and Authorize and Direct the Supervisor to Sign Agreement RESOLVEDaccepts the Proposal of , that the Town Board of the Town of Southold hereby Island Structures Engineering, P.C. in the amount of $50,000 for engineering services to complete Phase “1-A” of the Orient Causeway Scenic Byways Project; and be it further RESOLVED,authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and Island Structures Engineering, P.C. in the amount of $50,000 for engineering services to complete Phase “1-A” of the Orient Causeway Scenic Byways Project, subject to the approval of the Town Attorney. SUPERVISOR HORTON: This initiative is borne out of a grant that the Town Board or the Town of Southold was awarded that would fund a feasibility study of burying or under- grounding the overhead wires that span the length of the Orient Causeway. This is phase I of that feasibility study that we are currently funding. Vote Record - Resolution 2005-509 ? 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 Page 28 August 16, 2005 Town of Southold Board Meeting 2005-510 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact Local Law Entitled “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 “ County, New York, on the 2nd day of August , 2005 a Local Law entitled A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law”; 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 Local Law that the Town Board of the Town of Southold hereby entitled, “A Local Law in relation to Amendments to the Preservation of Historic Landmarks Law” which reads as follows: LOCAL LAW NO. _13_ 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 Page 29 August 16, 2005 Town of Southold Board Meeting 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. SUPERVISOR HORTON: This is a local law and so I will call for a roll call vote. Town Clerk, please call the roll. Jim and I see Mrs. Murphy from the Landmark Preservation Commission both here. Thank you for bringing this to our attention and for helping us deal with this matter. MR. GRATHWOHL: You are very welcome and we thank you again for your support. SUPERVISOR HORTON: Indeed. Vote Record - Resolution 2005-510 ? 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 Page 30 August 16, 2005 Town of Southold Board Meeting 2005-511 CATEGORY: Employment DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise for Members of the Historic Preservation Commission. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for members of the Historic Preservation Commission. Vote Record - Resolution 2005-511 ? 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 Public Hearings Public Hearing #1 S5:00 P.M.,A16, 2005, STH, ATPP ET UGUST OUTHOLD OWN ALLS THE IME AND LACE FOR A UBLIC H“A LLIRAPH EARING ON OCAL AW N ELATION TO MENDMENTS TO THE RESERVATION OF ISTORIC LL” ANDMARKS AW HEARING ON “A LOCAL LAW IN RELATION TO AMENDMENTS TO THE PRESERVATION OF HISTORIC LANDMARKS LAW” 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 2nd day of August , “A Local Law in relation to Amendments to the Preservation of 2005 a Local Law entitled Historic Landmarks Law” , and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of hold a public hearing on the aforesaid Local Law at the Southold Southold will 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: 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 Page 31 August 16, 2005 Town of Southold Board Meeting 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. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective Date. This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State. COUNCILMAN WICKHAM: This local law has been noticed in the newspaper, it has appeared on the Town Clerk’s bulletin board outside and I have, I don’t believe I have any other communications about this. SUPERVISOR HORTON: Okay. Thank you, Councilman Wickham. Would anybody care to address the Board on this public hearing? JIM GRATHWOHL: Good afternoon, ladies and gentlemen. I am Jim Grathwohl, Chairman of the Landmarks Preservation Commission and I believe we have explained to you why we need it. I appreciate your concern and understanding in granting us the additional persons to help us do much more than previous commissions I think have done. So if there are any other questions or comments, I would be glad to answer them. Other than that, I again thank you very much for your support. SUPERVISOR HORTON: Thank you. Would anybody else care to address this public hearing? (No response) One thing that I would add outside of the public hearing is that we should probably authorize advertising for those two members this evening. That is assuming that we pass this. If there is nothing further on this public hearing, this hearing is declared closed. And we will move back to our resolutions. Page 32 August 16, 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 Initiator ???????? Joshua Y. Horton Voter TOWN BOARD APPOINTMENTS Subject Details 9:00 A.M. - North Fork Environmental Council re: IV-1 9:30 A.M Jamie Richter, Engineer & Neb RE: IV2 Proposed Resolutions Re East Brashich, Transportation Commission Marion/Orient Causeway Project EXECUTIVE SESSION Closing Statements SUPERVISOR HORTON: That brings us to the end of our resolutions. Now the floor is open to the public to address the Town Board on town related matters. FREDDIE WACHSBERGER: Thank you. Freddie Wachsberger, Southold Citizens for Safe Roads. At the work session today it seemed clear, I mean, I might be the only person who has all of the corporate memory about all of the suits and all of that stuff about Cross Sound Ferry as well as several spider infested boxes of documents in my shed and so to save you the trouble of going through your spider infested boxes of documents, I’ve made up a kind of (inaudible) history, as well as attached some of the relevant documents, so I would like to give these to you, Betty. If you could copy them and give one to each member of the Board… TOWN CLERK NEVILLE: I certainly will. MS. WACHSBERGER: …and the legal staff. SUPERVISOR HORTON: Actually, that is what I was going to request is that you, part of the Board’s discussion today was compiling the entire case history because there is, there are a lot of, there are, as you know, a number of components to this and different actions that were taken or not taken or defeated or supported by various courts and we are assembling that information now, so thank you. MS. WACHSBERGER: One of the results, of course, of the obfuscations and sort of avoidances and dancing and so forth that happened the past 20 years, I mean the history is actually shocking once I started writing it down; what has happened in 20 years. I think it is important to single Page 33 August 16, 2005 Town of Southold Board Meeting out a couple of really underlying issues of significance. And talking about getting some studies made. That is of course, the purpose of the, of SEQRA, the State Environmental Review Act. And there are thresholds under which site plans have to be designated. Type I, which means that it has probably or possibly a negative impact on the environment and when they talk about environment, they include all of the components of it. I know a lot you aren’t familiar with SEQRA, again, I have endless SEQRA documents and publications and I would be happy to share them with anybody. There are thresholds, which include not only affects on site but the affects of traffic on the community, the effects of air quality and innumerable different things. What is truly shocking is that this, the Cross Sound Ferry, which is now running, on its longest day it is running 46 vehicle ferry trips and carrying 1.3 million riders, has never undergone environmental review. Never. The Town has never made a positive declaration on this Connecticut companies undertaking. The last opportunity to do that was after the passenger ferry was brought in in 1995 and that was when Supervisor Wickham went to court to get an injunction against the ferry because they had not filed and had approved a site plan to accommodate the parking that was attendant on that passenger ferry. And they were asked to come in with an integrated site plan, which means that under SEQRA you are not supposed to come in piecemeal. Now there is this parking lot, now there is this parking lot. You are supposed to deal with the whole entity and the impact of the whole entity, so it is not supposed to be segmented. They did, just very simply, they did come in finally with a comprehensive site plan and it was declared a Type I and they did prepare a draft environmental impact statement and you went to a scoping session and at that point, they withdrew the application. And they came back a year later with only a parking lot, having eliminated the Fabus Trust, the residential parcel from this plan, they came in, came back and although all of the criteria, all the thresholds still counted and they are amazing thresholds, the parking is, the number of cars on site is well over the threshold for a Type I declaration. The position in a critical environmental area is a threshold for a Type I declaration. There are numerous others. Despite that, the Planning Board held a series of meetings and at the end of that, they declared that it was not Type I, that they did not need to do an environmental review. Since they did that, the year since they did that, the ferry traffic has doubled. They have brought in double the amount of boats that they were running at that time. This is a shocking history and if you talk to anybody in town governments anywhere else and say that this operation is going on without an environmental review, people can’t believe it, it is unheard of. So, this I think, is one of the most important things to be looking for. Now, when you have the opportunity because Cross Sound is operating at the moment, without a site plan, and in reference to the parking issue on the road, Cross Sound should be required to take reservations for its parking as it does in the New London site. And if they do that, they will have to come in with a site plan which delineates the parking spaces. The site plan that was approved by the Planning Board was approved for the first time, it is the first site plan as far as I know in the history of Southold Town that was approved without delineating the parking spaces. Once they delineate the parking spaces, anybody will be able to count them and know that they are well beyond the threshold for SEQRA review. It seems to me that an obvious course, since they are without a site plan and they never complied with the original one and they never complied with the one that was approved in 2000 or whenever it was; that they should be asked to come in with a site plan delineating the parking spaces so that they can take reservations for their parking. And the other thing that I wanted to mention is this myth of the ICC. From the very beginning and in fact, it is in your history. Frank Murphy was quoted when Page 34 August 16, 2005 Town of Southold Board Meeting the county and the state bought them, basically funded the new facility that they built in 1984 and it was brought before the ZBA and it is in the minutes of the ZBA hearing, that they said that this was not meant to be an increase, it was meant to be, it was not meant to be for increase it was meant to be for an improvement of the operation and, where was I going with this? SUPERVISOR HORTON: You were referring to the ICC. MS. WACHSBERGER: The ICC, right. Which is mythical. I mean, from the very beginning they said we can’t regulate the number of trips or the hours of traffic or the hours of travel, it is the ICC that regulates that. Well, as we now know, the ICC was eliminated several years ago. I don’t know how long ago, the late 80’s I think, and it is not clear even where that authority exists today. But always, that has been a myth. The ICC was just handed down and handed down until it became kind of mythologized in local mind. The Town always had the right to limit, I mean, now they are operating starting at 7:00 in the morning. I mean, what does that do to people who live on the Main Road? They are operating until 9:45 at night. The boats are now carrying 130 cars, so they come off in a stream of 130 cars. They are running at the same time in both directions, crossing. So, of course the Town has the right to do that and always did. So it seems to me that the two things that are essential for the Town to address now and you have the opportunity now, they don’t have a site plan now and this is a Connecticut company and we live here and Connecticut is driving itself crazy with this commercialization with casino and theme parks and god knows what, which is sending lots of money into Connecticut’s coffers and we are getting nothing out of this, we have an entirely different philosophy here, we want to keep a rural, quiet, peaceful way of life and we are being killed by Connecticut and by this company, this Connecticut company and there is an opportunity now, they have not complied with their site plan, their site plan has expired, you have every right as a town and I think a responsibility to the people of this town to legally pursue the site plan, a SEQRA and a limitation of the hours of travel and the number of vehicles that come through. Thanks. SUPERVISOR HORTON: Freddie, to, you were at this morning’s work session and you recall that toward the end of the work session we recessed, actually went into executive session and my question was why are we, what is the basis for entering into an executive session on this matter? And the discussion, the basis for the executive session discussion is precisely what you were addressing here this evening, the Town Board under legal counsel with our legal team, is reviewing, I shouldn’t say reviewing, it was laid out on the table for us what the various legal actions, steps, that the town can take and from a strategic point of view, what are the best, most effective steps to take in that process. The Town Attorney’s office is also going to convene with the Planning Board again in executive session to discuss legal strategy. So to that end, what was being discussed today is precisely what you raised here and which is also why the Town Attorney’s have been instructed to dust off the files and put a logical and effective strategy in place to address exactly what you are saying. Would anybody else care to address the Town Board? Yes, Ms. Tole. CATHY TOLE: Good evening. My name is Cathy Tole and I live in Greenport. You know, I, I don’t know, I dealt in preparation for a lot of different things throughout my several careers and I find it hard to believe that on such a huge issue as this, that has been brought to you and brought Page 35 August 16, 2005 Town of Southold Board Meeting to you and brought to you, that we are talking about dusting off files and we are talking about taking care of stuff that past. Not being ready when that site plan expired. SUPERVISOR HORTON: The Town Attorney’s office is ready to deal, the question is now a simple one. You can deal civilly or you can deal criminally. What is going to be the most effective and simply put, I think it doesn’t hurt to have one meeting with the Planning Board to go through those two different options. MS. TOLE: I agree. What I am stating is that that should have happened well before the site plan expired in that you knew what you were going to do when it happened, instead of, when did the site plan expire? Two weeks ago…. SUPERVISOR HORTON: Two weeks ago? MS. TOLE: Three weeks ago? February somebody said? SUPERVISOR HORTON: No, well, the Planning Board granted a six month extension. MS. TOLE: Granted it. So they knew in February it was expired and they let it go until August or July and in that ensuing five months there was not preparation for this is just another example of poor planning. SUPERVISOR HORTON: Well, perhaps. And it is a fair criticism. MS. TOLE: It seems a shame that action is not taken at the time when action is called for but is being planned at the time that action is called for and that is not really why I am standing here tonight, that is just in support of Freddie’s position that was laid out so beautifully. I want to speak about another matter that has to do with Cross Sound Ferry. Two weeks ago, I spoke before this Board, at that time I was among several people who presented the Supervisor and the Board with a tremendous amount of information. I feel confident in every way that the Supervisor and probably the Board totally disregarded every piece of information that was given to them. I also believe that the Supervisor took the most extreme measures that he could take in a democracy, the suspension of its laws and did so without obtaining the smallest measure of justification under either the letter or the intent of the law. And I also believe that it was after the fact that justification was sought. So two weeks later I am standing here to try to get information, to backtrack a little, what I am talking about is the imposition of the state of emergency, no, three consecutive states of emergency spanning 15 days out at Cross Sound ferry. So, two weeks later I am standing here to try to get information, rather than give information. Of course, I recognize that it is very unusual that something like that would happen in open public forum like this but I will try because it is important. We should know in intimate detail why the Supervisor suspended the law, we should have known then, we should be told now and I have a series of questions that I would like to have answers to. It should help me to better understand why such an extreme action was taken. First, I would like to know who initially contacted the Town of Southold regarding the MARSEC II alert? Page 36 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: The office of Homeland Security, New York State. MS. TOLE: And who in Southold was contacted? SUPERVISOR HORTON: Captain Flatley. MS. TOLE: Okay. So the Supervisor got the first call. It wasn’t that you got a call from the state. Because that was suggested last meeting, John had said ‘I don’t know what I would have done if I got a call from the governor’s office’…. SUPERVISOR HORTON: No, we were contacted by the State. MS. TOLE: So.. SUPERVISOR HORTON: Which is the office of Homeland Security. MS. TOLE: Lieutenant Flatley got a call… SUPERVISOR HORTON: Captain Flatley, yeah. MS. TOLE: Captain Flatley, excuse me, yes. Captain Flatley got a call from who in the state? SUPERVISOR HORTON: The office of Homeland Security. MS. TOLE: Okay. So it is the New York State Office of Homeland Security. What was he told in that? SUPERVISOR HORTON: He was told that National Guard units were dispatched to the Cross Sound ferry terminal and that they would be there to provide heightened security and to conduct checks on commercial vehicles and random checks on passenger vehicles with, in cooperation with the Town police department. MS. TOLE: And who requested that they be assigned there? SUPERVISOR HORTON: There was not a request. The Governor dispatched them throughout the state. And the extension…. MS. TOLE: So you are saying that it was not that Suffolk County no way requested them? SUPERVISOR HORTON: To the best of my knowledge, no. And I know for a fact that the Town did not request them. MS. TOLE: I am confident that the Town did not request them, but you do not know who requested them? Page 37 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: I have been, it has been made very clear to me that this dispatching of the National Guard units was not a request, that they were dispatched at the urging, well not the urging, at the directive of the Governor throughout the state. MS. TOLE: Mmmhmm. When you received this call from Captain Flatley, how did you proceed at that point? When was the call received? I am sorry. SUPERVISOR HORTON: It was received on a Tuesday, I don’t know the exact date. th MS. TOLE: 26 of the month. SUPERVISOR HORTON: It is quite possible, towards the end of the month. th MS. TOLE: The 29 of the month was a Friday, when you invoked the state of emergency. th SUPERVISOR HORTON: Then it would have been the 26, yeah. th MS. TOLE: Okay. So Captain Flatley received the call on the 26 and you were told that the troops would be there…. SUPERVISOR HORTON: In the next couple of days, yeah. MS. TOLE: In the next couple of days. When did they arrive? SUPERVISOR HORTON: They arrived the next day. th MS. TOLE: On the 27? SUPERVISOR HORTON: I believe so, yeah. MS. TOLE: Who did you convey this information to, that you received? SUPERVISOR HORTON: I am sorry? Who did I convey…? MS. TOLE: Did you call the members of the Town Board? SUPERVISOR HORTON: Yes, I did. MS. TOLE: You called each member of the Town Board? SUPERVISOR HORTON: I made them all aware that yes, the Governor dispatched National Guard units to the Cross Sound ferry terminal. MS. TOLE: Oh, okay. At least one person on this Board and I am sorry he is not here today, seemed to believe that that call came from the Governor? That was just a misunderstanding in communication? Page 38 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Well, I think it was probably and we and I am sorry that he is not here but I think you and myself and the Board know Councilman Romanelli and I, what I saw at the last Town Board meeting was an exchange where I think Councilman Romanelli said if the call came from the Governor’s office and so on and so forth, I think that was a heat of the moment comment. MS. TOLE: Okay. So you were told that there were going to be some National Guard members at the Cross Sound ferry and that is it? SUPERVISOR HORTON: Yeah. I think that I have answered your question. MS. TOLE: Based on what? Were you told at that time that it was based on MARSEC II alert? SUPERVISOR HORTON: We were told that it was based on the orange level that the state invoked and that the, in support of the MARSEC level II. th MS. TOLE: The MARSEC II was not declared until the 29, correct? SUPERVISOR HORTON: No, MARSEC II… th MS. TOLE: Or was that, no that was the 7. MARSEC II alert, which called specifically for th heightened security at the ferries went into effect on July 7, after the bombings in London. SUPERVISOR HORTON: That is correct. thth MS. TOLE: Between July 7 and July 27, were you aware of it? SUPERVISOR HORTON: Of the MARSEC II? Yes, I was. MS. TOLE: What did you do about it? SUPERVISOR HORTON: We were informed by the Coast Guard that it was in place and that the Coast Guard was overseeing and calling for heightened security at the ferry terminals. Which is why about two weeks later, maybe a little bit more… MS. TOLE: Closer to three. SUPERVISOR HORTON: ….closer to three weeks later… MS. TOLE: Over three weeks. SUPERVISOR HORTON: Alright. MS. TOLE: Okay, sorry. Page 39 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: My point is this, Ms. Tole, being that I knew the MARSEC level had been increased to II, elevated to II on, in earlier July shortly after the London bombings, the dispatch of National Guard units several weeks later made my quite concerned because if it was, the MARSEC level II being raised, with the level being raised from I to II, the, and it is standard fare for the National Guard to come with that, that would have been one thing but being that two to three weeks later the Governor saw fit to dispatch them made me increasingly concerned and the fact that the police department was being asked to work with the National Guard to conduct the checks on commercial vehicles was sort of a bright spot on my radar so to speak. And when I saw that those checks were being done in the midst of hundreds of cars and hundreds of vehicles I was, I personally and I understand that you disagree with this; I was uncomfortable with that arrangement. And as soon as that level was dropped, I disbanded the operation, which was on this past Friday. thth MS. TOLE: Can you explain to me, between July 7 and July 29, what made you believe that you were at that threshold of a reasonable apprehension of immediate danger and I stress the immediate danger part of this? SUPERVISOR HORTON: Sure. My…. thth MS. TOLE: What was the change between the 7 and the 29 that made an immediate danger? Not…. SUPERVISOR HORTON: That is a reasonable question. The fact that my police department, our police department was being asked on site to work with the National Guard, who was dispatched, which seemed to me out of thin air, to the Cross Sound ferry terminal, was being asked to conduct checks on commercial vehicles because and there was obviously some level of concern about that. So, I grew increasingly uncomfortable and perhaps I was… MS. TOLE: Then did you seek more information? Ask why they… SUPERVISOR HORTON: Yes, I did. MS. TOLE: …were being dispatched later, three weeks later, close to three weeks? SUPERVISOR HORTON: As soon as they were dispatched…. MS. TOLE: No, no, did you find out why? Because I know why they came three weeks later. Did you know why they came three weeks later? SUPERVISOR HORTON: No, that wasn’t made clear to me. I have heard several different…. MS. TOLE: It is in the Governor’s statement that it…. SUPERVISOR HORTON: Right…. Page 40 August 16, 2005 Town of Southold Board Meeting MS. TOLE: ….required an activation. SUPERVISOR HORTON: I have heard several different theories as to why, based on certain levels of intelligence that the Governor had, so you know, I was provided with a number of different things. MS. TOLE: Could you repeat that, please? SUPERVISOR HORTON: I said I have been given several different theories as to why, I am aware of the press release you are talking about. So I responded. I grew increasingly concerned that they were being asked to conduct security checks in the midst of hundreds of people. That decision that I made, you know, I understand where you are coming from and not agreeing with that . I did speak with the Captain of the port, I did speak with several of the…. MS. TOLE: You hadn’t spoken to him by the time we were here two weeks ago and we were five days into an emergency… SUPERVISOR HORTON: No, that is correct. At that point, I was corresponding with the National Guard. MS. TOLE: …because I asked you that. SUPERVISOR HORTON: That is correct. That is correct. MS. TOLE: But you hadn’t spoken to anybody apparently with at a very high rank in the National Guard. SUPERVISOR HORTON: That is correct. Well, we have been speaking with the zone Chief of Homeland Security. MS. TOLE: Is the zone Chief also responsible for Port Jefferson? SUPERVISOR HORTON: Yes, it would fall within that. MS. TOLE: Did you ask how things were being handled in Port Jefferson? SUPERVISOR HORTON: Yeah, and I was told it was a conundrum. MS. TOLE: Now did you ask…. SUPERVISOR HORTON: I was told that in Port Jefferson they were very concerned with how it was being conducted, if you had the room. Page 41 August 16, 2005 Town of Southold Board Meeting MS. TOLE: The officer whose area of responsibility includes our area underneath the Captain of the Port of New York is housed where? SUPERVISOR HORTON: It is not under the Port of New York. It is Captain of the Port Group Long Island Sound. MS. TOLE: Long Island Sound. SUPERVISOR HORTON: New Haven. MS. TOLE: The Officer of response, it is the area of, oh, I don’t have the notes for that. Area of responsibility, the geographic area that includes here. Their offices are located for the US Coast Guard is located where? SUPERVISOR HORTON: New Haven, Connecticut. MS. TOLE: New Haven? SUPERVISOR HORTON: Yes. MS. TOLE: So they are in Connecticut and there was in New Haven or New London or anywhere else, where there police roadblocks offsite? SUPERVISOR HORTON: I don’t know the answer to that. MS. TOLE: So you never bothered to find out if your actions were in any way supported in a sense of reasonable assessment of this situation by anybody else’s…. SUPERVISOR HORTON: I know that…. MS. TOLE: ….actions? SUPERVISOR HORTON: I know that the National Guard and the Coast Guard were both very supportive of the action that I took because they felt it was a tremendous enhancement to the situation that was taking place out there. MS. TOLE: So if you had stopped everybody and searched them, the military probably would have thought that was an enhancement also. Wouldn’t you agree? SUPERVISOR HORTON: I don’t know the answer to that. MS. TOLE: So the more and the more and the more…. SUPERVISOR HORTON: No, I don’t necessarily agree. Page 42 August 16, 2005 Town of Southold Board Meeting MS. TOLE: No? You don’t think they would think that was an enhancement also? SUPERVISOR HORTON: I don’t know what they would think. MS. TOLE: Well. Alright. As of two weeks ago, you hadn’t reviewed the MARSEC II national security alert or the orange alert…. SUPERVISOR HORTON: That is not so. MS. TOLE: Did you read it in the ensuing… SUPERVISOR HORTON: I had reviewed it prior to you being up here and I just simply don’t have it in front of me and I didn’t then. MS. TOLE: Well, you stated that you hadn’t reviewed it at that point. SUPERVISOR HORTON: If I stated that, it was an incorrect statement on my behalf. MS. TOLE: Okay. Was there information contained in either of those official communications that indicated any immediate threat? SUPERVISOR HORTON: No. MS. TOLE: I assume that it is that immediate threat clause that you are hanging your hat on? SUPERVISOR HORTON: I wasn’t hanging my hat on anything. I took an action because I felt it was the right thing to do because I thought that conducting those checks in that parking lot where there were hundreds of pedestrians, people walking from their cars to the ticket office and to the ferry was purely unsafe. That is, that is…. MS. TOLE: Was this opinion…. SUPERVISOR HORTON: That is why I took it and that…. MS. TOLE: Okay. Why you set up that tactical plan. SUPERVISOR HORTON: If that is to be challenged, so be it. I accept that. If you or other folks in this room or the community feel it was inappropriate, I understand that and I accept that. I simply tried to make a better situation from a security perspective than what was in place there because I was truly concerned about how that was being carried out at that time. It was really that simple. I was truly concerned for the safety of people who were there, going parking and moving from their cars to the ticket station and back and then on to the ferry and then I was concerned for the people who were conducting those checks. And that is it, Cathy. MS. TOLE: Then let me ask… Page 43 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Yeah. MS. TOLE: You were so concerned that you took these actions and you suspended the laws of the Town and then you restricted the suspension of those laws to the parking and to the zoning, was this tactical plan of yours something that the people in the police department concurred with? SUPERVISOR HORTON: There was quite a bit of discussion about a number of different scenarios that could have been played out. MS. TOLE: Did it do anything to address the likelihood of somebody carrying, engaging in conduct, the two conducts that are most commonly used by terrorists; one being the backpack th bomb, which is exactly what happened July 7 that started all of this and number two, the car bomb. SUPERVISOR HORTON: We addressed those items as best we could with the limited resources and limited training in those fields that we could. Which, again, I stress, made the situation that much more difficult to deal with. MS. TOLE: Two weeks ago you told us that a one star General from the National Guard is coming in by Black Hawk helicopter and landing out at…. SUPERVISOR HORTON: You know, I didn’t mention Black Hawk helicopter… MS. TOLE: Yes, you did, Josh. SUPERVISOR HORTON: No, excuse me, would you please let me finish my sentence? I didn’t mention Black Hawk helicopter to give any pizzazz, I just simply was answering a question that this gentleman was coming in. Whether he came in on moped or whether he came in an F-14 is really inconsequential…. MS. TOLE: How did he arrive? SUPERVISOR HORTON: He arrived in a structure with a thing that goes like this. MS. TOLE: He arrived in a helicopter that day? SUPERVISOR HORTON: It was black. MS. TOLE: That day? SUPERVISOR HORTON: It didn’t look like a hawk but he arrived, yes. MS. TOLE: That day, I think it was Wednesday. The day after the Town Hall, the meeting? Page 44 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: He arrived, no… MS. TOLE: He did not arrive on, did he arrive on the day he was supposed to arrive? SUPERVISOR HORTON: No, he did not. He was supposed to arrive on Friday and if you recall…. MS. TOLE: Oh, okay. And when did he arrive. SUPERVISOR HORTON: And if you recall, that particular Friday was when that squall front blew through and took down a few trees and a few wires and we were out of power for quite some time. So he was actually grounded in Albany, I believe. He came out the subsequent week. MS. TOLE: The subsequent week. SUPERVISOR HORTON: The next week. MS. TOLE: So this was not really an immediate issue for him apparently, either? SUPERVISOR HORTON: I believe it was but we were also having, I was also having constant, not constant, in depth communications with the director’s office of Homeland Security. MS. TOLE: Did the director’s office suggest, this is New York state? SUPERVISOR HORTON: Yes. MS. TOLE: Did they suggest that a state of emergency was what the governor had intended? SUPERVISOR HORTON: They didn’t state what the governor had intended. MS. TOLE: Oh, okay. Well, they stated to us that the governor had not called for nor intended a state of emergency. SUPERVISOR HORTON: No, the governor did not. And I don’t contend that he did. MS. TOLE: Okay. SUPERVISOR HORTON: I have said this before, the reason I took that action was because given the situation as it was being carried out, I thought was unsafe and if they were doing it the same way in Port Jefferson and they thought it was safe; then we have a difference of opinion. I thought it was unsafe. Page 45 August 16, 2005 Town of Southold Board Meeting MS. TOLE: You seem to have a difference of opinion with everybody, including the police department that was operating it. SUPERVISOR HORTON: Well, I think, I disagree with that. MS. TOLE: Alright. Let me ask you this then. Would you say that the gentleman at the checkpoint that was established out there were being disingenuous when they stated that you authorized them to conduct, the Cross Sound ferry people, the traffic safety officers as well as the police officers, to conduct the safety stops or whatever you want to call it? SUPERVISOR HORTON: The traffic control officers were there to guide traffic, that is what they were there to do and if the were guiding traffic in a way that and you mentioned that and that was… MS. TOLE: So all three of the people at each of the two times that I went through the checkpoints… SUPERVISOR HORTON: What we tried to do… MS. TOLE: ….they all were not telling the truth…. SUPERVISOR HORTON: ….what we were… MS. TOLE: ….when they said specifically that you authorized each one of them to do what they were doing. SUPERVISOR HORTON: Cathy, what we were seeking to accomplish there, with the resources that we had, was directing people and advising them what lies ahead and if being asked 100 yards or 50 yards prior to getting to the ferry terminal ‘are you going to park or are you going on the car ferry’ MS. TOLE: I am not talking about that, I am talking about civilians stopping me on a public roadway and making inquiries. Something reserved to police officers. SUPERVISOR HORTON: Exactly. And I believe that was addressed promptly. MS. TOLE: so you did authorize it and corrected it? SUPERVISOR HORTON: If they were asking that question, it was obviously an unclear, there was a lack of communication on that matter. MS. TOLE: Did you authorize them to stop people, question them and…. SUPERVISOR HORTON: I did not give a directive for anybody other than police officers… Page 46 August 16, 2005 Town of Southold Board Meeting MS. TOLE: Everybody there misunderstood that. Okay. SUPERVISOR HORTON: We were utilizing the traffic control officers to guide traffic. MS. TOLE: During the state of emergency, where you available 24/7? SUPERVISOR HORTON: Yes. MS. TOLE: Oh, okay. So any Town Councilperson especially, would have had access to you? SUPERVISOR HORTON: They always do, as does the police department. MS. TOLE: Okay. So when your office was contacted on the day that the Black Hawk was supposed to land and your office said to a Councilperson, ‘he is not coming in today, we don’t know where he is and we cannot reach him’ that is not at your direction? SUPERVISOR HORTON: That is definitely not at my direction and I would be hard pressed to believe that is true. MS. TOLE: Is there anybody who can verify that that was the response? SUPERVISOR HORTON: Any one of you who have e-mailed me before… MS. TOLE: I am not asking you. SUPERVISOR HORTON: Anyone of you who have e-mailed me before at 10:00, 11:00 at night and have gotten a response, I may not have been home but you have gotten a response. Any bit of communication… MS. TOLE: I am talking about my concern that information was filtered through you and only you. That is my concern and like I say, there is nothing more serious in democracy than suspending the laws of that democracy. SUPERVISOR HORTON: Okay. MS. TOLE: Is there anybody up on that dais that can confirm that that was the message that they received? COUNCILMAN WICKHAM: Well, I should say that I expressed interest in sitting in on a meeting with this General, whoever he was, and so I called the supervisor’s office to inquire where and when the meeting was and the person I spoke with in the office; it wasn’t the supervisor, one of the women in the office, said she really didn’t know where the meeting was and didn’t know… Page 47 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Right, nor did I. Nor did I know the time. And I was on call for that specific matter. MS. TOLE: Let me ask something else. You know what? I’ll get off. I’ll get off with one more comment. I find so much of this so utterly, I am sorry, Josh; so inconsistent with the good and efficient operation of government and democracy. I have a ton of other questions but it is like pulling damn teeth here. I would like to say one other thing… SUPERVISOR HORTON: I am trying to answer you as best as possible. MS. TOLE: …after, I had to leave the meeting last week and after I left somebody else came to the podium, a person who I often differ with but whose opinion I respect as a reasonable base of opinion, came up to this podium or that podium and apologized for speakers here. I want to make it clear, I have made mistakes, I have come up here and apologized when I have been wrong. No person comes up to this podium and need apologize for me. SUPERVISOR HORTON: I agree. MS. TOLE: What I said last week was accurate, 100 percent. If anything, it was restrained under the situation and I will tell you know that I am absolutely am convinced that you acted extra legally because you never had the basis upon which to declare that state of emergency. And there are recourses for that but I am not sure what recourses should be sought. Because if private people misuse property and misuse the environment, well, you sue them and you get money from them. That is supposed to be the deterrent that prevents them from doing other things. It is not to make a profit, it is for the deterrent value. You know, to go after the Town or anybody else, as a citizen is taking money from other citizens but damn it, you guys leave yourself open to all of this. And all of you that stepped back from this issue, did so. Bill, I would like to ask you a question, if I may. “If Josh can continue to ban it, parking on Route 25 there, continue to ban it there in the name of national security until the DOT acts, he has my blessing.” To me and many other people, that is a statement that makes us very uncomfortable. That if he uses a ruse of national security, let me finish my thought and I will gladly allow you to go on, that is justifiable in its end, do you still support that and is that your position as supervisor? That if the declaration of the state of emergency solves the problem of parking, then you would support it? SUPERVISOR HORTON: He is not the supervisor, he is a Town Board member. MS. TOLE: I didn’t say that, I said if you become supervisor. COUNCILMAN EDWARDS: Well, I really am not… MS. TOLE: Now and if you become supervisor. COUNCILMAN EDWARDS: Well, that is a hypothetical question. I would like to respond to your question. Page 48 August 16, 2005 Town of Southold Board Meeting MS. TOLE: Thank you. COUNCILMAN EDWARDS: I made that comment somewhat flippantly because I wanted to make the point that I considered the parking situation out there unsafe. I do not obviously, seriously think that that is a legitimate position and I didn’t mean it. I spoke ironically because I think there is an unsafe situation there and I would like to see the DOT address it. I don’t, obviously Josh can’t… MS. TOLE: But you are going… COUNCILMAN EDWARDS: The supervisor can’t indefinitely do that nor did I, I didn’t mean, as anybody saw my expression when I said it, mean that as a serious proposal. MS. TOLE: Well, you wrote it down. I don’t know how flippant you write…. COUNCILMAN EDWARDS: I didn’t write it down. MS. TOLE: You didn’t send that e-mail? COUNCILMAN EDWARDS: I may have sent it as an e-mail but I meant it lightly. I am sorry, you were quoting me, I thought it was something I said two weeks ago. It may have… MS. TOLE: No. No. COUNCILMAN EDWARDS: Well, in any case… MS. TOLE: After the fact was… COUNCILMAN EDWARDS: I considered the situation out there a dangerous situation with all those cars parked. I don’t mean that legally I think the supervisor can do that, that is up to the Town Attorney to determine. I am not a lawyer. As I guess I have just proven. MS. TOLE: Most people aren’t, that is why we research the law before we act. COUNCILMAN EDWARDS: And I am not… MS. TOLE: I will accept that as an apology or not an apology but as a statement. But you know what, this wasn’t a situation for flippancy and I don’t think the situation out at Orient Point is even a situation for flippancy. I think it has been something plaguing people for a very long time. COUNCILMAN EDWARDS: I don’t consider it a situation for flippancy, I think my position on this is very publicly known. And that is that I think it is a dangerous situation and I would like to see the DOT deal with it. Page 49 August 16, 2005 Town of Southold Board Meeting MS. TOLE: Have you, as a Town Board member, you yourself, written letters to or requested the assistance of DOT or other legislators throughout the state? th COUNCILMAN EDWARDS: As a Town Board member, on April 29, I voted as the whole Town Board did, on a resolution to ask the DOT to ban parking as far west as Ryder Farm Road. And that negotiation has been going on with the DOT. I had a concern because going back, looking at the resolution, it didn’t specifically address the plight of emergency responders, which I think is a critical part of it, so I am pursuing that still further. But I have participated to the extent that the Town Board…. MS. TOLE: You voted in favor of sending a letter. COUNCILMAN EDWARDS: That is correct. And I consider that a serious matter on the part of the Town Board and I suspect my fellow Town… MS. TOLE: Do you consider that a substantial action? COUNCILMAN EDWARDS: I do consider it a substantial action, yes. MS. TOLE: Speaks for itself. Thanks. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Town Board on town related matters? Yes, Ms. Schroeder. GWYNNE SCHROEDER: Hi, Gwynne Schroeder, North Fork Environmental Council. And hearing Freddie Wachsberger talk about how she has been involved in this issue for 20 years, people are tired and there are hundreds and hundreds of people that are really concerned about the operations of Cross Sound ferry and really you need to know, you have to focus on what you guys can change and what you have control of is the site down there. And that is what you have to focus on is controlling the site and Freddie is right, you have the opportunity to do SEQRA and you need to do that and you need to do a full environmental review. I, she must have some hope because she is still here. She must have some hope that you guys are going to do what you are supposed to do and protect us. And that really is what we are asking for you to do as a Town Board and the Planning Board, to assert your full authority to get Cross Sound ferry to have a site plan and comply with it. And finally do an evaluation of what their operations are doing to this town. Thanks. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board? Mr. Gustavson. TROY GUSTAVSON: Troy Gustavson, resident of Orient. My wife and I own a business in Mattituck and I am just curious, what would be the, I guess I am addressing this to the Town Attorney. What would be the implications if we didn’t have a site plan approved to operate our business there? Would there be any repercussions? Page 50 August 16, 2005 Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: Well… SUPERVISOR HORTON: Since, since the Town Board pre, I would say May is when we passed that legislation? TOWN ATTORNEY FINNEGAN: Correct. SUPERVISOR HORTON: Prior to May of 2005, the only recourse that the Town Board had or the Town of Southold had for businesses operating without a site plan was to file an article 78. Was to go after a business in New York State Supreme Court. MR. GUSTAVSON: There was no fine structure at that point? SUPERVISOR HORTON: No, there was, since that time, what we have done….there may have been a…. TOWN ATTORNEY FINNEGAN: There is a fine for not having a site plan. There was not a fine for operating out of compliance with an approved site plan. SUPERVISOR HORTON: And I think in the bigger picture what needs to be looked at is, it is great to have a fine, you know, $500, $1,000 whatever the legal limit the Town can set, just to set a fine structure that you can drag a business into Justice Court into here on a Friday and slap them on the hand and give them a $500 fine for operating out of compliance with their site plan. The Town Board took the action late this spring, early summer, that, I think in all of our minds and I would imagine you would agree was long overdue and that gives the Town Board the authority to deal with businesses that are operating without a site plan or out of compliance with their current site plan in a much more formal and prosecutorial fashion. That did not exist prior to May or June 2005. MR. GUSTAVSON: And that is basically, you say that is the direction you are heading in now with Cross Sound? SUPERVISOR HORTON: I thought, I tried to make that very clear and in regard to that matter and I wouldn’t say there was poor planning on that although I think Ms. Tole’s criticisms were fair, I understand where they are coming from, this is not something that the Town Board has closed its eyes to over the course of time and putting together an action plan with the Planning Board is by all means the logical and correct steps to take. MR. GUSTAVSON: I do think you probably ought to take a look at the fine structure too, to a company like Cross Sound that is on the gravy train of the casinos, $500 a day is chump change and it is not going to make any difference to the…. SUPERVISOR HORTON: The fine structure…a valid point, which is a point of understanding and your point is well made there, I don’t know what the legal ceiling is that the Town Board can set but we are bound by and you may know… Page 51 August 16, 2005 Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: We can go higher. SUPERVISOR HORTON: We can go higher than $500? MR. GUSTAVSON: Then go higher, then. SUPERVISOR HORTON: I don’t know how high. Somebody, yeah, she is an attorney but she is sitting up here as, advising the Town Board and I am sure that she can easily look that up, which is attorney’s generally do when they have a question posed before them. So… MR. GUSTAVSON: Well, you have got to get their attention and I think one way is going to the legal limit and start fining them right away. Something else on the question of financial implications and Josh, you and I have talked about this in the past. Over on Block Island, the Town of New Shoreham collects a .50 per passenger fee for every passenger landing there and it goes directly into the town coffers to offset the cost of having those people roam the landscape. SUPERVISOR HORTON: Right. MR. GUSTAVSON: And we just had a situation where you were assigning policemen out at the Point and I am assuming significant expense to the Town of Southold, a lot of overtime and that sort of thing and I am asking the Town Board to seriously take a look at that possibility. I think it is a small part of it, it is certainly not the long term answer but if New Shoreham can get away with it and by the way, it is with a ferry company that is operated by the same family, so they are paying it, I am not sure gladly, but they are paying it over in Block Island and they can do it here, too. And if we have 1.3 million cars a year coming through here… SUPERVISOR HORTON: Troy, I think you will vividly recall, you will vividly recall a conversation that you and I had and an action that I took as supervisor in August, I believe or June of 2003 and that was, we made a specific request to the State of New York; right now, Block Island is in Rhode Island and in Rhode Island the ferry company or the municipality has been granted the authority by the Rhode Island State Legislature, it is the same in Massachusetts, by the Massachusetts State Legislature to put in place a head tax. And that head tax is for you know, rider ship, it can be done by car in those states or a landing fee, however that is structured. And that is why they have it in place. Those municipalities have been granted that authority to. When we put that request, when we put forward that formal request, the Assembly people and the Senate people (inaudible) year after year after year, told us that would never go through the New York State Senate because we think it is unconstitutional. We agree with that. We would, I don’t think it is the answer to our traffic woes but it certainly would speak to the financial burden placed on this community by the company. And if anybody can provide us some assistance in achieving that, particularly that of a newspaper that has some endorsement ability in the political process, we would welcome that because we think that is an important issue as well. MR. GUSTAVSON: And conversely, I think you could do more than send a letter and throw your hands up in frustration. I mean, if you want to pursue that, pursue it. Page 52 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: We have pursued it and without the support…. MR. GUSTAVSON: I don’t think you have. SUPERVISOR HORTON: …and without the support of your state, it falls dead in the water. MR. GUSTAVSON: Just sort of curious, how do the other council people feel about that? COUNCILMAN WICKHAM: I would just like to say, the Supervisor commented this afternoon about some discussions in executive session but during the open session, during the work session this morning, I think there was a clear consensus of the Town Board that we are going to take another look at this and we are going to look very carefully at ways to control capacity of the Cross Sound ferry. For the first time, we have had that discussion, the first time in the last some years since I have been on the Board as a town councilman, a serious discussion and I believe a consensus of the Board to find legal ways to bring Cross Sound into compliance with the site plan and to put some limits on their capacity. Similarly to look at parking and to find a way to constrain parking. I think there is a consensus to do that. We are now looking at the legal ways to achieve it. SUPERVISOR HORTON: That is the best strategy, yeah. COUNCILMAN WICKHAM: The best strategy. MR. GUSTAVSON: The question off of the topic… SUPERVISOR HORTON: Your question was to each of the Town Board members… MR. GUSTAVSON: Well, yeah. I am sort of curious, would all of you support the idea of a landing tax? COUNCILMAN ROSS: Basically, we can’t get them to put up no parking signs, so I don’t think the state is going to give us a head tax. SUPERVISOR HORTON: But do you support it or not? COUNCILMAN ROSS: Of course I do. And but there are different ways to apply pressure and I don’t think we have gone the whole route and we probably should… MR. GUSTAVSON: Let me say I don’t really say that I consider that a question of pressure, I just think it is fairness. I mean, the implications of all those cars going through our town are significant and they should be… SUPERVISOR HORTON: And I think…. MR. GUSTAVSON: …bearing some of the financial responsibility. Page 53 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: I think the City of Bridgeport receives revenues from that ferry. COUNCILMAN WICKHAM: An impact fee. SUPERVISOR HORTON: Yeah. MR. GUSTRAVSON: I don’t think .50 is going to, you know, cut back traffic. I think it is just going to give us some money that should be coming to the town’s coffers. SUPERVISOR HORTON: Absolutely agreed. Other Board members that you asked the question? COUNCILMAN EDWARDS: I would like to respond. Obviously, a head tax would at least make us feel good and give us some money, which would be good but I want to deal with this in a pragmatic way, which is I am less interested in bringing home scalps than in dealing with the overall problem in whatever way is necessary to achieve it legally. A head tax would be nice because it would bring some money to the town but it is, as you say yourself, Troy, it is not going to solve the traffic problem or the parking problem and I am concerned most immediately with the parking problem. But I will support a head tax. JUSTICE EVANS: I would just concur with what Councilman Edwards said, is I would support a head tax just because it would be nice to see the money coming to the town but it will do no good to cut the traffic and the parking situation. I think we have to solve that in a different way. MR. GUSTAVSON: A question that I should have really addressed during the discussion of the Historic Landmark Preservation law but something that occurred to me and I am just curious. My wife and I own a house that was built in 1840, we are on King Street in Orient. Is there anything in the town law now that would prevent us from cutting up the front of the house and putting in picture windows, covering it with vinyl siding and painting it purple? SUPERVISOR HORTON: Is that your proposal? MR. GUSTAVSON: No. That is my question. Is there anything in the town law that would prevent us from doing that? COUNCILMAN WICKHAM: To answer that question we need to know whether it is, your house is registered with the state, federal or the Town of Southold as a registered historic structure. MR. GUSTAVSON: So if it is registered, you have some control? COUNCILMAN WICKHAM: Yes. Page 54 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Yeah. And we encourage you to join the Historic Preservation program, so that we can honor your home as an historic home and have it on our list. MR. GUSTAVSON: What occurs to me for those houses that are not registered and that are historically significant is that increasing the membership of the commission from five to seven doesn’t do any good if they don’t really have any teeth. You can have 700 members but if they don’t have the ability to really enforce, which other towns have, Sag Harbor is one that I know because I know somebody that is on that commission, and again I think the Town has been negligent in not giving its Architectural Review Commission and its Historic Landmarks Preservation Commission the enforcement powers. SUPERVISOR HORTON: Thank you, Mr. Gustavson. Would anybody else care to address the Town Board? Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. Like Ms. Tole, I actually would like some specific answers to some questions. And this follows up on Troy’s questions earlier. I had the feeling at the work session today that the concerns were really more being litigation wary than they had to with coming up with innovative, strategic, prosecutorial options… SUPERVISOR HORTON: No, that it…. MS. NORDEN: …and, well, let me just finish. SUPERVISOR HORTON: …that was a mis… MS. NORDEN: …well, that was my, I said it was my impression. When asked if the Planning Board had actually approached the Town Attorney regarding the enforcement via the Code Enforcer of the daily signs, there was a very vague answer. And so now I am going to ask, has the Planning Board approached the Town Attorney and spoken with the Town Attorney about essentially having the Code Enforcer go out to the Cross Sound ferry and begin to apply the daily fines? TOWN ATTORNEY FINNEGAN: Yes, they have. MS. NORDEN: And what was the Town Attorney’s response to the Planning Board? SUPERVISOR HORTON: The Planning Board…. TOWN ATTORNEY FINNEGAN: The question today was… MS. NORDEN: Well, let me just hear this. I want to hear the response of the Town Attorney. SUPERVISOR HORTON: But the Town Attorney is counsel to the Town Board… Page 55 August 16, 2005 Town of Southold Board Meeting MS. NORDEN: Can I ask the Town Attorney, can I have your permission to ask the Town Attorney that question? SUPERVISOR HORTON: Well, let me just, let me answer the question and if it is not a sufficient answer, then by all means, the Town Attorney can fill in the gaps. The Planning Board has made the decision to, to request the Town Attorney and the Town Board to deal with the non-compliance or lack of site plan issue on the ferry. They have made that request… MS. NORDEN: Right. SUPERVISOR HORTON: ….verbally to the Town Attorney’s office. MS. NORDEN: Right. Well, I understand that. We clarified that. Now I am asking the Town Attorney what the response was, of the Town Attorney to the Planning Board’s request? TOWN ATTORNEY FINNEGAN: The question today was whether I had received correspondence from the Planning Board, which is why I hesitated because I didn’t recall if I had received correspondence or if it was verbal but yes, I have received that request from the Planning Board, I have met with the Planning Board, I have spoken with the chair of the Planning Board on several occasions and we are discussing, as I did with the Town Board today, the best way to proceed. MS. NORDEN: Alright. So can you tell me in part what are some of the ways to proceed? So, in other words, if we don’t impose the daily $500 or whatever it is fine or we can actually raise the ceiling of the fines and if we don’t send Ed Forrester out there every morning at 7:00, what are our other options? TOWN ATTORNEY FINNEGAN: Our other option is to go to Supreme Court and seek injunctive relief. MS. NORDEN: And what is the timetable for that? TOWN ATTORNEY FINNEGAN: Well, if you look at some of the past ones, I mean, it is not a quick solution. But by the same token, to go out and give them a violation and have them pay a fine, does also not necessarily achieve the desired response. MS. NORDEN: No, we are not talking about one fine though, we are talking about a daily fine, day after day. $140,000 plus per year. TOWN ATTORNEY FINNEGAN: True. MS. NORDEN: Now, that might be chicken feed to the Cross Sound ferry but I think many of us would feel that that action was something that would have some concrete teeth and might in fact, draw the attention of the Cross Sound ferry in a way that the prosecutorial relief that you are seeking via the courts might not, particularly if that period in the courts and that process takes six months or a year or longer. Page 56 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: The concern…. MS. NORDEN: We don’t really want to see this process dragged on any further… SUPERVISOR HORTON: The concern is this, Melanie…. MS. NORDEN: Okay. SUPERVISOR HORTON: …and I think many of us on the Board feel, share your perspective on that. The concern is this, and if I am speaking out of turn, please just shut me down, that if the Town Board were to decide to go the criminal route and bring Cross Sound ferry into justice court, you are talking about a, you know, fines and so on and so forth and what the Town Board has and I think I have heard it here and from the Planning Board is that the Town Board really feels injunctive relief, is crucial in this matter. Big picture wise. The concern is from a strategic point of view, okay? If the Town Board is slapping Cross Sound ferry on the wrist on a daily basis for being operating out of compliance or without their site plan, that the state supreme court is going to look at this case and say ‘you are already dealing with it at the Town level, go away’ and that is a concern. That is the concern. So how that is addressed is crucial and to think that the town is not proceeding in the proper way is just simply, you know, not point of fact. So, I think I spelled out pretty clearly what the issues surrounding, that, those two matters are. MS. NORDEN: Well, actually I don’t really understand what the benefits of injunctive relief might in fact be, as compared to the benefits of the daily fining of the Cross Sound ferry. What, I mean in other words, if there is this strategy to actually obtain injunctive relief, what does that mean for the future of the Cross Sound ferry and for the Town? TOWN ATTORNEY FINNEGAN: Well, the idea would be to get an order forcing them to come in and comply with the site plan laws. MS. NORDEN: Well, why can’t we do that right now without injunctive relief? TOWN ATTORNEY FINNEGAN: Because you can go and give them fines, they will come in and they will either plead guilty or have a trial and then at the end of the day they will get a $500 fine…. MS. NORDEN: But how about if we just ask them, since they are not in compliance, and if I were, for example, if I were the average landowner, who did A, B, C, D and E and I will give you an example, there is some guy in Greenport who is slapping vinyl siding on his house and it is not within the code or the architectural review blah, blah, blah, blah, he now has a cease and desist order. No more building, no more siding. Now we are in a position, I understand, that we could actually do a cease and desist order on the Cross Sound ferry. So in other words, we don’t have just the option… SUPERVISOR HORTON: You don’t… Page 57 August 16, 2005 Town of Southold Board Meeting MS. NORDEN: …of a $500 daily fine, we could close the joint down. SUPERVISOR HORTON: No. That is where you are wrong. MS. NORDEN: So everything in between is the kind of stuff, I am not saying that we do that but I am asking you what is the sole gamut of the options that we have? Because the options are not just to trot Ed Forrester out to give them a daily fine or to go to Supreme Court, we have the power, we have the teeth, we have the zoning bylaws; they are flouting our bylaws, they are not in any way in compliance with them. We do have the option, do we not, of actually shutting the Cross Sound ferry down? TOWN ATTORNEY FINNEGAN: We could revoke their certificate of occupancy and they operate without a CO…. MS. NORDEN: Well then, why… TOWN ATTORNEY FINNEGAN: …I mean, there is no… MS. NORDEN: Well, we don’t really know that, though. I mean, In other words, have we thought about going that route and if so, why was that an option that was not explored more fully? SUPERVISOR HORTON: I think that what as I stated earlier, is that the attorney’s office and a couple of members of the Town Board will be meeting with the Planning Board and reviewing all of the different strategies and obviously the Building Department will be an important part of that conversation. MS. NORDEN: But why are we meeting with the Planning Board when the Planning Board has already made this decision and has already come to the Town Attorney asking the Town Board and the Town Attorney to essentially follow the letter of the law, which is to begin the process of fining the Cross Sound ferry? While you are going back to the Planning Board to ask them to change a decision… COUNCILMAN WICKHAM: May I respond to this? SUPERVISOR HORTON: No and please don’t insinuate…. MS. NORDEN: No, I didn’t insinuate, I am asking. SUPERVISOR HORTON: No. COUNCILMAN WICKHAM: I would like to… Page 58 August 16, 2005 Town of Southold Board Meeting MS. NORDEN: So why the Planning Board involvement when this seems clearly now, since they have come to you the decision now clearly seems to be from the enforcement point of view, yours to make. Not the Planning Board’s. TOWN ATTORNEY FINNEGAN: The reason….to keep the Planning Board in the loop. MS. NORDEN: Oh, alright, okay. TOWN ATTORNEY FINNEGAN: It is not to go back and to say, ‘oh…. MS. NORDEN: Because the Town Board is the Board of record that now has the enforcement capabilities. SUPERVISOR HORTON: The question, the question is the goal. Do you want to achieve…. MS. NORDEN: I am asking you what you guys want to achieve. SUPERVISOR HORTON: No, no… COUNCILMAN WICKHAM: I would like to…. MS. NORDEN: I mean, that is really my final question. SUPERVISOR HORTON: The point is the goal and that is, do you want to drag Cross Sound ferry in to get a fine or do you want to drag or do you want to force Cross Sound ferry to be in compliance with their site plan. That is the goal. MS. NORDEN: I would like to do whatever is allowed for us under law to do and I am trying to ask what the full gamut of our options are? COUNCILMAN WICKHAM: I would like to respond to that. At something on the order of 10:00 this morning, we had a discussion along just these lines. It is impossible for us to know at this time exactly what we are going to do. We agreed at that time we are going to empower our Town Attorney to look into all of the alternatives. We are going to sit down with the Planning Board because they control the site plan process. We are going to come up with a package of proposals to deal with this finally, for the first time in a long time, in a definitive way that will really help the Town of Southold. I don’t think we can answer all of these questions this afternoon. I do think we have set in place a process that is going to come out with a good, solid strategy for the Town of Southold to control its destiny as to that Orient ferry. MS. NORDEN: But you can understand why after 20 years some people are a little skeptical about whether Southold in fact is going to control its destiny or not. SUPERVISOR HORTON: Very much can understand that. Page 59 August 16, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: I can understand that. MS. NORDEN: Right. And I also want to know, do we have a timetable for this strategic prosecutorial option exploration? I mean, is it going to be a two week, three week, four week? How long do we think it is going to take us to make up our minds to take some action? SUPERVISOR HORTON: Not long. COUNCILMAN WICKHAM: My own opinion? Every Town Board meeting, I think we will have some progress, we will have a discussion about it. MS. NORDEN: Well, I just think we need to look at the fact that, this week alone for example, after our state of emergency was lifted, there were cars still parked in the residential lots. We have all of the license plates numbers. We know that a Cross Sound ferry again is not in compliance, there is no longer a state of emergency. Cars are still in the residential lots. They are all over the residential lots. SUPERVISOR HORTON: There are five. MS. NORDEN: We went out, we have the photographs. SUPERVISOR HORTON: There are five there…. MS. NORDEN: Let’s not argue about the fact of it. SUPERVISOR HORTON: Alright but I just want to make it clear. I am aware that they are there. MS. NORDEN: And why are they there? SUPERVISOR HORTON: There were seven there yesterday and I believe there are five today. MS. NORDEN: I don’t care if it is one or 100. SUPERVISOR HORTON: Excuse me. MS. NORDEN: Okay. Why? SUPERVISOR HORTON: They are there because they were parked there prior to that being lifted. So as soon as those people return, they will be removed. MS. NORDEN: Josh, the cars are different. They were different one day from the next. Page 60 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: And our Code Enforcement officer has been out there everyday and he has reported back to me that, that ferry attendants are making sure that people are turned away from there and that that particular parcel of land is blocked off. MS. NORDEN: So this will basically stop as soon as those people come back from Foxwood’s? SUPERVISOR HORTON: Absolutely. Or wherever they are. MS. NORDEN: Right. Or wherever they are. Okay. So I would like to suggest that we see if we possible can come up with a timetable because we are losing very valuable time and I have no doubt that cars will continue to be parked in the residential facility or the residential lots, long into the future because we have, although many of us begged not to do it, we did set a precedent. So because that is now happening, there is a sense of urgency that all of us feel and I don’t feel, for one, comfortable knowing that we are going to make a decision that may, that we won’t take action for many weeks until we explore all the options. And if we take the prosecutorial route, it may take a year or so. In the meantime, what are we going to do about the Cross Sound ferry? Are we just going to let them do what they continue and want to do until we finally take action and then if we then take a prosecutorial action, as you say, it may be six months or a year or longer. What do we, do we have no intermediate plan at all? I mean, is there nothing that we can do in the interim before you take, before you fully develop your strategy? SUPERVISOR HORTON: The Board is going to take whatever is legal, whatever is legally, whatever action is legally allowed to take in the near, you know, in the very near future. MS. NORDEN: I know. I am just asking when that near future might be? SUPERVISOR HORTON: Well, I would have to say…. MS. NORDEN: I mean, I think, Josh, it is a very legitimate question. SUPERVISOR HORTON: I know and I am trying to answer it, Melanie. MS. NORDEN: Okay. Well then can we say, can we agree that a month from now, four weeks from now, we have a definitive plan from the Town Board regarding the action we are going to take? Does that seem reasonable? SUPERVISOR HORTON: I think well before then. MS. NORDEN: Alright. Should we say two weeks from now? SUPERVISOR HORTON: No, Melanie. I think we will say, you asked for four weeks and I am telling you that I think it will be well before then. MS. NORDEN: Alright. Okay. But I would like a commitment. If at all possible, I would like people to say, and this is a good will commitment, that we consider, the people that are here Page 61 August 16, 2005 Town of Southold Board Meeting tonight, consider this to be a gravely serious and abiding issue in this town and so we are saying, all things being equal, maybe one of you will break your ankle and you can’t come to a meeting, but all things being equal, we are asking for a good faith, good will commitment that you develop a strategy that you can lay out before us within four weeks. And I am saying, is that a reasonable amount of time? SUPERVISOR HORTON: I think that is entirely reasonable and I think that, as I said several times prior to this, that it will be well within that time frame. MS. NORDEN: And can we ask you then, if that would say be a four weeks from tonight’s meeting, that we have a presentation four weeks from now as to what the actual integral parts of that strategy are? SUPERVISOR HORTON: I think that information will be available well within that time frame. MS. NORDEN: But I would like it to be made public at a meeting so that we can have a chance to understand it and discuss it. SUPERVISOR HORTON: I am sure that that is entirely possible. MS. NORDEN: Okay. SUPERVISOR HORTON: Would anybody else…. NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz, fourth generation Southold Town. I said I lived in East Marion for 11 years, my family has been here for four generations. I am just curious, since we can’t do anything with our police, are they still down there checking cars and trucks? SUPERVISOR HORTON: No. MS. SAWASTYNOWICZ: Can we, at least, get them down there and get the speeders and the people that pass on the right? SUPERVISOR HORTON: They are writing…. MS. SAWASTYNOWICZ: We can make a lot of money, getting tickets from all these speeders, going and coming from the ferry. SUPERVISOR HORTON: The police department are writing a phenomenal amount of tickets from East Marion east…. MS. SAWASTYNOWICZ: Because I am telling you, we could make millions of dollars just getting the people that are speeding and then…. Page 62 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Unfortunately, the state takes so much of that, that at the end of the day there is very little return on investment in that but we, you know, it is more the safety aspect as opposed to the financial aspect but the police department is very active in writing tickets out there and generally works within the school zone as a start point to…. MS. SAWASTYNOWICZ: Okay, well I would like to make a request without doing a report to the police, to please put more police on. And as a mother of a son that turned 18 years old yesterday, I am extremely concerned about the war and I read in today’s New York Times and I have a copy for each one of you, that the war has become political and it just blows my mind…. SUPERVISOR HORTON: That is news. MS. SAWASTYNOWICZ: ….but anyway, government has now said that private companies do a better job on overseeing terrorists than government. So I am glad that we are not now checking down there. And one more point I would like to make, yeah, well anyway, it is just between politics and I just feel like if we can’t do anything about them parking there, at least give them tickets for the speeding and here is a copy of the letter from the New York Times today. SUPERVISOR HORTON: Okay. Thank you, Nancy. Would anybody else….yes, sir. You were going to address the Board? INAUDIBLE: My name is (inaudible) and I am a resident of Greenport and although I am familiar with what everyone is talking about here and I very much sympathizing with it, I am also sympathizing with you as a Board because in the legal aspect of legal aspect of many items, there is only so much one can do. I would like to talk to the audience here to some degree…. SUPERVISOR HORTON: Actually, sir, if you would please direct your comments directly to the Town Board? UNIDENTIFIED: I almost cannot do that, I just would like to tell a lot of people to take action into their own hands. This has happened in foreign countries, I know, citizens of Orient you have farms, you have potato wagons, there is a lot of ways that you can put things in your own hands that I suggest you start doing that. SUPERVISOR HORTON: Thank you, sir. Would anyone else care to address the Town Board? Yes, Ms. Tole. Go ahead, Benja. BENJAMIN SCHWARTZ: Good evening, Benjamin Schwartz, Cutchogue. I didn’t question about when the governor sent the National Guard down, was there any request, maybe he would send some state police down to…. SUPERVISOR HORTON: I made that request. MR. SCHWARTZ: And that was denied? Page 63 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: I didn’t make it to the governor’s office, I made it to the state police barracks in Southampton town off Flanders. And we had modest, at best, modest support there. MR. SCHWARTZ: Suffolk County didn’t want to help out? SUPERVISOR HORTON: Well, I made the request because it is a state road, I made the request for state police to provide some assistance. We had modest support. MR. SCHWARTZ: What about Suffolk County? SUPERVISOR HORTON: I didn’t request Suffolk County to come to Southold. MR. SCHWARTZ: It didn’t seem like it was really a local problem to me, even though it’s a problem in our town. SUPERVISOR HORTON: Requested the state…. MR. SCHWARTZ: We are also in Suffolk County, in New York State. And this is a national alert. And the other thing I am going to bring up and I know you are not going to hear about it, Josh, but you know, when you stand up there and tell me you are available 24/7, well, I admire you and I think you are great but nobody is that great. You know, nobody is available 24/7. SUPERVISOR HORTON: Well, I am. MR. SCHWARTZ: Uh huh. You don’t sleep? You know… SUPERVISOR HORTON: I get awakened in the middle of the night and these days, no, I don’t sleep. MR. SCHWARTZ: Are you working, are you starting a new company? I know you just had a baby, I am sure you ….. SUPERVISOR HORTON: I am not going to discuss my personal life with you, Mr. Schwartz. MR. SCHWARTZ: Well, forget about your personal life, how about your professional life? SUPERVISOR HORTON: I am not going to discuss my personal or professional life…. MR. SCHWARTZ: Well, it is interesting, there was an article in the Newsday but there has been nothing in either of the local papers. In the article in Newsday, in which you are interviewed, you said that you are working now 30 hours a week…. SUPERVISOR HORTON: No, I did not, Mr. Schwartz and I know…. MR. SCHWARTZ: Well, it…. Page 64 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: ….it was an article written by A.J. Carter of Newsday and I made the joke to him that I feel that I work in excess of 100 to 110 hours a week, so the way I figure, even if I pull 30 hours a week to myself, I would still be working more than full-time. It was an analysis, a comparison…. MR. SCHWARTZ: I didn’t know Newsday was a comedy, was a comic strip, I thought Newsday was…. SUPERVISOR HORTON: Whatever, whatever. However you want to interpret it. MR. SCHWARTZ: It was not written up as comedy. SUPERVISOR HORTON: Well, I… MR. SCHWARTZ: But in fact, last week you admitted to me that you are working for a new company, that you were starting up a new company. SUPERVISOR HORTON: I am not going to discuss my personal or professional life with you. MR. SCHWARTZ: Alright, fine. Then I will just say, last week you admitted that you are working for another company, in addition to working as Supervisor of Southold Town. SUPERVISOR HORTON: I didn’t admit to anything…. MR. SCHWARTZ: And you may be able to do two things at once…. SUPERVISOR HORTON: Mr. Schwartz, I didn’t admit to anything and I am not going to sit here and be…. MR SCHWARTZ: Okay. So you are not going to… SUPERVISOR HORTON: …inquire about my personal life. MR. SCHWARTZ: This is not your personal life. We are talking about…. SUPERVISOR HORTON: It is my personal life, what… MR. SCHWARTZ: Are you working as Supervisor of Southold Town? SUPERVISOR HORTON: Yes. I am committed. MR. SCHWARTZ: Is that a full time job? SUPERVISOR HORTON: As defined under the state law, it is not defined as a full time job. Do I treat it as such? Yes. Page 65 August 16, 2005 Town of Southold Board Meeting MR. SCHWARTZ: Okay but, legally your point is… SUPERVISOR HORTON: Legally… MR. SCHWARTZ: ….your position is that it is not a full time job and therefore you do not have to work exclusively…. SUPERVISOR HORTON: Legally, it is a town of the second class. MR. SCHWARTZ: Mmmmhmmm. SUPERVISOR HORTON: And those classes are based on population. As a town of second class, the Supervisor’s position is not specified as a full time or a part time position. I treat it as a full time position. End of story. MR. SCHWARTZ: Excuse me, I am not quite finished. SUPERVISOR HORTON: I am not going to entertain anymore…. MR. SCHWARTZ: Well, I am have one last thing to say. SUPERVISOR HORTON: Yes. MR. SCHWARTZ: You know, sometime during the last year, I believe the other members of this Town Board voted you a raise because it was said that you were working so hard and so long… SUPERVISOR HORTON: And whoever is Supervisor next year will benefit from it. MR. SCHWARTZ: …and now it appears, although you won’t admit it, that you have reduced your hours working for the Town… SUPERVISOR HORTON: Mr. Schwartz… MR. SCHWARTZ: ….therefore it would follow logically that you should receive a lower… SUPERVISOR HORTON: Okay. MR. SCHWARTZ: …thank you. If the taxpayers of Southold Town are willing to fund two offices for you and pay you on the basis of being a full time supervisor and live with you as a part time supervisor… SUPERVISOR HORTON: Mr. Schwartz… MR. SCHWARTZ: …then that is their business. Page 66 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: That is fine. I appreciate your comments. MR. SCHWARTZ: Okay. SUPERVISOR HORTON: Okay. ANN HOPKINS: Just one brief comment. Ann Hopkins, president of the Orient Association. I am heartened by what sounds like, finally, after all of these years, the Orient Association was founded in 1984, largely over the issue of ferry traffic and I have been involved in it. I have my own spider covered files also, that the Town is going to decide to act but I just want to say, on behalf of the people that aren’t the type that come and speak at these meetings and one of them was my friend who was sitting next to me and who lives at Orient by the Sea and just sort of quietly said, it is just awful. That you will have the Town with you if you take hold and act, please don’t be afraid, please don’t count on even the mythical ICC or the actual DOT to take action, that I just think that you will have great support all over town if you just stick to your guns and act. SUPERVISOR HORTON: Thank you, Ann. Cathy. MS. TOLE: Hi, this is still Cathy, still in Greenport. Pat had said something earlier that perked me up and I just want to ask a question about it. If a business in town had its certificate of occupancy revoked, let’s say a local retail place, had its certificate of occupancy revoked, would the Town shutter the building? SUPERVISOR HORTON: No. MS. TOLE: The Town would allow it to continue to function without its certificate of occupancy? SUPERVISOR HORTON: The Town would have to go to New York State Supreme Court to get an injunctive relief or to get a restraining order or to, you know, to get some legal document that would allow the town to take that action. MS. TOLE: Okay. SUPERVISOR HORTON: Did I state that correctly? TOWN ATTORNEY FINNEGAN: You are correct. SUPERVISOR HORTON: Thank you. Yes, Ms. Norden. MS. NORDEN: I just had one short, final question. When the Town chose not to act on the zoning change application of Cross Sound ferry, was that a hearing that was tabled or was that hearing closed? Page 67 August 16, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: It wasn’t a hearing. MS. NORDEN: Oh. SUPERVISOR HORTON: The Town rejected the application. MS. NORDEN: I see. SUPERVISOR HORTON: The Town said it would…. MS. NORDEN: It would not entertain the application at that time. SUPERVISOR HORTON: Thank you. Yes, the Town would not entertain the application. Not at that time. It said it would not entertain the application. MS. NORDEN: So under the terms of entertaining or not entertaining an application, is it possible to re-open or revisit that and then entertain at the same time, regardless of whether you would approve or not approve of it, a full SEQRA review? In other words, can you re-open that… SUPERVISOR HORTON: To be honest with you, that is the one down side of not entertaining that application, is that you didn’t have the whole picture open before you and I think I even, Gwynne, I think you even mentioned that in one of your columns, that the one down side to not entertaining that application is that it wasn’t open as a big picture issue by where you can commence SEQRA, you know, environmental action…. MS. NORDEN: But could you have a quote-unquote change-of-heart? And suddenly re-open the application? SUPERVISOR HORTON: I don’t know. If it has been…. TOWN ATTORNEY FINNEGAN: I mean the Town Board could do it on their own motion…. MS. NORDEN: They could? Right. Because in fact you didn’t make a decision… TOWN ATTORNEY FINNEGAN: Let me just finish… SUPERVISOR HORTON: But the Town would commence that zone change on its own motion, which I think would legally put us in a very difficult position because if we commence a change of zone action on our own motion, only to vote it down, but you know, review various elements, I think we would be legally in tough shape. MS. NORDEN: Right. Well, you could just, I mean, I don’t know that your good faith would be that thoroughly challenged. Alright. So it is much better not to reopen that. I was just curious as to whether in fact, Tom had mentioned and I think we all feel very strongly and I think by the Page 68 August 16, 2005 Town of Southold Board Meeting way, there is precedent all over the country for the notion of business planning and for town’s to review for example, the business plans of Wal-Marts, of K-Marts, of growth related planning for any large business within any municipality and so the notion of being able to look at, not just the environmental impacts and the impacts under SEQRA but to be able to actually take a look at the business planning and future growth plans of the Cross Sound ferry seems to me eminently reasonable. Reasonable because the fact that Cross Sound ferry is not growing in a vacuum but grows you know, at our expense. In other words, for Cross Sound ferry to operate, we have to have an infrastructure, roads and police and security and safety and all sorts of other guarantees that we as a municipality at our own expense, have to provide. So it seems reasonable that over and beyond SEQRA that we could ask, just like any large corporation would ask from one of its subsidiaries ‘what is your business plan, what are your plans for the future, how do you see your growth evolving’ and so that we could get a sense in a picture of what that would be. I was just thinking that if we had any other options under the law where we could immediately begin the SEQRA process, that would be helpful. But, thanks a lot. SUPERVISOR HORTON: Thank you. Are there other comments from the floor for the Town Board on town related matters? (No response) Motion to adjourn? Thank you for coming out tonight. This meeting is declared closed. * * * * * Elizabeth A. Neville Southold Town Clerk Page 69