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HomeMy WebLinkAboutTB-04/25/2002GENERAL MEETING April 25, 2002 4:30 P.M. A Regular Meeting of the Southold Town Board was held on April 25, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman Craig A. Richter SUPERVISOR HORTON: Councilman Richter has fallen ill and won't be joining us this evening. Southold Town Board has a few policies pertaining to how we conduct this meeting. If you see the printed agenda, you will notice that there is a time for the public to address the Town Board prior to the calling of the resolutions. You can address the Town Board in regard to a specific resolution. If there is business that you would like to address the Town Board on, that is Town related that is not on the printed agenda there is a forum to do so after the calling of the resolutions and we welcome you to the floor at that point. When you address the Town Board you speak to one of two podiums and speak into the microphones and state your name and where you are from for our records. Moved By Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $444,449.83; General Fund Part Town bills in the amount of $9,910.73; Highway Fund Whole Town bills in the amount of $12,619.68; Highway Fund Part Town bills in the amount of $5,531.68; Capital Projects Account in the amount of 2,903.26; Landfill Cap & Closure in the amount of $370,373.40; Open Space Capital Funds in the amount of $634,030.91; Community Preservation Fund (2% tax) in the amount of $27,159.25; Waterway Improvement Program in the amount of $90.92; New London Terminal Project in the amount of $412.50; Compost Land Acquisition in the amount of $2,741,749.83; Fishers Island Ferry District in the amount of $21,668.52; Refuse & Garbage District in the amount of $208,773.57; Southold Wastewater District in the amount of $344.62; Fishers Island Sewer District in the amount of $1,616.18; Southold Agency & Trust in the amount of $12,370.49; Fishers Island Ferry District Agency & Trust in the amount of $168.08. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Absent: Councilman Richter. This resolution was duly adopted. Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the minutes of the April 12, 2002 Town Board meeting be and hereby are approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Absent: Councilman Richter. This resolution was duly adopted. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 7:30 P.M., Tuesday, May 7, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. SUPERVISOR HORTON: We have various reports on file in the Town Clerks office, if any member of the public should care to review them, they are on file in the Town Clerks office, feel free to stop in at any time during the day between 8:00 A.M. and 4:00 P.M. and we will make those available to you. 4/25/02 2 We as well have public notices available for the public review, again at the Town Clerks office. We have a few communications that these are communications that, mind you I get several communications over the course of the week and I always take the opportunity when we have positive responses or positive reactions to employees or services we provide here in Town Hall from the public and I would like to acknowledge that there was two positive letters in regards to the Building Department and the efficacy thereof, one from Lonnie Soury and one from Russell Williamson. As well we are having this meeting on Thursday rather than Tuesday because our trusted Town Clerk was at a state-wide Town Clerks forum, at which point she was certified as a Registered Municipal Clerk. That doesn't mean you are leaving does it. Congratulations, Betty and Congratulations to the Building Department for winning the hearts of the public. We thank-you for that. At this point, I would offer the floor to the public to address the Town Board in regard to any items on the printed agenda. I. REPORTS. 1. Southold Town Justice Court, Bruer - March 2002 2. Southold Town Justice Court, Evans - March 2002 3. Southold Town Justice Court, Price - March 2002 4. Recreation Department - March 2002 5. Board of Town Trustees - March 2002 6. Juvenile Aid Bureau - March 2002 II. PUBLIC NOTICES Suffolk County Joint Task Force on Homelessness Notice of Public Hearing on the rising levels of homelessness and the increased demand for emergency housing Tuesday, May 7, 2002, W.H. Rogers Legislature Building, 725 Veterans Memorial Highway, Smithtown, 9:30 A.M. - 4:30 P.M. To testify contact Dennis Nowack, 631-854-9941. III. COMMUNICATIONS Letter to Supervisor Horton and Town Board from Lonnie Soury re appreciation to the Building Department. Letter to Supervisor Horton from Russell Williamson re commendation to personnel in the Building Department. Letter to Supervisor Horton from Barbara Decker, NYS Town Clerks Association, re Town Clerk Elizabeth A. Neville certified as a Registered Municipal Clerk. IV. PUBLIC HEARINGS None FREDDIE WACHSBERGER: Hi, I am Freddie Wachsberger from Orient. To address the Orient Coffee Company. The main issue here, I think, I mean I don't know a lot about the application because I haven't seen what was submitted to the Planning Board but addressing the issue of a liquor license and a coffee house which is what we heard in the Suffolk Times. I have heard that that building, that house was really never supposed to be business-zoned. It has always been a residence. I don't know of any time in its history of the past 100 years or so that it was in fact a business. The main problem, of course, is parking. There isn't any. There is no parking on the road there. It's immediately adjacent to the parking lot of the Candy Man, which has drive in entrances. It is across the street from the access to Youngs Road. It's on a curve by the monument where there is no parking into Village Lane. There is very limited parking on Village Lane. It's very close to the Fire Department and church and the school and it's simply a very hazardous place to have anything that requires a lot of automobile access. Clearly if it is business-zoned there are couple of kinds of businesses that would be appropriate which involve parking no more than one or two cars at a time, such as various kinds of offices. The other issue is that I have heard people say that the owner then would just say we'll just have a walk-in. Orient is not a walk-in place because where would people be walking from except from Village Lane. Innumerable people on Village Lane have expressed their stress at this application. It's not like Greenport where there are a lot of people walking around on the streets. There is no way to have a walk-in unless somebody drives up and parks and walks in. The 4/25/02 3 third issue, as far as liquor goes, is that this is a very quiet residential community. Anyplace involving the sale of liquor presupposes that it would be operating in the evening. And that there would be noise generated as there would be from a coffee house, if by coffee house we mean the old style coffee houses where one had gatherings. The main thing is that for a business there, it really should be a business that doesn't involve having more than one or two or few people at a time and not a gathering place because there is simply no place to park and the community further is very concerned about the idea about the idea of noise being generated in the evening by people who are obviously coming from elsewhere. So ! think it's an instance where one property owner has an unfortunate opportunity to totally disturb the quality of life of all of the other property owners in the area. It's by nature, unfair. Even if this is business zoned, ! think that the sale of liquor is by special exception. ! think that should certainly not be approved and that the owners should be encouraged to- if they are going to use the building for business- to use it for a business that does not impose to that extent on the community. Thank-you. EDWARD BLESCH: My name is Ed Blesch from Orient. ! live directly across the street from the proposed coffee shop and ! would like to make a couple of points. First of all, this is today's cache of parts of automobiles that have fallen off in front of my house. There are regular fender benders there, it is a very dangerous turn in both directions. There really is no place to park except on the Main Road which is posted as a bike route. Sorry about the show and tell but this is regular. Once a week ! go up and down, pieces of glass, metal, plastic. Secondly, last summer ! was away over seas and when ! came back the Town of Southold had sent me two notices penalizing me for the size of my hedge. Because it was over 2 lA feet and it was at a dangerous intersection. Those of you who know my property, it is a well-tended hedge, the hedge had been brought down to 2 lA feet, looks ridiculous. The reason for objection by the Town was it was a dangerous intersection that you couldn't make the turn out of Young's Road into the Main Road. It is a silly accusation because you had to pull beyond the butt of the tree at that point to see to turn anyway. So that had nothing to do with my hedge. But the point is that the Town Code, Code Enforcement Officer, who was then Ed Forrester said that it had to come down. And thirdly, ! recently took a course called Adult Defensive Driving at the Orient Fire Department to get discounts in auto insurance. In that course, the young woman who was our teacher for the six hours asked us when we were talking about the section on drunk driving and the increase in drunken driving and the police blotters on the cars through Southold Town. She said try to think of how many places there are between Orient Point and ! don't know whether she said Cutchogue or whatever the farthest point east would be. Think of the number of places that liquor is available and ! just today, it sounds astounding, ! know, but between the Point and Greenport where you turn off at the Shady Lady, there are 10 different places where you can buy liquor already. Now we don't think of that as reality but ! can give you the names of the places that sell liquor that we are entitled to use. ! think that this is unacceptable. We are a community of about 600 people and we certainly don't need yet another place dispensing liquor. My last objection is that it is in very close proximity to the school and a church and it just isn't really in keeping with stark nature of our hamlet. Thank you. COUNCILMAN ROMANELLI: Just to address some of the issues of the Orient, on this application. It is still in front of the Planning Board, it still has to go for site plan review. ! know the Planning Board has questions and concerns with it also, parking as well as has to be addressed. ! know off street parking. ! think it is safe to say that it isn't anywhere near proven but it still is sitting in front of the Planning Department at this point. SUPERVISOR HORTON: The Planning Board actually sent us a note requesting that, or advising the Town Board that from their stance that the Town Board need take a stance for or against in regard to this liquor license until the Planning process has actually been fully run through. But that is where, if you refer to this resolution, the terminology comes from. NANCY SWASTOWNOWICZ: Good evening, Nancy Swastownowicz, East Marion. On resolution 286. Could someone explain that to me, please? COUNCILMAN ROMANELLI: Mary Wilson is resigning as Assistant Town Attorney. SUPERVISOR HORTON: Our Assistant Town Attorney, Mary Wilson, was offered a job elsewhere.. She feels very strongly that that is an opportunity for her to grow and she wants to move in that direction. As far as ! am concerned, from a Board members stand point, a Supervisors stand point in particular, she will be missed sorely. She provides an incredible service to my office and she is somebody that ! have come to feel very close to and have a very good working relationship with. So that's what that is. Mary Wilson has accepted a job with Southampton. 4/25/02 4 NANCY SWASTOWNOWICZ: Well then, my next question is. Since the Town Board, not the Supervisor, got to pick Town Attorney, ! think it's only fair that Mr. Horton get to pick the Assistant Town Attorney and you could find somebody that you like to work with. Because this person that is going to be the Assistant has to handle the conflicts of interest with Mr. Yakaboski, father and son. ! think it is a very important issue. Thank-you. JOAN EGAN: Good Afternoon, my name is Joan Egan and I have several issues. SUPERVISOR HORTON: Are they in regard to the printed agenda? JOAN EGAN: Yes, well the .... if! don't do that ! mean I'll get kicked out. SUPERVISOR HORTON: ! don't think we would kick you out, we would just ask you to save your comments that don't pertain to the printed agenda until after we deal with the resolutions that are on the printed agenda. JOAN EGAN: Well, then ! will wait and everybody up there will be waiting for my questions. JUDY WATK1NS: Good Afternoon, my name is Judy Watkins from Orient. ! would also like to talk a little bit about resolution 285. Regarding the proposed liquor license and coffee shop. One thing that ! want to say is that in relationship to automobile traffic, in Orient in particular, at that point, ! know people have said this particular structure is near a church, it's near a school. ! would just like to point out that Orient is a walking town. The kids all walk to school for the most part, there is a school bus but a lot of kids walk to school and walk home and they walk right by this corner and through this intersection every day, twice a day. Or they ride their bikes. It's a very difficult thing to imagine how these kids are going to be able to negotiate with extra traffic there. The people pulling in and out of parking lot, if there was a parking lot and with people driving possibly impaired also, ! am very concerned about that. The other thing is, as you have probably all read or heard about, we in Orient have been recently victimized by a certain amount of burglaries and other types of nuisances, other types of illegal nuisances. ! personally feel that having an opportunity for people that are passing through Orient to stop and buy liquor, drift through our village, ! really think that this is going to jeopardize the safety and security that we have all moved to Orient for, or have grown up in Orient and have enjoyed for a long time. In conclusion, ! am not sure if everyone that is here from Orient will want to come up and speak, so ! would like to have a show of hands of who from Orient is here because of this resolution. Thank-you. JOAN EGAN: ! do have a couple that are on here. Number 10 says Police Advisory Committee report from Councilman Richter, is that available? And conditions of Town Hall basement, ! was the one who called everybody's attention to that one. Now there is something that says Animal Shelter Foundation, memorandum of understanding by Councilman Moore. Are you prepared to elucidate on that? COUNCILMAN MOORE: Yes, ! am. JOAN EGAN: Good. Do it. SUPERVISOR HORTON: If you would like to address it now, it would certainly be appropriate. COUNCILMAN MOORE: O.K. this is my opportunity to give a small report on matters which ! briefed the Town Board on this morning, which is the status of the shelter. ! am really excited because we have a great bunch of people working. We've got the league facility as it stands presently. The league is working with a volunteer architect, Reggie Weile, on design. The Town has Jamie Richter working with us on design, in fact, we're sitting down for a meeting May 6, ! believe, to hopefully finalize that design. We've got another group of volunteers who understand the budget constraints the Town is under and stepped up to the plate and said we want to help. We want to raise funds to help build the shelter, to help get equipment for the shelter and to get this thing to where it's got to be to get done. So this foundation, these volunteers have offered to create, it's not a Town foundation, have offered to create this foundation specifically to raise funds to help build and equip this shelter. So we are saying, please go with our blessings, go do this. That is where we are at. 4/25/02 5 JOAN EGAN: I think that this all sounds very Pollyann-ish. First off, who sets the rules for the Animal Shelter? In other words, what we do when we pick them up, how long do we keep them? Who sets the rules, do you know? Yes or no. COUNCILMAN MOORE: We have a ..... JOAN EGAN: Who is we? COUNCILMAN MOORE: The Town of Southold has an obligation to provide a service. We have a contract with North Fork Animal Welfare League to provide that service. The Town taxpayers pay the League to provide this. They walk the dogs, they collect the dogs. JOAN EGAN: You haven't answered my question. Who makes the rules at the Animal Shelter? JUSTICE EVANS: The state. COUNCILMAN MOORE: The league Board of Directors helps set the policy and procedures about how they run up there. JOAN EGAN: Are they controlled by anybody here in Town Hall? Or do they make their own rules? TOWN ATTORNEY YAKABOSKI: We have a separate contract, in that we contract with the League to provide the service of collecting stray dogs, holding the dogs, adopting them out. JOAN EGAN: Yeah, we do that. Who controls that? You haven't answered my question, Mr. Moore. They can change their rules, does somebody, who governs the other than-the place they live, they eat, COUNCILMAN MOORE: The League operates the facility. They contract with the Town. They set the rules. JOAN EGAN: The League does. Who controls the League? COUNCILMAN MOORE: The League is a membership corporation that elects its Directors.. JOAN EGAN: By you guys? COUNCILMAN MOORE: No. By members of the League. The League is a recognized... JOAN EGAN: How does one become a member of the League? COUNCILMAN MOORE: I'm sure they would be happy to, they are doing a membership drive right now. Is it $15.00 per annum. JOAN EGAN: You'll treat us all to that, right Mr. Moore? SUPERVISOR HORTON: Joan, my question to you is. Do you have any further questions in regard to the printed agenda? JOAN EGAN: Yes, what about these reports on the Police Advisory Committee reports from Mr. Richter. Is his report here and available to be read. COUNCILMAN ROMANELLI: It was put on the agenda prior to Craig getting that so he didn't make the meeting today or this evening. JOAN EGAN: And he didn't get his report to you? SUPERVISOR HORTON: That is correct. We will have that to you in short order. JOAN EGAN: ! see. Well, that's all for now. ! still don't feel my questions were answered. Board of 4/25/02 6 CATHY SMITH: My name is Cathy Smith, ! live on Village Lane in Orient. I, too, am here to comment on the coffee house and the proposal for the liquor license. We have approximately 800 winter residents in Orient, that number doubles in the summer. Village Lane is also a designated bike route. ! don't think any of us are against Mr. Erlich opening a coffee house or a business of any kind in Orient. It's the site that he chooses to use for that commercial property that we feel that the site is not in the right place. It's in a place that is an accident waiting to happen. ! think that it would be a good idea for us all to take a very good look at exactly where that is located. ! think that some people on the Planning Board have already been down to take a look at the site. You will see that it really is not the best place for that kind of commercial operation. Thank-you. SUPERVISOR HORTON: Would anybody else like to address the Town Board in regard to the agenda? WALTER MELLAS: My name is Walter Mellas, I'm a resident of Orient. It is quite obvious that this proposed nightclub, if that is what it is, or bar at the intersection of Village Lane and Main Street is not a suitable location. Am ! correct that the only action that this Board is going to take tonight is to vote on what to tell the New York State Agricultural Beverage Board? SUPERVISOR HORTON: Yes, that is correct. WALTER MELLAS: Can ! ask you then, not to be quite so even-handed and suggest perhaps that it is not such a good idea? COUNCILMAN WICKHAM: John Romanelli spoke a few minutes ago. This whole application is before the Planning Board. It is really improper for us to make an a prior judgment about the project while it is still under review by the Planning Board. But ! think it very important that your views be made available to the Planning Board. So ! hope there is a way that your comments, your participation today can be reflected in that Department while they are undertaking the site plan review. JOAN EGAN: In regard to that coffee shop, how will this play out when the roads are widened? Will they chop it off?. Is there, maybe we will get rid of them that way. Do you know the answer to that? Yes or no? SUPERVISOR HORTON: The only thing ! can tell you is that ! have heard no plans to chop any homes or businesses off of the North Road. JOAN EGAN: Well, they are going to have to chop by or condemn to make it a four lane highway. Which they are doing. Or maybe they will chop it off, that will be wonderful. SUPERVISOR HORTON: Would anybody else care to address the Town Board? GERALDINE WOODHOUSE: ! am Geri Woodhouse from Orient. ! want to talk about two resolutions that ! think are related. One is #274 and ! want to commend the Board for designating a Southold Town landmark at the recommendation of the Landmark Preservation Commission. ! also want to ask you as a Town Board, to revisit the issue that the Code Committee was dealing with a year ago about the issue of historic preservation as it specifically related to Orient and ultimately the Town of Southold. About a year ago, a group of people from Orient, or more than a year ago, came and worked very closely with the Code Committee of the Town and New York Historic Preservation to try to strengthen our laws to protect Historic Districts or to create some laws to protect Historic Districts within the Town of Southold. To my knowledge, there was a lot of input given to the Code that was proposed and none of us have been given any information back as to what has happened to that. In the year since we met and talked with the Board, three more homes on Village Lane have been sold. Each of those homes where owned by full-time residents. Of those three homes, two were sold to people who are using them as week-end or part-time homes. One of them is used by a family who is living there full-time. There are several other, at least one other property that is for sale right now. The particular house that is proposed to be used for the Orient Coffee Company is at the entrance to Village Lane and really the focal point of the Historical District. If you looked at the four corners on that particular piece of property, all of those homes are historic homes and they lead to Village Lane, where every house on that Lane has some historic designation to it. ! am concerned about the fact that we have no laws on the books that really preserve and protect this district and all the other districts. I'm concerned about the fact that even though you are a Landmark Preservation Commission. It has no teeth and that any one in the Town violates any of the laws that relate to renovating, tearing down, 4/25/02 7 destroying historic homes, that we don't have penalties that are enforceable. I am aware now that there are several people that are trying to renovate and restore old homes within the town who are coming in to conflicts with our own laws and Building Departments because it is my understanding that there is not adequate appreciation for what historic property is. ! have not seen the house myself but there is a house not very far from Orient where the Building Department has felt that the owner needed to remove a three story circular staircase because that staircase is not wide enough to fit our Town Code. It is my understanding that this house is one of our most significant architectural structures within the Town of Southold and to destroy that central staircase and destroy one of the other ceilings in that building, is integral to the heart and soul of what that property is all about. That is just one example and there are several others that I've heard about in the last couple of weeks. All of these issues that ! am bringing to you attention remind me how important that it is for you to really take the lead and do something to help those of us who want to maintain those aspects of Orient and the rest of Southold that is so important to us. So ! urge you to look at what is happening with the Code Committee and ! ask you to look very carefully at the way in which decisions are currently being made by the Zoning Board and the Planning Board as they relate to historic structures. ! want to bring one other issues to your attention, ! haven't had time to research it carefully but as I've been looking at some decisions that have been made about variances that are being granted to houses in Orient. The language when those things are being discussed frightens me. Because rather than making clear cut rules, some of the language refers to the fact that well, the last time that we made that decision we allowed this much beyond what is normal in the code and the next house we allowed this much of a variation therefore on this latest proposal we really can't enforce our own laws because we have already given away what we had to these other people, how can we now hold fast on the laws that are on the books? The explanation that ! have been given is that the members of these Boards don't want to risk being sued by somebody that would say you've already given it to this person why won't you give it to me? That to me says that we need to do some serious looking at how they make decisions and how we are establishing criteria? Because the further you get away from what are the essential rulings that you want to hold people to, the more difficult it is to enforce anything in the Town. That is what ! wanted to raise tonight in reference to the resolution. SUPERVISOR HORTON: Are there any other takers on the printed agenda? #256 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following returning individuals to the position of Traffic Control Officers for the 2002 season at the rate of $11.97 per hour: Erin Clacherty Abigail Cochran Rory Flatley Todd Jackson Warren Jensen **Christopher Lappe, Jr. **Upon completion of attending the P/T Police Academy he would become eligible for a seasonal police officer position thus creating a vacancy on the Traffic Control Officer line. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #257 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign the 2002 Community Development Block Grant Agreements between the Town of Southold and Suffolk County, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #258 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: 4/25/02 8 To: A. 1910.4.300.700 Insurance, C.E. Deductibles & Co-insurance $23,000.00 From: A. 1910.4.300.400 Insurance, C.E. Police Professional $14,500.00 A. 1910.4.300.500 Insurance, C.E. Boatsman Policy 4,000.00 A. 1910.4.300.600 Insurance, C.E. Umbrella 4,500.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #259 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: TO: Revenues: A.2705.40 Appropriations: A6772.4.100.100 Gifts & Donations Other Donations Vote of the Town Board: $100.00 Programs for the Aging Supplies & Materials Office Supplies $100.00 Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #26O Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police Department 2002 budget as follows: TO: Revenues: A.3089.55 Appropriations: A.3120.2.500.350 State Aide GTSB Traffic Study $4,000.00 Police, Equipment Other Equipment Trailer & Safety Seats $4,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #261 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby transfers clerk-typist Martha Jones from the Human Services Department to the Assessors Office, effective April 8, 2002 SUPERVISOR HORTON: I would like to take this opportunity to say how pleased I am to have Martha Jones again working in this building. About a year and a half ago she was moved up to the Human Resource Center and she came to me early on in my term and said she felt she was being underutilized and I have an awful lot more to offer. When that comes from an employees mouth, saying I want more to do, that really warms your heart and inspires one. I would like to welcome Martha Jones back to Town Hall. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 4/25/02 9 #262 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: TO: Revenues: A.2705.40 Gifts & Donations $1000.00 Other Donations Appropriations: A.6772.4.600.200 Programs for the Aging Seniors Trips & Excursions Vote of the Town Board: Aye: Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly adopted. $1000.00 Councilman Romanelli, Councilman Moore, #263 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Police Department 2002 budget as follows: TO: Revenues: A.3089.30 Appropriations: A.3120.2.500.325 State Aide DCJS Grant $15,000.00 Police, Equipment Other Equipment Trailer Vote of the Town Board: Aye: Justice Evans, Supervisor Horton. This resolution was duly adopted. $15,000.00 Councilman Wickham, Councilman Romanelli, Councilman Moore, #264 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste District bud;~et as follows: To SR 8160.4.400.825 Glass Removal From SR. 8160.4.400.810 C&D Removal Vote of the Town Board: Aye: Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly adopted. $ 7,000.00 $ 7,000.00 Councilman Romanelli, Councilman Moore, #265 Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill No. S.7146 and Assembly Bill A. 11080 Entitled "AN ACT to amend Chapter 252 of the laws of 1990 relating to the appointment of town officers, in relation to authorization for the Town Board to appoint four (4) additional constables solely for the benefit of Fishers Island, who shall possess all the powers and duties of constables in civil and criminal actions and proceedings. It is hereby declared that a necessity exists for the enactment of such legislation, whereas the Town Board does not have the power to enact such legislation by local law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #266 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle to be surplus and valueless: 4/25/02 10 1988 Chevrolet, color white, bearing NY plate #C12779, V1N 1G1BL5167JA161028 Be It Further RESOLVED that the vehicle be disposed of as iunk from its location on Fishers Island through the Fishers Island Ferry District Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #267 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints James M. O'Keefe to the position of part-time mini-bus driver for the Human Resource Center, at a rate of $9.65 per hour, effective April 29, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #268 Moved by Councilman Moore, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following persons to the Board of Assessment Review, effective April 22, 2002: Thomas Ryan, term of office to expire on December 31, 2003 Gerard H. Schultheis, term of office to expire on December 31, 2006 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #269 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Chief Carlisle E. Cochran, Jr. to attend the NYS Association of Chiefs of Police 2002 Annual Training Conference commencing Sunday, August 4 through Thursday, August 8, 2002, at the Hotel Thayer, West Point, New York. Registration fee for this conference will be $150.00. Travel will be by Town vehicle. Hotel accommodations will be for five (5) nights at the special rate of $121.00/per night. Additional costs will be for meals together with tolls and miscellaneous out of pocket expenses. All expenses will be a legal charge to the Police Department Training Budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #27O Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town board of the Town of Southold hereby authorizes Town Comptroller John Cushman to attend the satellite teleconference entitled~ "A Pre-Retirement Seminar - An Employer Perspective~" on Tuesday~ May 21~ 2002, at Suffolk County Cooperative Extension in Riverhead. The registration fee of $10.00 shall be a legal charge to the Accounting & Finance Department's 2002 budget, account A. 1310.4.600.200 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #271 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Webster P. McNeil, from his position of part-time custodian for the Southold Town Human Resource Center, effective April 22, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #272 Moved by Councilman Moore, seconded by Councilman Romanelli, it was 4/25/02 11 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution number 201 of 2002 adopted at the March 12th~ 2002 regular Town Board meeting which read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes the purchase of a New Holland 2120~ Compact Utility Tractor~ with accessories~ at a price not to exceed $25,000~ under New York State Contract No. 40601, with funding from the Town of Southold Parks & Playground and Department of Public Work Accounts, subject to the approval of the Town Attorney's Office. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #273 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Community Preservation Fund as follows: Revenues: H3.11 $9.10 Community Preservation Fund Land Preservation Taxes $12,500 Appropriations H3.8710.2.500.100 Community Preservation Fund Equipment & Capital Outlay Contractors Equipment $12, 500 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #274 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby designates the Mary & Diana Zanganas house (Moses Cleveland House)~ located at 50145 Main Road~ Southold as a Southold Town landmark at the recommendation of the Southold Town Landmark Preservation Commission Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #275 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste District budget~ as follows: To SR 8160.2.400.150 Break Room Trailer (rental) $ 6,000.00 From SR. 8160.4.400.700 Equipment Rental $ 6,000.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #276 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute all necessary documents to apply for a "de-watering permit" for the Brushes Creek Bridge Proiect. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #277 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute an agreement with Suffolk County for the purpose of improving 4/25/02 12 and maintaining active parkland on the parcel known as "Strawberry Fields" subiect to the approval of the Town Attorney. SUPERVISOR HORTON: This has been a deal that has been in the works for quite some time. It just happens to fall on my watch that I get to sign the agreements. This is good news for the community, I believe in regard to whatever improvements we make will be for the public good, whether it be soccer fields or a batting cage. The one thing that I think that myself as well as the entire Board is that we will be ensuring a spot for the Lions Club to continue to host the Strawberry Festival, which I thing is something this community does not want to see cast away. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #278 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby engages the services of Albrecht~ Viggiano~ Zureck~ & Co, PC, to perform a review of food purchases made from a specific vendor. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #279 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby codifies and reconfirms existing Town Board resolutions and practices that~ effective immediately~ the Town will provide continued health insurance coverage into and during an employee's; retirement from the Towm and pay for the premium cost for that coverage at the same percentage as is paid on behalf of active employees, provided that the employee: (1) is enrolled in one of the group health plans offered by the Town at the time of retirement: (2) is vested into and receiving benefits from either the NYS Employee's Retirement System or Local Police and Fire Retirement System; and (3) has completed 10 years of eligible full-time service with the Town as of the date of retirement if hired on or after February 23, 1978, or 5 years eligible full-time service with the Town as of the date of retirement if hired prior to February 23, 1978. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #28O Moved by Councilman Romanelli, seconded by Justice Evans, RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 25, 2002, REPEALING, RESCINDING AND REVOKING THE BOND RESOLUTION ADOPTED BY THE TOWN BOARD ON OCTOBER 9, 2001 AUTHORIZING THE ACQUISITION OF CERTAIN LAND AND THE BUILDING THEREON AND THE RECONSTRUCTION, IN PART, OF SAID BUILDING AT THE ESTIMATED TOTAL COST OF $600,000. Recital WHEREAS, on October 9, 2001, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, adopted the Bond Resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 9, 2001, AUTHORIZING (A) THE ACQUISITION OF (1) THE CERTAIN PIECE OR PARCEL OF LAND DESIGNATED AS 700 BOISSEAU AVENUE, IN SAID TOWN, AT THE ESTIMATED MAXIMUM COST OF $82,000, AND (2) THE EXISTING BUILDING SITUATE THEREON, AT THE ESTIMATED MAXIMUM COST OF $418,000, AND (B) THE RECONSTRUCTION, IN PART, OF SAID BUILDING, AT THE ESTIMATED MAXIMUM COST OF $100,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $600,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" 4/25/02 13 (herein called the "Bond Resolution"), subject to permissive referendum, and no valid petition was submitted requesting that a referendum be held within the thirty-day period after adoption of the Bond Resolution which became effective after said thirty-day period; and WHEREAS, said Town Board has reconsidered the necessity of acquiring said land and building and reconstructing, in part, said building for use as a Town Hall Annex, as described in the Bond Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of the entire membership of said Town Board, AS FOLLOWS: Section 1. The Town Board of the Town of Southold, in the County of Suffolk, New York hereby determines that the acquisition of the land and building and the reconstruction, in part, of said building, as authorized pursuant to and described in the Bond Resolution, is no longer required for use as a Town Hall Annex, the purpose for which it was intended to be used and it is in the public interest to repeal, rescind and revoke the Bond Resolution. Section 2. The Bond Resolution is hereby repealed, rescinded and revoked. Section 3. This Resolution shall take effect immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Justice Evans, Supervisor Horton. No: Councilman Moore. This resolution was duly adopted. #281 Moved by Councilman Moore, seconded by Justice Evans, it was WHEREAS, Pets contribute so much to the quality of life in our Town, from being a best friend to comforting the old, helping the blind, rescuing the distressed, fighting crime and some say even helping children read and WHEREAS the nature and quality of our new shelter says as much about us as a community, as anything that we as a Town can do, for how we treat animals is an expression of our respect for life itself and WHEREAS, Animals are such an important part of our lives and the quality of life in our community, that it is desirable, even necessary, to have a shelter that not only is physically capable of housing and caring for its inhabitants, but is also run in a professional and humane way, and held to the highest standards as these are all important elements in creating a steady flow of happy, healthy, trained and groomed pets for adoption by the community and WHEREAS, toward that end and based on the hard work that many have contributed to get us this far, NOW, THEREFORE BE IT RESOLVED, The Town of Southold hereby approves and welcomes the formation of a not- for-profit {The Town of Southold -Raynor Shelter Foundation) for the sole purpose of raising funds for the Town's new animal shelter and does authorize and direct Supervisor Horton to execute a Memorandum of Understanding with the incorporators of the Foundation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #282 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Chituk to the position of interim Receiver of Taxes, at a salary of $28,140.00 per annum, effective immediately. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #283 Moved by Councilman Wickham, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby approves the reduction in the amount of the performance bond for roads~ drainage~ and other improvements for Peconic Landing~ Greenport~ NY SCTM# 1000-35-1-25, from $3,964,216.00 to $1,670,836.00. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #284 4/25/02 14 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby sets the public hearing for the appeal of a decision of the Southold Town Trustees which decision denied the application of Angelo Padovan for June 18~ 2002 at 10:00 a.m. in the Meeting Hall of the Southold Town Hall. The application was to "Construct single-family dwelling, partially on pilings, with on-site sewage disposal system and public water". The property in questions is identified by SCTM# 1000-135-1-23 & 24.1. The application was denied under Chapter 37 (Coastal Erosion Hazard Areas) of the Town Code. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #285 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED by the Town Board of the Town of Southold that the State of New York Licensing Services Division of Alcoholic Beverage Control Board be notified that the Town Board is neither endorsing nor opposing the application of the Orient Coffee Company Inc. for an "On- Premises" Liquor license until the application has been fully considered and acted upon by the Southold Town Planning Board and any other necessary Boards. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #286 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Mary C. Wilson from the position of Assistant Town Attorney effective May 9~ 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #287 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Nature Conservancy for parking at town beaches by their designated staff for the monitoring of piping plover nesting and authorizes and directs Town Clerk Elizabeth Neville to issue the necessary proper permits for same. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #288 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies General Fund Whole Town 2002 budget as follows: TO: Revenues: A.3089.80 Appropriations: A. 1010.4.500.500 Misc. State Aide Department of State Grant $10,000.00 $10,000.00 Town Board, Contractual Expense Contracted Services Planning Consultant SUPERVISOR HORTON: I'll briefly note that there is a $10,000 grant that was issued to the Town by Assemblywoman Acampora a couple of years ago. The grant was unused. When I came into office I felt the need, not only in the wake of September 11 and the heightened concern and sense of interest on behalf of the community in regard to Plum Island-the job it carries out and the activities that take place there. I thought this would be a fantastic opportunity for the Town to act as a conduit or a platform of education to bridge that gap between the community and the staff, the government and workers at Plum Island. We are going to utilize that grant for that specific purpose, more information will be presented to the public as the time draws near. I think this is going to be a program that is going to be 4/25/02 15 a positive forum for the community and instill a greater sense of awareness in regard to Plum Island Animal Disease Research Facility. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted SUPERVISOR HORTON: That concludes the roll of the resolutions on the printed agenda. At this point, we'll offer the floor to the public. If there is anybody here who would like to address the Town Board, please. SONIA POLAK: Good Afternoon, my name is Sonia Polak, I'm a resident of Southold. I have a question on the modification to rent a trailer for the waste disposal place. I've seen the trailer. Why don't they just buy one? Wouldn't it be cheaper, then renting it every month or however you do that. COUNCILMAN ROMANELLI: The office trailer? SONIA POLAK: The one over at the dump, whatever they use it for. Wouldn't it be less expensive on the taxpayers and the Town? To just buy one outright. COUNCILMAN ROMANELLI: Sometimes it is. This particular one, I can't remember how we went through it, we have a few trailers throughout Town. Some of them we bought, some of them we lease. Some of them you can lease and then buy out at the end. We got burned a few years ago on a trailer rental, so we all look at them pretty closely. This particular one, I don't remember the deal on it but it might have something along the lines of a three-year lease with a buy-out on the fourth year. Which actually turns out to be less money than buying it up front. John Cushman looks over the leases pretty closely now. SONIA POLAK: Can I ask another question then. On this business on providing insurance to employees that are retired from the Town employ. Is there any amount of years they have to work before they are entitled to this. JUSTICE EVANS: It depends on when they started work with the Town. But it has to be 10 years of full-time employment. If they started after 1993 .... TOWN ATTORNEY YAKABOSKI: I can't remember the exact date but basically what that resolution is doing is simply clarifying what the Towns policy has always been. It was if you had started with the Town quite a way back, I don't remember the exact date, there was a five year minimum working period before you could retire from the Town. Now it is a ten year, after a certain date. SONIA POLAK: Yes, but most private businesses in order to, some of them offer, most of them don't. To be entitled to medical coverage via retirement, you'd have to have at least 20-25 years employment. Five or ten years is like nothing. COUNCILMAN ROMANELLI: The rules that are in place is number one, the employee has to be enrolled in one of the group health plans offered by the Town at the time of retirement. At the time you retire you have to be enrolled in a health plan. Is vested into and receiving the benefits from either the NYS Employee Retirement System or Local Police or Fire Department Retirement System. Number three, have completed 10 years of eligible full-time service with the Town as of the date of retirement if hired on or after February 23, 1978. So it just clarified it. I agree with you that in the public sector you need more than 10 years but this isn't the public sector. SONIA POLAK: Technically, it is. It is the taxpayers sector. COUNCILMAN ROMANELLI: The private sector, I'm sorry. The private sector doesn't work that way. SONIA POLAK: Do they pay anything towards it? COUNCILMAN ROMANELLI: For the health benefits and retirement, no. SONIA POLAK: Nothing at all. 4/25/02 16 JUSTICE EVANS: They make the same contribution everybody else makes. SONIA POLAK: I should have stayed at the Tax Office, I'd have done alright. Okay, I have another one. ! don't need to take up everyone's time, this will be short and sweet. On the not for profit Town of Southold-Raynor Shelter Foundation. Who is Raynor? What exactly will they be doing? COUNCILMAN MOORE: Mr. Raynor was that donor of the $250,000. Mr. Lamb was the lawyer who presented on behalf of the family. One of the conditions of that gift that we accepted last April or May was that the Shelter gets to be named after the Raynor family. SONIA POLAK: Yes, I understand but it says Shelter Foundation. I can understand naming the shelter after him but this Foundation is supposed to be another group that says they will raise money to provide supplies or whatever. Right? COUNCILMAN MOORE: Right. For the Raynor Shelter. SONIA POLACK: So the money they raise .... COUNCILMAN MOORE: Will be specifically for the construction and equipping of the shelter. SONIA POLACK: Now, do they have to turn these funds over to the Town? COUNCILMAN MOORE: That's there whole purpose. That's the reason they have been created. SONIA POLACK: The Town will keep a complete accounting, right? COUNCILMAN MOORE: They are a separate entity. Like any other 501-C3, they have to show what their purpose is for being and then report annually. They file reports with the State of New York showing they have disbursed their funds. Whatever postage expenses and things like that. But their purpose for being is to fund the construction and the equipping of this new Shelter. SONIA POLAK: Is that in addition to the funds the Town has had the Bond for? COUNCILMAN MOORE: Sure. They don't get to count that. SONIA POLAK: Okay, just checking. Thank-you. AMY MARTIN: Good Afternoon, I am Amy Martin a resident of Greenport, also the newest member of the Southold Town Tree Committee. As you know, tomorrow is Arbor Day and we will be dispersing 840 trees to the children in the elementary schools in Southold Town to take home and plant. This year it will be Norway Spruces. We bagged them last night, we had a good committee of the whole committee plus additional family members and volunteers. We bagged them up in an instructional bag with the Town of Southold sticker on it and tomorrow they will be given out. We wanted to use this opportunity as Arbor Day to state our cause a little bit more. We have two proposals before you as a code that we would like to see added to the Town way of doing things to protect our trees. One, we spent a few years putting together ourselves and another has been presented to you by the Planning Board. We are not asking that you adopt any one of these codes as they have been presented to you but we are asking you to seriously consider a code that will protect the trees in our Town, if we had a code of sorts that would protect, we are only asking at this point to protect trees on vacant residential property. We are not asking you to go into somebody's back yard and tell them they can't take down a tree, they can't prune a tree. We are asking you to protect trees that don't seem to be protected by the laws that are already in place. That means anything that doesn't have to go before the Planning Board can presently be destroyed. We are just asking that you give that some serious consideration before ! became a member, it was two years before this that the first proposal was put before you, the previous Town Board, ! think that a Town Board that is based on preservation really should be thinking about saving the trees. The second thing is just something that ! became aware of tonight was there was a letter from Valerie Scopaz from the Planning Board asked about a matching grant that was available that obviously they were not going to have time to get from her department that would have possibly put the wires on the Causeway underground and that we would have had State funds to help do that and that there is something else on signage to make that more 4/25/02 17 regulated and more attractive and if the Scenic Byways proposal and I wanted to know if anything was able to be done by that, there was a May 1 deadline on that proposal. SUPERVISOR HORTON: I can speak to you about that a little bit. Points of clarification, Valerie and I submitted a $2,000,000. grant request application offered through the Federal Government. Which made it through the first round and didn't make it to the second. This other grant that we are discussing now that you are raising a question about was brought to my office's attention yesterday afternoon. The Planning Department would not be able to complete paperwork due to various... Valerie has to be out for personal reasons and we have a member of the Planning Department who is also out for personal reasons. So she came to my office and discussed this with me or discussed it with the staff in my office and what I did at that point was designate my office, working in conjunction with Neb Braschich, to try our best to complete the application and get it in. Indeed, that is important, anything we can do to improve our line of sight and our environment on the Scenic Byway, particularly in the Causeway, which is where that grant will be funneled to is something that will move in that direction. That was dumped on us yesterday and we are doing everything that we can to get that in. AMY MARTIN: I would like to volunteer, depending on what my employers schedule allows. If there is anything clerically or whatever that I can help with, I would like to make my time available to help get that grant in because I think that is the first step in getting other wires underground and saving our trees and not watching the massacre that has happened, not just in the past but actually a couple of weeks ago when we went around the dump and we tore apart two farms of 150 year old trees while the residents weren't there. When there is a sod farm on the opposite side of the street. If I can be of any help, please call. COUNCILMAN ROMANELLI: Amy, I want to address you on the Town Board hasn't seen the tree ordinance you have created or working on from the Planning Board. I have been working with Mark Terry, we have something coming out that I'll have to you in another week or two. SUPERVISOR HORTON: Mike, you mention to me and I brought your issue before the Town Board today in regard what do we do with the excess trees from Arbor Day, I requested support of the Board in regard to planting your excess trees in, out, about and around Custer Institute. As acceptable to the Board the one thing we are going to request, I am going to have Tom Wickham get in touch with you as he is the liaison to the Land Preservation Commission, there are some particular interests in that six acre parcel, I think working in cooperation with the Land Preservation Commission we can certainly see there is some space provided for the planting of your excess trees. Tom will be in touch with you. Would anybody else like to address the Board? PETE BELL: Pete Bell, Stillwater Avenue. I would like to give the Board 23 signatures on our petitions to protect East Creek, which is the end of our petition campaign. The unfortunate part of this situation is the Board of Trustees voted to give the developer the variances by a vote of 4 to 1. They allowed the developer build on East Creek. There are two ways to look at this. When the developer started two years ago, he wanted to put three housed on the property of 1 and 1/7 acre. Attending the meetings and bringing out the different points and the environmental concerns we were able to stop the development and bring it down to one house. That is a victory as far as we are concerned. Now, the Trustees voted to allow this building to have its septic tanks, one out of the three within their lee' jurisdiction and allowed them to have a 30' set-back from the wetlands which is normally a 50' set- back. So a lesson to be learned from this is that the Board of Trustees can't stand the pressure that is put on them by the developers. They just cannot stand it. The developer comes in there with lawyers, aerial photographs; he bangs these guys one after another with meeting after meeting after meeting, so that they are worn down. I must say that the bay man on the Trustees, Ken Poliwoda, was the only one to vote against the proposal because what he wants is the Town to develop a law that says you cannot have a cesspool within lee' of the wetlands, and you have to have a 50' setback from the wetlands. That way, we would be setting up limits to development. Because developer, when he would look at a piece of property and see that he can't do anything and he can't get any variances for this type of operation will abandon any thoughts about building on that property which would make it easier for the Town to turn around and say, we think that particular parcel or development near the wetlands is important to the estuary, I think Greg can amplify what I am trying to say, that there are approximately 57 parcels deemed important to Peconic Estuary. Unfortunately, the one that was just voted for was one of those, so we are going to lose that one for its value to the Peconic Bay Estuary. The other point I would like to ask, has there been any resolution about the confusion about the Land Preservation 4/25/02 18 Committee, whether it can be proactive or not? Does it have to wait for a developer to come to them, or can they go to the developer or the owner to ask to buy the property? COUNCILMAN ROMANELLI: They can be proactive. COUNCILMAN WICKHAM: ! am the liaison to that Committee and ! see at least one member of that Committee with us today. They definitely can be and are proactive. As a matter of fact, they with the Peconic Land Trust have tried to reach the owner of that property to see even at this stage if he would have any interest in selling his property to the Town in the reserved open space. ! don't think it's very likely since he already has the permit but they are proactive they are trying, they are seeking a voluntary sale arrangement with him. All sales between the Town and land-owners have to be voluntary. We really can't compel them. PETE BELL: ! understand that. I'm glad to hear that the Town can has a different outlook than it had the last particular meeting, that ! thought anyway. COUNCILMAN WICKHAM: Well, ! am afraid we didn't represent it very well last time. PETE BELL: One other point is that these people are still asking for a 25' setback from the road. All the other houses on Stillwater Avenue have 50' setbacks. It still has to go before the Zoning Board and ! don't know what they will do but we are hoping that they can stop them there. COUNCILMAN WICKHAM: It wouldn't hurt for you to show up at the Zoning Board. PETE BELL: Well, we'll be there. Thanks a lot. RAY HUNTINGTON: Just a clarification about last nights meeting of the Board of Trustees, the motion that was passed requested the developer to file a new plan that would reduce the size of the house. It was not approved last night. The developer will provide another plan and it will again come before the Trustees. At that point, it is likely in my view, that that permit could be approved. But it hasn't happened yet. The point that Peter Bell brought up about the jurisdiction of the Trustees, which is 100' from the water, is just that jurisdiction. ! think and I've heard anyway, this is a bit premature on my part, that Ken Poliwoda one of the Trustees is going to, or is in the process of asking the Town Board to codify these limits. ! think that is a very good idea. What we need to do here is clarify and strengthen some of these things so that Boards working in behalf of the Town Board can communicate well with one another, pull better in a straight line towards the things that we all want. COUNCILMAN ROMANELLI: Just so you know, ! did meet with Ken Poliwoda and Peggy Dickerson last week on this exact code that was brought up. They brought me all the information last Friday. I've since met with the Planning Department and the Town Attorney to get that law into the books. TIM WACKER: Tim Wacker, Track Avenue, Cutchogue. ! just wanted to point out, in 1972 or 1973, the Town Board passed a law which made it illegal to back-fill and bulk-head wetlands. This really infuriated a lot of developers and landowners but it saw the wisdom of the move and had the determination to follow through with it. ! think at this point, you are facing the same kind of decision to make a law that establishes firm set-backs from wetlands because the parcel we are interested in is just one of a whole lot of parcels going down. There is precedent for this kind of thing. Thanks a lot. SONIA POLAK: Sonia Polak, Southold. ! have a question that has nothing to do with any of the resolutions. Why don't we have benches at the bus stops in Southold. There are a lot of senior citizens, couples with young children. You know how the buses run, every hour. You find people just standing there for hours. They have a load of benches in the Park over there on Youngs Avenue that never get used. Couldn't they put a couple of benches where the bus stops are in town? SUPERVISOR HORTON: That is not a bad idea. Actually, what ! will do is bring that up as well to Rudy Bruer, Jr. who is the head of the Greenport-Southold Chamber of Commerce. I've been working with the Greenport-Southold Chamber on some grants in regard to streetwise revitalization and downtown projects, so while ! know that there are benches as part of that. So ! will see where they are at in regard to that grant application and the project moving along. Then from there, if it seems like it would be quite a lot of time, we will pursue other avenues. ! agree, the more we can do to insure the 4/25/02 19 safety and well being of our senior citizens, particularly that do the good thing and use public transportation .... SONIA POLAK: There is one elderly lady who sits on the curb when she waits for the bus. ! think everyone has seen her. They should have benches. It would be much more comfortable for them and it would be safer that sitting on the curb. Hopefully, they will put them in. Can ! ask one more question? Do you have a name of all the officers of the Raynor Shelter Foundation? COUNCILMAN Mrs. Morelli and create it and do a MOORE: We have two folks who have volunteered to be the incorporators, Mr. & they are going to create the foundation. They are going to go up and do a foundation, board. Just like any other not-for-profit. SONIA POLAK: It isn't really in effect then? COUNCILMAN MOORE: No. They wanted the green light to say will you accept this as a proposal. We said, sure go ahead and raise the money. But they want the Town to be willing to work with them, so that is what we are going to do. VICTOR BROWN: ! am Victor Brown, 67 Steps Neighborhood Association. That is in the unincorporated Village of Greenport. Earlier this week, on Monday, there was quite a hubbub raised when a bulldozer suddenly appeared on the property that is being proposed for development by Ma- Tine, Inc. that is the 5.7 acre plot that is just north of the blinking light by Main Street. Some of the neighborhood residents came out realizing that this was an unauthorized encroachment on the land and called the Police. They also called the Code Enforcement Officer and the bulldozer was removed. The following day, your Code Enforcement Officer, Ed Forrester wrote a memo. Alleged land clearing violations Ma-Tine property. ! responded to a report of illegal land clearing at the above referenced location. Upon arrival, ! observed the contractors truck, trailer and bulldozer on Town Property (he is referring to a sump which belongs to the Town) adjacent to the subject site. The contractor stated that he was clearing a path in an area in preparation for test holes to be excavated for the proposed Health Department applications. His access over Town land was denied and the equipment was removed. ! am sure you all know that land clearing without a site plan is forbidden, under Section 100259 of the Town Code and it is my understanding without reading the whole code which ! have a copy here and a copy of Mr. Forrester's memo to that effect. If a developer persists in clearing the land before the necessary approvals are given i.e. site plan approval and other approvals a $5,000. fine will be imposed. ! guess at this particular juncture based on Mr. Forrestors' memo we would urge the Town to impose that fine. Also we would urge the Town to keep things on the up and up, keep people honest here, to issue a cease and desist order. Which would stop further encroachment or insure stopping further encroachment on the land. In this particular case, ! guess ! would want to know, if our neighborhood association would want to know, what you intend to do about it? What are you going to do about it? What would you do about it? COUNCILMAN ROMANELLI: ! was called at 8:00 the other morning about this. When the bulldozers pulled up. ! called Ed Forrester right away and sent him down there. There also was another section of the code, which says that access to the land can be made in order to access for testing purposes. Does that mean access can be made with a bulldozer well, no. But it doesn't say in the code that you can't do it with a bulldozer either. So after Ed came back from that whole situation, he gave me a call and faxed over exactly what the code says. He called me up and said we need to change this to clarify this, so that if someone wants to come in and do a test well for whatever reason, they can come in with a chainsaw and a drill, they don't need to come in with a bulldozer. ! am telling you this right now and ! hate to say this but ! think actually acted within the code. It may not be pretty but the way the code is written right now it almost could appear that way. VICTOR BROWN: Let me comment about that. Twice I've come across individuals on that site. In one instance, it was a Stony Brook Archeological person. In the second instance, it was a surveyor. This surveyor had surveying equipment that looked like he was communing with the global positioning network more than he was doing actual surveying. At least the surveying that ! know. Maybe they are a little more sophisticated these days. ! had some conversation with that surveyor and he led me to believe that he was led to believe, by the developer, (this was about two months ago) that this was a done deal. That there was going to be approval, that he was going to go ahead. ! am just relating to you what the guy said so ! have come to the conclusion after the bulldozer incident and some other comments from some other people who have implied done deal here, that maybe the point here is that certain liberties are being taken by the developer,. Maybe he does think or maybe he has been led to 4/25/02 20 believe that it is a done deal. Maybe he has contacts, or thinks he has contacts in Town, I don't know. Maybe he is being ushered through the process. But it looks, sounds, and smells to me like this guy has is taking some liberties. Otherwise, why would he put up the money to have a bulldozer out there? Bulldozers are expensive. He wouldn't do that, I don't think. He doesn't need a bulldozer to do some test samples. COUNCILMAN ROMANELLI: I don't know what you are trying to imply so lets be careful about what you are implying because I don't like the tone. I am going to read to you what the code says this exact wording. "No re-grading, clearing, tree removal or any other work in preparation of the future use of a site except limited to clearing needed to undertake survey work or soils investigation may take place or be permitted to take place on a site that has been approved by the Planning Board." Now, with that said, do I think that it needs to happen with a bulldozer, my personal opinion is no, that is what Ed Forrestor brought to me that morning. He said that the developer is going by the letter of the code, the letter of the code doesn't say how you have to clear this land it just says you can clear the land for testing. Should that be clarified? Absolutely. VICTOR BROWN: Someone just gave me a document from a survey that was done back in September, a year ago. This clearly indicates that all the holes where dug. They did a lot of digging and soil testing, somebody is not telling it like it is. In all due respect, it really sounds fishy. This is a very extensive here, from an engineering firm. COUNCILMAN MOORE: I don't want you to suggest that somehow the Town Board has greased this guys skids and given him a green light. Because we haven't. This thing has been put on hold in a big way. But let me finish. The property apparently is a sufficient size that he could go into the Planning Board with this other vision amplification for, you know better than I, the number of lots he could get under the current zoning, forget the affordable housing implication so it is entirely conceivable that he is getting his information. But don't suggest that somehow he has been given a wink and a nod from up here because it hasn't happened. VICTOR BROWN: Don't second guess me, I'm not accusing you as a Town Board. I'm not. You can think whatever you want, I use the word carefully use the word usher. Ushered him through. I would think if not the Town Board maybe some other agencies, groups or individuals, I don't know. I don't know that but it looks to me like someone is trying to help this guy along. He is taking some liberties. That is why I am saying to you, it doesn't look good to me. I don't know how it got to be that way. SUPERVISOR HORTON: What I think and I know why you are all here and have been here in times past, what needs to happen is we need to close this public hearing at some point and get to the process of really finding out, so you all know one way or another where the Town Board stands. In regard to that application. I think that is what this is really about. My question, if I was up there, would be where are we at with regard to the public hearing and where is the process, the SEQRA that needs to be completed. Those are the questions that really need to be answered. Was a bulldozer warranted? I agree with John, absolutely not. Was the law broken? Our Code Enforcement Officer was dispatched, our Police Department was notified. I as well, directed the Police and the Code Enforcement Officer to go down there to rectify the situation. Should that code be dealt with? That is absolutely within the realm of our capabilities and I think our responsibility to revisit that to see if there are ways to strengthen it, to fortify it, to prevent what your concern is. As far as what happens, is the Town Board pursuing enforcing a fine or imposing a fine? When the Code Enforcement Officer writes a ticket or a summons of some sort. It goes to the Town Attorneys office. The Town Attorney deals with the Code Enforcement Officers reports. In regard to that, that is where that is. What I think this is about, what is going to happen with that piece of property? That is why you come here at every opportunity and I commend you and I appreciate that. So I would like to know where we are at in regard to the process, in the regard to the SEQRA? That's a question that the Town Attorney has to answer for us. I think that he is probably equipped to do so at this point. TOWN ATTORNEY YAKABOSKI: At the last meeting, or even two meetings ago, there was some additional information that was needed to complete the SEQRA. A letter was sent by the Town Board out and at the Supervisors request within the last two weeks a follow-up contact was made with the applicant to make sure that the SEQRA gets done. So that the public hearing process can move forward. As I sit here today, I don't know the exact status of where that all is supposed to have been done. I think one of the requirements was an archeological survey. I do not know if that has been completed as to date. I was talking with somebody today and I believe that that has not been completed. The rest of that application is with the Planning Department, to make sure all the I's were dotted and all the t's were crossed. The Board has been on top of it. In terms of the applicant being 4/25/02 21 able to move forward the plan under the AHD, that is a no go at the moment because you need to have a public hearing, you need to have Board approval. That does not exist at this date. In other words, they cannot move forward except for what we just talked about. They can't move forward at all with that application as proposed for the AHD. It just cannot go anywhere. If they tried to go forward with that application it would be stopped dead. If they tried to act as if they had permission, which they do not. VICTOR BROWN: It appears to me that they don't have any permission to do anything. At this particular juncture. COUNCILMAN WICKHAM: Investigative work they can do. TOWN ATTORNEY YAKABOSKI: Other than that there is nothing, no approvals. VICTOR BROWN: Alright, as long as that is clear. Thank-you. MELANIE NORDEN: Melanie Norden, Greenport, NY. I have some other points to make about this particular development. But I do want to say, harkening to what Victor said, a survey-complete survey- was filed with the Planning Board. All test holes have been dug, all preliminary information and plot plans have been analyzed. We can present it to you tonight although it is in the Planning Board file. There is no reason for additional investigative work, it is all completed, it is simply waiting for a signature. So we take issue with the fact that the developer with a bulldozer was there to investigate soil sampling because a very thorough research and analysis has been done by surveyors in the State of New York on that very topic. But beyond that- we can submit that to you at the end of the meeting. I have some very real concerns regarding two aspects of this affordable housing application. The first one has to do with the filing of the Freedom of Information Request that I made on March 5 to gain as much information as I could about this project. When I filed the request, I filed it in my name but it was actually for everyone in my neighborhood who is concerned about the project and who does want up-to-date information. The Town Clerks office has been really wonderful in gathering and garnering that information each week. When I first filed the request I did make it clear that I would be prepared to file the request weekly, daily, or monthly to make sure all of the information that I gathered was both historic and perspective. The Town Clerk didn't feel, at that point, was really necessary and so I've been going each week and talking to Linda Cooper who has been really wonderful in saying if there has been an update in the file or whatnot. I've had a hard time though, to some degree getting information as easily from the Town Attorneys office. I bring this to bear because right after the Public Hearing letter was written by the Town Attorney to the developer that did not make it into the Town Clerks files until I specifically requested that particular correspondence. That to me is very key because all along we have been requesting information, including the engineers report, which we have been denied. I have now appealed that decision and also have appealed the decision through the NYS Committee on Open Government. But beyond that, had we known and seen the original engineers report we would have found out some information that I believe is of interest to all of us. That is that one of the engineers felt that there was an archeological site of prehistoric or historic interest on or near the site and themselves had contacted the Department of Historic Preservation in the State of New York. This is information to all of us in my neighborhood is really critical. Also, presumably information which is of interest to the Town of Southold itself, because your code book does read, the Town of Southold recognizes that protecting its historic resources is important. This recognition goes beyond just recognizing the physical structures many of the place and road names still in use are variants of the original aboriginal and colonial place names and on and on. The way the Town Attorney has handled this issue has not revealed the concern we may have on prehistoric sites or Native American burial grounds is essentially to ask the developer to provide the archeological site review. Though this may be standard procedure we would like to request the Town in the interest of preserving our historical heritage as well as the historical heritage still living in this area, to themselves take on a thorough going investigation. Because there are clear conflicts of interest. If a developer is allowed to hire an archeologist to report on whether in fact there is an historic site on the property that archeologist may in fact be somewhat biased. So we would like the Town to go forward to fully recognize that this may be an historic site of national signifigance to respect the Native American population in this area, to enjoin its own Landmarks Preservation Commission to become involved because it is the Town of Southold's Landmarks Preservation Commission that has authority in the area of Native American remains and burial grounds. To make sure that we follow this process very succinctly, clearly and to the letter of the law. There is a Federal law that governs the repatriation and reburial of Native American remains. The Attorney General of the State of New York has led the charge recognizing the importance of not disturbing these sites. A bulldozer may come and go but the 4/25/02 22 bulldozer may also be taking a piece of our cherished North Fork history. So I ask all of us, step back a little bit to take the decision making out of only the hands of the Town Attorneys off ice to take a clear look at where the Town Board could go with this, which we all see as very significant historical information. To ask the Board if in fact it would appoint or otherwise hire an independent firm to take on this investigation so we can be thoroughly assured that we are actually not destroying a slice of North Fork history. So, could I ask you if you would be interested in pursuing this in some way and seeing about finding an archeologist for the Town that could undertake this and perhaps bringing in our local resources, the Long Island Archeological Association, the Indian Museum, our Landmarks Preservation Commission, and perhaps even the Shinnecock Nation in looking at the site somewhat more thoroughly? COUNCILMAN MOORE: We have currently an environmental consultant who serves the Town, Chick Voorhis of Nelson, Pope and Voorhis. That is our designated expert. I appreciate the comment you made about a hired expert shading .... MELANIE NORDEN: No, this is an expert...just to be very clear. The developer was asked to hire an archeologist. This is independent of the engineers report. It was a staff member, an engineer of Chick Voorhis's firm that first was concerned about the Native American remains and herself followed up with the New York State Department of Historic Preservation. The firm itself actually has raised the issue as to whether there is a Native American burial ground or early settlement on the property. COUNCILMAN MOORE: We have put the burden on the applicant to address that question and whatever information they provide has to be then examined by Voorhis's firm and whoever else is in there. If they feel they need to have additional support staff to address that question but it's one of those ones where a professional walks in and says there is absolutely no problem here, not a historic issue whatsoever, they will be laughed out of the room if the person reviewing it says excuse me, but did you examine here, here, here and here. There is a bit of peer review that goes on there and that is why we have Chick and his firm and those people to assess the depth and accuracy of the information that is given to us. It's not as though we as a bunch of lay people are going to .... MELANIE NORDEN: No, I understand that. But I would actually like you to essentially play that role. Not as lay people but as lead agency in going beyond what would normally be required which is to ask the developer to provide the archeologist and perhaps yourself considering, either with Mr. Voorhis's firm or with another archeological firm, retaining an independent archeologist to evaluate this information. The review process by the way does go back to the Department of Historic Preservation. They will be prepared to do Phase I and Phase II review of the site. But I think in the interest of our local history it's very important that we not put the burden either on the developer or allow the developer to play a lead role in assessing the either through a person for hire, or whatever, in assessing the archeological significance of the very site he wants to develop. I would urge you and we all urge you in our neighborhood to contract with an independent, utterly unbiased archeologist who is not being paid by the developer to undertake the investigation. We see it critical to the history of our neighborhood and I would also urge you as I said before to bring other parties into that discussion as well. COUNCILMAN WICKHAM: The developer has a right, a legal right, to respond and to hire and to do all of the investigations they should do. So they can hire any archeologist they want. The Town has a responsibility now to review very carefully what their archeologist say. We can then do exactly what you suggested. Which is to hire a strong consulting support on the archeological site, to see if what the applicant has said is accurate and if it isn't, we can raise questions, we can do all kinds of determinations along those lines and finally make a ruling. That is how the SEQRA system works but they have the right... MELANIE NORDEN: I understand that and I understand that is generally pro forma. COUNCILMAN WICKHAM: I think that we have a responsibility that we will take seriously when we get that report. We will operate it through our Environmental Consultant but we can add additional consultants on the archeological site until then. MELANIE NORDEN: I would like to see that process speeded up a little bit more. Rather than wait for the developers information it would seem to me that John Green and any number of local resources should be brought into the dialogue early on. I would urge you as reviewing this housing project and this new wrinkle in this project to take that advice and to see if we can open up and create more of a 4/25/02 23 dialogue with the very resources in Southold Town rather than bringing in paid archeologist from outside of the Town. People who may or may not have a particular local knowledge or interest. ! would like to see this process opened up and somehow we use our actual living resources right here. JOAN EGAN: Now it has been almost two years since ! have made a call to your office to call me back. Have you ever called me back? The answer to that is yes or no. The answer to the question is yes or no. Now at the last meeting ! asked you to find out something important about insurance, sidewalks have you done that yet? The answer to that is yes or no. No, fine. Mr. Romanelli, on the other hand, took the time, the effort and the consideration to call me back. He is working on a very important issue for all of us, which is noise control and people hiring people outside our sphere here to man these gardening clean-up people, ! have to listen for one hour and a half while my neighbor next to me and the three on the other side have their machine going. Then when Mr. - ..... , when he takes a big branch off he has the grinder there. Have you ever heard that and seen the mess? Very important, ! can't even open my windows for 1 lA hours. ! can't even talk on the phone and you know me with the phone, right. Mr. Moore, how are you? Mr. Moore, it's been almost a year and a half since ! asked you, ! even went to the expense of sending you a registered letter return receipt requested which you have yet to reply to. ! have requested you to get me a separate zoning meeting for the errors .... you sent me a letter, a very trite letter, get yourself an Attorney. ! don't need an Attorney, we have a zoning board man, that ! think ! did see your degree up there, you are a lawyer. This problem could have been so easily resolved if somebody had taken the time to listen to me and to go down there and observe it themselves. They didn't. Mr. Forrester came down. Did you? No. Did you answer my return calls, no. Once, once. Did you answer my anything, Mr. Moore? Have you done anything-is your head falling off again? COUNCILMAN MOORE: Just about. JOAN EGAN: Good, I'll catch it. Now, are you going to get me a separate zoning meeting, so we can review the whole thing and ! don't think ! need to repeat what zoning did wrong. Now, ! may not get my way but ! would think that ! am entitled to a hearing and treated to dignity and respect. That's it. Have fun. EUGENE DRUMM: Gene Drumm, Greenport. ! was the one who called the Police last Monday because that property that Ma-Tine, whatever you want to call it. Because the bulldozer went on Town property and just did as he damn pleased. That irked me. ! made the complaint. Pete Harris came down and Pete Harris did the right thing. He went in and told the fellow, you cannot go on this property. Now the decision had to be made, does he come back on it he could have said no go through the other way. ! don't care how you go through, stay off my property. If he did he would have cut those trees down. So he went back out. That morning ! had a meeting with Valerie, which ! made the appointment several weeks ahead. She was very helpful, she gave me a lot of information. ! gave her some information that she didn't have and she said this will help the Town Board, the Planning Board make the decision especially with this piece of Town property where the developer wanted to go through. ! have drawings that go back to 1932 when that property was designed. That was given to the Town as a Town piece of property. It's not a road extension, it was never a road extension. COUNCILMAN MOORE: Which piece of property? Where the sump is? Okay. EUGENE DRUMM: I've lived there for 45 years so ! know when the sump was built, Harold Price put it in after ! was there on this piece of Town property, he also put a road on another piece of Town property so he could connect McCann's. That's all ! have to say. Valerie has done a very good job with what she is doing. Pete Harris is doing a marvelous job. SUPERVISOR HORTON: Thank-you very much. ! also appreciate the call you placed to my office, holding us accountable. Thank-you. JAMES DINIZIO: James Dinizio, Jr. Greenport, Sound Road. I have just a couple of things and mainly they are just comments. One is on Mr. Browns comments and perhaps his tone which was a alluded to. ! think you have to go back to when this all started. This piece of property was actually represented to this applicant by the Town, by a Committee of this Town. Okay? This was the Real Estate Committee, the Affordable Home Committee, okay? ! think pretty much, not that it can be implied but certainly someone who was going to purchase the piece of property from a person who was representing the owner that was on that Committee. You could assume that they have, maybe not an inside track but certainly a lot further along than if they had done it on their own. ! think that 4/25/02 24 people in my neighborhood are looking at it that way. I think that when a bulldozer shows up at 7:00 in the morning and people read the code and know that they cannot do anything without a site plan and this gentleman has a bulldozer there, I think that only tends to increase their awareness of the fact that this property was recommended to this owner by a Committee of this Town. Now, I for one have been involved with the Town for a number of years and I can tell you that I don't think it's the way it works. I think that for the most part the Town doesn't encourage these things. I think that in this particular application I'm seeing some rushing. Number one, there was a motion to rush this on to the agenda or the public hearing without having the record intact. I'm talking about SEQRA. We discussed that the day that you made that vote. That no it will be done before we have the public hearing and we are still talking about it. This doesn't fare well for you folks up there and it certainly doesn't appear to us, people in our neighborhood who are trying to get information who should have the entire record available to them so they can comment on it intelligently. They are not receiving that information, folks. It's like pulling teeth. Calls aren't returned, we have to file a Freedom of Information, baloney. The reason why you have a Public Hearing is for people to comment on the application. Not to amend the application. The application is supposed to be complete. This application is not complete and I asked you the last time at that Public Hearing to vote it down. They can come back with a completed application. I am telling you that you can make that motion at the next Town hearing and just be done with it and let them come back. Because there are people in my neighborhood who got turned down for the exact same thing that this person is asking for which is an increase in density. I think that for the Town to now turn around and force this, or at least threaten this, and I am not talking physically threaten, I am talking even considering it. When you have laws on the books that have taken lots away from people because of density to increase the density on that land is intolerable. You've got to stop torturing the people in this neighborhood. Next, I'm saying just have a motion put it on the agenda and turn it down. He can come back later on. Because things do look fishy when you have people on committee's, they are honest people believe me, I know every one involved. It just doesn't look right, there is an appearance there that this Town that certainly with the headlines that we have had since January, it just don't look good, folks. I am going to tell you, you are going to need to make it look good. Now I have complained about the Town Attorney, I still don't think he is doing a very good job, but guess what, five to one you guys voted to give him his job. Now you don't have to do that. He can stay on just as a holdover until whenever. You know what, it may increase his productivity. May even make him a little harder to do a better job. But you affirmed it. You affirmed what I consider to be not such a good job. I think that's abhorrent. You did the same thing today. You are giving the Town employees health benefits for the rest of their life. Now, you are all business people up there. Would you give that to your employees? I am going to tell you, if this is not in the contract-it's awful easy to say yes or no. COUNCILMAN MOORE: Jim, if I could interrupt for a second. Your last observation on the last resolution is not accurate. JAMES D1NIZIO: I know you are affirming it. COUNCILMAN MOORE: Big difference and that was done through labor counsel and advice we got there to firm up the vagaries of a long-standing practice. That doesn't address contract negotiations in the future but somehow the Town Board today decided here and now to do something different. JAMES D1NIZIO: I agree, I agree. But guess what, you didn't have to do it either. COUNCILMAN MOORE: If you knew the background as to why we did that, if you knew the information that we had, you would have joined in doing that. JAMES D1NIZIO: Okay, well I suppose you were going to get sued. Whatever, I think it is abhorrent. And I want to state this on that, on that particular...I am having a hard time when I come to these meetings trying to follow the agenda because there is no way that I can investigate all these things. I mean you have two or three sentences and nothing happens. Just like you said, you know the truth, if you know it, you know you should give us more than one sentence. You should let us know what these things are and I mean before you vote, the Town meeting takes four hours-it takes four hours. But everybody sits here the same way--wondering what these things are about. In all honesty, I didn't even see that. I would have brought it up beforehand. I just glanced over it. I looked at it on the internet. I didn't see this one because it seems to me that, you know, the Town employees are hard workers and all that but quite honestly, they are not worth it. For the rest of their life, to have medical benefits paid. I know that none of you up there, none of you up there give your employees do that. I wish you would treat the town, I'm asking you and hoping that you will, treat the Town as you would 4/25/02 25 treat your own business. Because that is what its all about, it's why you got elected. Number two, on Melanie's comments it goes back to the same thing. Misinformation, or not enough information, lack of information and you really should consider her thoughts on this because again if there is something on there and its overlooked ..... COUNCILMAN ROMANELLI: Can I make a comment, Jim. You know, you all like to stand at that podium and say that there is misinformation and there is underlying corruption that everyone is worried about. I have to tell you that I sit up here and I get a little annoyed at those comments. If we had something to hide, no one has rushed this hearing down to pass it, to move it along. If anything it is taking longer than it should have taken. Because this Board and the Planning Board has taken a lot of time to make sure that we have everything for the file, everything. So when the decision is made we can make it and stand behind it, either way. If it fails or passes, which ever way this Board decides to vote, we want to make sure we have every bit of information there. The archeologist study, we have talked about that two meetings ago and we turned it over to the environmental planners so, I've got to tell you that the whole BS standing at that podium and telling us that we have some underlying corruption and we are pushing something through, that we are hiding something, we are not giving information out, it's just wrong. At least, I don't see it that way. JAMES D1NIZIO: John, I am not accusing anybody. COUNCILMAN ROMANELLI: That file is open for anybody to look at. Anyone can go down to the Planning Department any time they want, look at the whole application, you can get any information that you want and again, no one has rushed this, no one is trying to push this through, we are trying to make sure the I's are dotted the T's are crossed, so it's a proper, educated decision to be made by the people on this Board. I take offense to it. JAMES D1NIZIO: John, you shouldn't take offense because either you have misunderstood or you just didn't hear what I said. Because exactly what you said is exactly what I am trying to say. The application should not even be discussed in public until it is complete. Now this application is not complete. That is what I am trying to say. I am trying to say that, you know, each time we see the application, an application that voted and advertised to have a public hearing on, that particular application is incomplete and it should not be. The application should stand, the moment that you vote on it, that application should not be allowed to have anything added to it unless it is on public comment. If you are relying on public comment, okay, for something that is this important, than you have got to at least have a complete application for the public to see. Now, your archeologist, fine, that should have been taken care of before you voted on it. Before you voted to have a public hearing, you should have your opinion. Now, if you are saying to me that you agree with the findings of the person that they hired, then fine. Because that is what it says, that is what you have said by going to a public hearing that you agree that the application is complete and that this is what we are going to vote up or down. Then we can come in and comment and you can vote on it. But when we are still waiting for SEQRA, we are still waiting for comments from agencies that are pertinent to this, than I've got to tell you, that don't look good. I'm not saying anybody is corrupt. What I am saying is, if you look at it from the outside and you look at the fact that this particular piece of property was found, was recommended by a Committee in this Town, to this developer, you gotta start thinking about things. Now, I am not saying that it's a corrupt situation, I'm saying look at how it appears. Okay? All I'm saying to you is, why don't we all have public comments on a completed application? The way to do that is to turn the application down and let them come back in. Thank you very much. MELANIE NORDEN: I really feel compelled to address this. Greg, I think it would be helpful if you explained to John what it meant to withhold the Engineer's report and Inter-Agency materials under the Freedom of Information Act. Because I requested specifically the Engineers report, in writing the response was that the Town Attorney would not allow us to see that report because it contained Intra- Agency materials. I have formally appealed that decision with the Town Clerk, I appealed it to Josh initially, I appealed it formally, as I know understand I need to do, with the Town Clerk and with the Department of Open Government. But information was withheld from this group and I want to be very clear and Greg, I would like you to address it so John has a clear understanding that we really requested some information that we did not receive, on you decision. TOWN CLERK NEVILLE: Mrs. Norden, I would like to address what you said about the SEQRA report being available and the Committee on Open Government. I did have an opportunity to see Mr. Robert Freeman, the Executive Director of the Committee on Open Government, on Tuesday, and asked him this question directly. He said that a SEQRA report, an environmental report that a Town Board asks a consultant for is within the realm of an Inter-Agency document because a member, to just 4/25/02 26 ask another department head, they do not have the expertise necessary to make such a report. That was his answer to. MELANIE NORDEN: I talked to Robert Freeman yesterday, there is only a portion of such a report that is available to be withheld and that is the conjectural portion. Robert Freeman has in writing and has done many opinions on this, that all of the statistical and factual information in such a report must be revealed to the Public. Now, you can call Robert because I just talked to him yesterday and I reviewed this entire appeal process with him. The report and the portions of the Engineer's report having to do with any statistical factual information of any kind, is in the public realm. So only a portion of that report could be withheld and it is only as a discretionary withholding. There is actually, frankly, from my perspective, no reason to have withheld any portion of the report. An opinion of Mr. Freeman on this, to more thoroughly clarify this but I do want to point out, John, in all honesty, we've requested information. This information was denied to us. It was denied in writing and I have now appealed the Freedom of Information. Now why it was denied and why Mr. Yakaboski felt so compelled to not reveal the Engineer's report, I don't know. It seemed to me that it was mostly statistical and historical information but it would have revealed something else that was really important from our perspective, which was the entire notion of the archeological site among many other things. Now, I think that that report should have been put in the public realm. We are talking about access to public information. Mr. Yakaboski might have been within his rights to withhold a portion of it but not all of it and Mr. Freeman can provide that opinion. SUPERVISOR HORTON: Where is the Town Board at in regard to this application and we are in regard to the Public Hearing on that? It's caused so much controversy and then there has been questions back and forth between the Town Board and the Public. Where are we at with the process? Are we in the position to close the hearing or move on with or not look at this application until it is complete? TOWN ATTORNEY YAKABOSKI: Currently the application is being reviewed by the Town Planner. So I don't have all the information in front of me right now. Valerie is looking at all of this stuff. Number two, as to the SEQRA, our Environmental expert thought that additional information should be supplied. Some of the additional information was archeological. This Board would probably want to wait until information is supplied so the Board can make a determination as lead agency under SEQRA. And make a finding of either significance or non-significance which if it is a positive declaration you lead to more environmental or a negative declaration you stop at that time. At that point, when that information is all filed, all wrapped up, the Board has the opportunity to take a vote on it. The hearing has been held open, it's my understanding that once the Board makes its environmental determination the public can be fully aware of all that and everybody will have a full complete time to comment. Did help answer your question at all? I think that that sums it up. SUPERVISOR HORTON: Were we wrong in proceeding with a Public Hearing without a complete application? TOWN ATTORNEY YAKABOSKI: You weren't wrong. No. MELANIE NORDEN: Excuse me, I'd like to say it's not only a matter of the completed application it's the erroneous aspect of the application. The presentation on the night of the Public Hearing indicated a different plan than what is in writing in the application, plot plans were different, different maps, different information as to the ownership of the property, the entire proposal and the application was different than what Ms. Mesiano presented. At the time, we pointed out the difference. The application reads 13 lots. She presented 10 lots. The plans and the original maps and the application indicated 13 lots, she presented 10. Mrs. Tasker was no longer the owner of the property, at the time the application was presented to Public Hearing, I could go on and on. It's not necessarily simply a function of completeness it's also a function on accuracy. These inaccuracies have been pointed out repeatedly to the Town Attorney's office. I would urge you to close this hearing both in terms of completeness but also accuracy. The information you got that night as to what that project was, was different than the information that was presented in writing. TOWN ATTORNEY YAKABOSKI: A recommendation would be to, if you want to have a fresh look taken at it, would be to have the Town Planner (tape change) The Board is compelled to hold Public Hearings on applications. If somebody applies, you have to do it. 4/25/02 27 COUNCILMAN WICKHAM: We have a Public Hearing that went out, it was in the newspapers. That's the Public Hearing that we are going to rule on. TOWN ATTORNEY YAKABOSKI: Correct and it is still open. COUNCILMAN WICKHAM: Any possible changes in a verbal presentation to us is irrelevant. What we are going to act on, I presume, is the written material that went out, that was published, that was in front of us. TOWN ATTORNEY YAKABOSKI: Absolutely and any substantial changes would have to, would change the whole thing. COUNCILMAN WICKHAM: Now, is out there waiting for the Environmental review, is it not? TOWN ATTORNEY YAKABOSKI: Correct, to be completed. Then this Board is going to have to make a determination before it does anything else. This Board is going to have to make a determination on, make certain determinations with respect for Environmental Review. COUNCILMAN WICKHAM: And then we make a decision on the proposed change of zone. TOWN ATTORNEY YAKABOSKI: Correct. COUNCILMAN WICKHAM: Okay, can you give us a time flame when those things are likely to fall into place? TOWN ATTORNEY YAKABOSKI: No. Because if the applicant does not provide the information, then the best thing ! think we can do is ! can speak to Valerie to see if the information has been provided and if the information is provided, then the Board can make a determination under SEQRA... COUNCILMAN WICKHAM: But until the applicant provides all this information, the Town Board is certainly not going to approve the project. TOWN ATTORNEY YAKABOSKI: Correct and one aspect the Board might want to take if the applicant is not moving forward diligently, the Board might want to say, we have a time frame, you have to complete it and if you are not going to complete it in a diligent, fair, rational, reasonable time frame, then end it. SUPERVISOR HORTON: What is that time flame? COUNCILMAN WICKHAM: That is up to us. TOWN ATTORNEY YAKABOSKI: That is up to you. COUNCILMAN MOORE: Actually didn't we discuss this at the Board Meeting two weeks ago. SUPERVISOR HORTON: I would like to see this moved along. TOWN ATTORNEY YAKABOSKI: I know that it is important to the Supervisor. SUPERVISOR HORTON: Yes, and I've made this request to you office this past week. ! would like to see this move along so we can deal with the situation at hand and bring resolution one way or another in regard to this project. COUNCILMAN WICKHAM: So we will put it on the agenda for the next Town Board meeting. TOWN ATTORNEY YAKABOSKI: And get a complete full update of what is happening. SUPERVISOR HORTON: Would anyone else like to address the Town Board? ! heard several things this evening, in regard to citizens standing up and discussing taxes or discussing health benefits or the way that the Town spends money or benches for our senior citizens or we are discussing affordable housing. Some of the discussions that went on today at the Town Board work session was that asked the Town Board to join me in a campaign to work towards a reduction in our spending and reduction in 4/25/02 28 the size of Government, if we can accomplish that. ! asked back in February, ! sent a memo to Department Heads requesting recommendations on how each Department Head would reduce spending by 13% in this years budget. It is my goal and my sincere intention to deliver a tax cut to the residents of this Town. As ! read the papers in regard to affordable housing, this is an apartment article that showed up in The New York Times, ! look at the housing crisis, ! look at wages throughout Town that are substandard, ! look at the size of Government, ! look at what we have here in Town Hall in regard to space. We voted tonight to rescind a Bond resolution of $600,000. because ! didn't feel it was in the Town's best interest to spend the $600,000. to purchase the Suffolk County Water Authority building on Boisseau Avenue because the direction ! want to go with this Administration is to fit our people within Town Hall instead of having to build new Town Halls. And whatever we can do as a Town Board to work towards that, ! am requesting. ! asked the Town Board today to join me again in directing Department Heads to make recommendations of how they would reduce spending within this years budget by 10%. The Town Board, reasonably so, requested to have the proposals that were sent back to me in regard to the 13% from my previous request, directing Department Heads to do so but it will be probable that the Town will realize a modest savings of somewhere in the neighborhood of $200,000. But that was on the first request, does a reduction in spending from this years budget will it translate into next years budget, absolutely. Because this isn't a one shot deal. This is a movement, this is a direction that ! believe that this Town has to take as a responsibility to the Tax payers of this Town. Housing isn't getting any easier, apartments-the rents aren't decreasing by any means. John Romanelli is going to bring a report to the Town Board in two weeks in regard to recommendations as to how the Town should address the housing crisis and the facilitation of accessory apartments throughout Town. He will be bringing Code recommendations for specific areas within Town. It is a start but it's not enough. We are going to keep moving ahead because the overall underlying situation that exists in Town is that working people and senior citizens on fixed incomes are just about ready to purchase a one-way ticket out of town. When we talk about preservation, we have to think long and hard about the preservation of our working people. Particularly when we talk about the rural character of this town because that is one major element of the rural character of this Town. So my push to reduce spending, my push to reduce taxes is in an effort of preservation. That is the preservation of working people. It is very difficult to make a living in this town, for a working person. It is very difficult for a senior on a fixed income to make it day to day with all the other expenses that one has to incur. So in two weeks from now, after the Town Board reviews the proposals, ! have a strong sense that we will work together to deliver a tax cut and perhaps even, whether we save the money in this years budget or next years budget, we are looking to save money. We are looking to spend our money in a very prudent fashion. So that is some of the discussions that went on today at the Work Session. ! thank-you all for attending the Town Board meeting. Your input is valuable, ! always appreciate it, it's not always easy to swallow but it's always welcome. JOAN EGAN: Before you leave, it's Josh's birthday this week. Let's sing Happy Birthday. AUDIENCE: Participates in singing of"Happy Birthday". SUPERVISOR HORTON: Thank-you. Thank-you for joining me in my last meeting of my twenties, ! appreciate that very much. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board meeting be and hereby is adjourned at 6:45 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. Absent: Councilman Richter. This resolution was duly adopted. Elizabeth A. Neville Southold Town Clerk