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HomeMy WebLinkAboutTB-05/07/2002GENERAL MEETING May 7, 2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on May 7, 2002, at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR HORTON: Good Evening, the Southold Town Board has a policy that if the public wishes to address the Board on any matter that is on the printed agenda in regard to resolutions, you may do so prior to the reading of the resolutions. After the reading of the resolutions we offer the floor to the public to make comments to the Town Board in regard to Town business. I ask that when you step to the mikes you state your name, place of residence and that you limit your comments to five minutes to afford everybody in the room the opportunity to address the Board. We have reports on file in the Town Clerk' s office if anybody would care to read them, you may do so anytime over the course of the day. The Public Notices are on record in the Town Clerk's office, as well. Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in the amount of $327,206.76 and $400.00; General Fund Part Town bills in the amount of $16,355.81; Highway Fund Whole Town bills in the amount of $93,875.35; Highway Fund Part Town bills in amount of $33,709.95; Capital Projects Accounts bills in the amount of $963,642.56; Landfill Cap & Closure bills in the amount of $23,218.80; Landfill Equipment/Scale House bills in the amount of $26,000.00; New London Terminal Project bills in the amount of $1,842.47; Compost Land Acquisition bills in the amount of $5,700.55; Employee Health Benefit Plan bills in the amount of $7,274.88; East-West Fire Protection District bills in the amount of $145,904.00; Fishers Island Ferry District bills in the amount of $29,467.90; Refuse & Garbage District bills in the amount of $98,299.51; Southold Wastewater District bills in the amount of $1,741.88; Fishers Island Ferry District Agency & Trust bills in the amount of $295.60. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 1:00 P.M., Tuesday, May 21, 2002 at the Southold High School Auditorium, Oaklawn Avenue, Southold, New York. SUPERVISOR HORTON: As a point of reference, we wanted to hold a meeting and I planned to do it, I think the Town Board is in agreement with me, through all the various high schools over the course of the school year, so this is sort of our pilot program. It will be a civics and government lesson probably for us and for those who attend Southold High School but it will be open to the public. It will at Southold High School Auditorium, this gives us an interesting way to bring government right home to the Community and our students. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 5/7/02 2 I. REPORTS 1. Scavenger Waste Treatment Facility - April 2002 2. Southold Town Clerk Monthly Report - April 2002 3. Island Group Administration Claim Lag Report - through March 2002 II. PUBLIC NOTICES Department of the Army, NY District, Corps of Engineers Notice of request of John T. Farris, Jr. for authorization to construct a pier for mooring in Orient Harbor, Orient, Town of Southold. Comments by May 13, 2002. New York State Department of Environmental Conservation Notice of Complete Application of New York State Office of Parks, Recreation & Historic Preservation to dredge existing mosquito ditches within the tidal wetland at Orient Beach State Park, Orient, Town of Southold. Written comments by May 24, 2002. III.COMMUNICATIONS 1. Letter to Town Board from Nancy Hunt, Fishers Island Civic Association, re thanks for efforts on Fishers Island Harbor Park. SUPERVISOR HORTON: At this point, I open the floor to discussion from the public regarding the printed agenda in regard to any of the following resolutions. Would anybody care to address the Town Board? JOSEPH LIZEWSKI: On resolution #311 to appoint someone to the Planning Board. Is this in keeping with basically what we've done with the Zoning Board and the rest of them trying to change personnel in these Boards? I think the last time we appointed Ruth Oliva to the Zoning Board of Assessors and William Edwards is another attempt to change the balance on these Boards, is that correct? SUPERVISOR HORTON: That's correct. With the Zoning Board of Assessors we appointed Ruth Oliva and Vincent Orlando. JOSEPH LIZEWSKI: Well, it's good to see that we are trying to make an effort to stimulate new growth. Thank-you. #289 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Island Group Administratiom Inc. to pay the medical bill of Carlisle Cochram spouse of Southold Town retiree, Jean Cochran, to Dr. David Podell, Jr. in the amount of $210.00, which bill was submitted more than 30 days after services were provided. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #290 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Bay Constable Donald Dzenkowski to attend a one (1) day Marine Law Enforcement Round Table discussion on Wednesda¥~ June 5~ 2002, at the East Hampton Town Marine Facility, Gann Road, East Hampton, commencing at 0900 hours. Travel will be by Town vehicle. A fee of $10 will be required to offset costs and will be paid through petty cash funds Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 5/7/02 3 #291 Moved by Councilman Romanelli, seconded by Justice Evans, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 7th day of May, 2002, a Local Law entitled "A Local Law in Relation to No Parking on Pike Street, Mattituck, New York", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold High School Auditorium, Oaklawn Avenue, New York on the 21st day of May, 2002 at 1:30 p.m., at which time all interested persons will be given an opportunity to be heard. This proposed "Local Law in Relation to No Parking on Pike Street, Mattituck, New York", which reads as follows: Local Law No. I. Chapter 92, Section 92-42 (Vehicles & Traffic) of the Code of the Town of Southold is hereby amended as follows: Name of Street Side During Months Locations And Hours Pike Street South September to And including June between The hours of 8 a.m. and 4p.m. From the intersection of Maple Lane in an easterly direction to the 90 degree turn south Pike Street West September to And including June between The hours of 8 a.m. and 4p.m. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. From the 90 degree turn in a southerly direction to the intersection of Route 25 Councilman Romanelli, #292 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: A. 1330.1.300.200 Overtime Earnings FROM: A. 1330.1.300.100 Regular Earnings Temp/Seasonal Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. $50.00 $50.00 Councilman Richter, Councilman Romanelli, #293 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints K¥1e Marke¥ and David J. Nolan to the position of part-time deckhands for the Fishers Island Ferry District at a rate of $8.00 per hour, effective May 1, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #294 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 sign an application for a conditional letter of map revision (CLOMR) for FEMA in relation to the Fishers Island Ferry District New London Terminal Expansion subject to the approval of the Town Attorney. 5/7/O2 4 Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Councilman Richter, Councilman Romanelli, #295 Moved by Councilman Richter, seconded by Councilman Romanelli, it was WHEREAS The New York State Energy Research and Development Authority (NYSERDA) has formed an alliance with the Long Island Power Authority (LIPA) and the federally funded Energy Star Program to give New York State residents an opportunity to reduce their energy consumption through the "Keep Cool Program;" and WHEREAS LIPA has agreed to fund the Keep Cool Program on Long Island for the duration of the program of May 1, 2001 through September 20, 2001; and WHEREAS LIPA and NYSERDA are seeking the involvement of municipalities in the Keep Cool Program to maintain a drop-off areas and promote the economic and environmental benefits of saving energy; and WHEREAS the Keep Cool Program will provide incentives and cost reimbursement to the Town for assisting with collection, testing, and disposal of discarded air conditioners, NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Southold hereby finds it in the public interest for the Town to participate in the Keep Cool Program by renewing its contract with NYSERDA and the Town Board further hereby authorizes and directs Solid Waste Coordinator Bunchuck~ on behalf of Supervisor Joshua Y. Hortom to implement said renewal through his signature~ subiect to the review and approval of the Town Attorney. COUNCILMAN RICHTER: The Keep Cool Program last year is a program where inefficient air conditioners can be turned in to the Town Landfill. In doing so, you will get a rebate, a certificate for a rebate on the purchase of a new air conditioner through LIPA. The Town also has made some money on doing this for being the collection center, one of the collection centers, has made a considerable amount of money, last year it was $3,700. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #296 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for Code Enforcement Officer Edward Forrester to attend course #74-0021 "I" Code Refresher with New York State Modifications from May 14th through May 16th, 2002 at the Medford Fire District, 171 Oregon Avenue, Medford, NY at no expense to the Town Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. 6. 7. 8. Vote of the Town Board: Aye: #297 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for bids for the following road surface treatments for the year 2002 for the Superintendent of Highways: 1. Oil and Sand 2. Oil and Stone 3. Liquid Asphalt 4. Sand Mix (type 5 Shim) Type 6 Top Emulsions and Stone RC-250 Liquid Asphalt Oil & Recycled Stone Type II Micro-Surfacing Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #298 Moved by Councilman Wickham, 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 Diversified Technology Consultants for 5/7/02 5 engineering services related to the Fishers Island Sewer District for 2002 subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted #299 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the summer 2002 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2002 instructor line A7020.4.500.420. Eugenia Cherouski (folk dancing) ........................................... Custer Institute (stargazing) .................................................... Shirley Darling (tennis) ............................................................ Lucy Damron (Spanish) ........................................................... Martha Eagle (Aerobics) .......................................................... Lauren Egan (Adult CPR) ........................................................ (Pediatric CPR) ................................................ East End Insurance Services (Defensive Driving) ................... East End Kids (Robotics) ......................................................... Carol Giordano (Baton) ...................................................... David Haurus (golf) .................................................................. Hidden Lake Farms (Horseback Riding) .............................. Krupski's Farm (farmer for a week) ......................................... Rosemary Martilotta (yoga) ..................................................... Theresa Pressler (youth program) .............................. Virginia Ross (horseback) ....................................................... Steve Smith (weight training) .............................................. Chris Vedder (golf) .................................................................. Garance Werthmuller (Art Class) ............................................ Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. $20/hour $30/person $25/class $20/hour $30/hour $45/person $40/person $30/person $45/person $20/class $38/person $200/person $155/person $55/class $20/hour $250/person $25/hour $38/person $50/class Councilman Richter, Councilman Romanelli, #3OO Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Kiwanis Club to use town owned property {located at the corner of Horton's Lane and Route 25~ Southold~ to hold a plant sale on Saturday May 11~ 2002, provided they file with the Town Clerk a one million dollar Certificate of Liability with the Town Clerk. Lt. Flatley to be contacted prior to the event so that traffic cones can be made available to prevent parking east of Horton's Lane on the north side of Route 25 in the "No Parking Zone" for the safety of exiting vehicles. SUPERVISOR HORTON: This would be a nice asset for those of you who shop late or at the last minute. I've worked through Ed Dart with the Kiwanis Club; this is a fundraiser for the Kiwanis Club. I believe the money then goes on to the Scholarship Fund. So come to the corner of Horton's and 25 to buy your Mother's Day plants from the Kiwanis Club. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #301 Moved by Councilman Romanelli, 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: A.9901.9.000.100 Transfers to Other Funds Transfers to Capital Fund $50,000.00 5/7/02 6 From: A.9710.6.000.000 Serial Bonds Principal Payments Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. $50,000.00 Councilman Richter, Councilman Romanelli, #3O2 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following personnel to attend the second annual Tri-State Child Passenger Safety Conference commencing on Sunday, June 23 through Tuesday, June 25, 2002, at the Omni Hotel at Yale, New Haven, Connecticut: P.O. William Brewer P.O. Jennifer Combs-Quarty P.O. Henry Santacroce Conference registration fee will be $300.00 total ($100 per person), which will include conference materials and meals. Room accommodations will be for two rooms (one single and one double room) at $99.00 per night/per room for $396.00. Transportation will be by Department vehicle. Additional expenses will be for tolls, gas and meals not included in registration fee. All costs to be a legal charge to the Police Department training budget line - A.3120.4.600.200. If we qualify, the Town could be reimbursed for room accommodations from the Governor's Traffic Safety Committee. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O3 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for summer positions of beach manager, lifeguards, and water safety instructors for the 2002 season. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O4 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Raymond Cleaves Post No. 861, American Legion, Mattituck, New York to use the following town roads for their Memorial Day Parade on Monday, May 27, 2002 to begin at approximately 10:00 a.m, provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Pike Street, Westphalia Avenue, Sound Avenue, Pacific Street, and Wickham Avenue, Mattituck, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O5 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a second amendment to the agreement between the Town of Southold and the County for the Community Services for the Elderly - Residential Repair Program, Law No. AG006M/0029-03NB to amend the term of the agreement from April 1, 2000 through March 31, 2003, at a total cost of agreement in the amount of $59,000. to be paid as follows: (a) $20,000. for program year 2000/2001; (b) $19,000. for program year 2001/2002; (c) $20,000. for program year 2002/2003 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. 5/7/02 7 This resolution was duly adopted. #3O6 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies resolution #206 adopted at the regular Town Board meeting on March 26~ 2002 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Principal Building Inspector Michael Ver , ,_, ....... ~ .... ~, ................... , ............ ~, ............ to attend the Transitional Training Program from April 16-18, 2002 at SUNY Farmingdale, and BE IT FURTHER RESOLVED that Building Inspectors Gary Fish and John Boufis are granted permission to attend the same Training Program on May 14-16, 2002 at the Medford Fire Department. This program is the second portion of the Transitional Training Program and will complete the re-certification process for the new code. Registration fee and travel expenses to be a legal charge to the Building Department 2002 budget. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O7 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for Building Inspector Bruno Semon and Fire Inspector Bob Fisher to attend the Transitional Training Program~ scheduled for May 21-23 2002~ at SUNY Farmingdale. All classes will run from 8 am - 5 pm. This course is the second portion of the Transitional Training Program and will complete the re- certification process for the new code. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O8 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby waives the 30-day notification period regarding the New York State Liquor License of the Antares Cafe (2530 Manhasset Avenue, Greenport) for au additional business/second site: d/b/a the Kitchen at Greenport~ LLC~ (74825 Route 25~ Greenport). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #3O9 Moved by Councilman Moore, seconded by Councilman Richter, it was WHEREAS, on the 8th day of November 2001, the Town Board held a public hearing and elected to purchase the property identified as SCTM# 1000-23-1-3.4 & 20 and SCTM# 1000-31-5-1.2, comprising approximately 15.55 acres of property at the price of $950,000, pursuant to the provisions of Chapter 6 of the Code of the Town of Southold; and WHEREAS, the approximately 15.55 acre property includes three (3) separate tax parcels: S CTM# 1000-31-5-1.2 is approximately 14.995 acres in area and is located on the north side of Main Road, approximately 1900'east of the intersection of Starts Road and Main Road, and SCTM# 1000-23-1-3.4 and 23-1-20, are beach parcels, each approximately 0.26 acres in area, located between Dam Pond and Long Island Sound; and WHEREAS, the purchase was to be in partnership with Suffolk County as tenants in common and the purchase price and all costs associated with the acquisition were to be shared 50%/50% between the Town of Southold and the County of Suffolk; and WHEREAS, due to certain time constraints, the Town may wish to purchase the property in total, without the 50% partnership participation with Suffolk County, or in partnership with Suffolk County but at a partnership percentage other than 50/50, or may wish to purchase the 14.995 acre property (SCTM# 1000-31-5-1.2) in partnership with the County and the beach parcels (SCTM# 1000-23-1-3.4 and 20) without partnership participation from the County; be it therefore RESOLVED that pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, the Town Board of the Town of Southold hereby sets a public hearing 5/7/02 8 at the Southold High School Auditorium, Oaklawn Avenue, New York on the 21st day of May, 2002 at 1:33 p.m as the time and place for a public hearing on the question of the fee title acquisition by the Town of Southold of the property of Peconic Land Trust at Dam Pond. Said property is comprised of 3 tax parcels totaling approximately 15.55 acres, (subject to survey), located on the north side of Main Road, and the north side of Dam Pond, East Marion, New York, identified as SCTM# 1000-23-1-3.4 & 20 and SCTM# 1000-31-5-1.2. The purchase price is $950,000 (nine hundred and fifty thousand dollars.) Said property is to be purchased either outright by the Town of Southold, or acquired totally or partly under joint partnership with Suffolk County. A more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #310 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets a public hearing at the Southold High School Auditorium, Oaklawn Avenue, New York on the 21st day of May, 2002 at 1:35 p.m as the time and place for a public hearing for the purchase of development rights of agricultural lands on the six (6) lots owned now or formally by Nicholas Aliano and Margaret Aliano. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peconic. The total development rights easement on the six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollars). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. #311 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints William Edwards as a member of the Southold Town Planning Board for a five (5) year term of office to expire on December 31, 2006. SUPERVISOR HORTON: I would just like to say that I am proud to make this nomination and I think that this is a prime opportunity for the Town Board to inject new talent into the various Boards and Committees in the Town. I think it is in keeping with what the people of this Town are looking for. Any more discussion on that? COUNCILMAN RICHTER: I would like to speak on that resolution. William Edwards whom I have known and recently talked to. I think he is a fine gentleman and would be an asset to the Board. But he is a factor in the light that Ritchie Latham still seeks that position and knowing Ritchie Latham for a number of years, I think he brings a lot of knowledge; I think he brings dedication and a perspective to that Board that is truly important. SUPERVISOR HORTON: Any more discussion? COUNCILMAN WICKHAM: While we are all speaking about it, I've known Bill for some time now. It's a pleasure knowing him, I've enjoyed knowing him, he's well educated, a businessperson, I think he is the right kind of person for the Planning Board. I am looking forward to working with him. Vote of the Town Board: Aye: Councilman Wickham, Councilman Romanelli, Supervisor Horton. No: Councilman Richter, Councilman Moore, Justice Evans. This resolution was lost. 5/7/02 9 SUPERVISOR HORTON: That concludes our resolutions for this meeting. At this point, I open the floor to the public to address the Town Board on Town related business. JOAN EGAN: I wasn't here for the beginning, I haven't been well. But I wasn't going to miss this meeting. The only thing that you have done and it's a done deed, ! would presume, that are some of these policemen who are going away. ! read your article in the paper about the Police Force and we are in deep, deep trouble. We don't have enough policemen and crime is way up, way, way up. Detective Burke is gone, he has not been replaced. You have all these policemen going here and there, they can do that at home with a book or wait until the fall. We can't afford to have even one policeman out of town. But you will have to review that for yourselves. Now, of all of you, our Attorney General, Mr. Romanelli and is anybodies head falling off tonight? Mr. Richter, is your head falling off?. And Mr. Romanelli. Now, several weeks ago ! addressed certain questions to each one of you, is that correct? Am ! wrong, no. The notes will prove ! am right. And anybody who argues with a woman is very, very foolish because we will lie, die and lie till death do us part. Mr. Yakaboski, ! asked you several questions. Have you gotten the information to me. Is the answer to that, yes or no, in regard to parking, where the money goes to the DOT to the Town. Have you found out about that? TOWN ATTORNEY YAKABOSKI: First, ! wanted to say ! am glad to see you are feeling better. was sorry to hear you were ill. JOAN EGAN: Good. You can send me some roses. I'd rather get them when ! am above the ground than under the ground. Don't try to keep up with me, dear. Now answer the question, did you do it? TOWN ATTORNEY YAKABOSKI: ! do have the information. ! thought you were going to set up another meeting. JOAN EGAN: Pardon? TOWN ATTORNEY YAKABOSKI: ! thought you were going to call up to set another meeting. JOAN EGAN: No, no. Answer the question. Did you find out for me about... TOWN ATTORNEY YAKABOSKI: The money from the parking goes directly to the Town General Fund. JOAN EGAN: You are sure about that? You have proof of that for me? TOWN ATTORNEY YAKABOSKI: ! spoke to John Cushman. When John Cushman tells me something like that, ! believe him. JOAN EGAN: You saw it in black and white, yes or no? Did you see it in black and white, the answer, no. SUPERIVSOR HORTON: Joan, this is an opportunity for you to address the Town Board. If you have questions for the Town Attorney you can make an appointment, call his office. JOAN EGAN: ! have done that. ! have asked him to call me for two years and he hasn't done it. Alright, now Mr. Romanelli, ! am addressing the Town Board through.., and don't, no touchy,touchy. That's against the law. You could be arrested now for physical harassment for touching the Town Supervisor. Have you addressed any of the things that ! asked you to in regard to safety things, where we are doing excavations and where we are doing many things to rape our town. Have you done any of those things for me, Mr. Romanelli? COUNCILMAN ROMANELLI: In regard to the noise from leaf blowers, no. JOAN EGAN: The noise control and also putting safety nets around excavations and big sand piles that kids love to go on and they can die in those sand piles. Have you done anything about that? COUNCILMAN ROMANELLI: Nothing at all. 5/7/02 10 JOAN EGAN: That sounds like you. Mr. Richter, how are you, you weren't here for the last meeting but neither was your report. Do you have that police report available for us now, and the answer to that is yes or no? COUNCILMAN RICHTER: No. JOAN EGAN: That figures. Mr. Moore, many letters, many calls, registered letters for you to get me a separate Town Meeting Zoning Board to address.., the heads falling off, huh. COUNCILMAN MOORE: I'm hanging on. JOAN EGAN: By a limited prayer. Have you done anything in that regard for me and the answer is yes or no. And don't tell me that you sent me a letter to get a lawyer because you are a lawyer and you are on the Town Board, have you done anything for me? COUNCILMAN MOORE: Here is the answer, Joan. Because I gave you the answer in the letter back in January. But I will give it to you again. Here is the nickels worth of advice that you are going to get from me as a lawyer. The Town Board and I have no ability whatsoever to obtain for you a separate zoning hearing, just because you have asked us to get it for you. I advised you to have someone look at the Zoning Boards file for you to determine what, if anything could be done with regard to the questions you had. That advice remains exactly the same today as it was back in January when I wrote to you. JOAN EGAN: Both the letter and now, you know what you have said-nothing, nothing. Because the problem is and I will repeat it again and again until it through your head and everyone elses. What I said was the Keller's bought the house next to me. Okay, we are all agreed on that. Since it was next to me I received a registered letter, return receipt requested. If I had any problems with what they were going to do outside. What they did inside was their business, I didn't happen to agree with them but it didn't, I saw no problems for me or the community. Alright? Subsequently, subsequently Mr. Moore, Zoning changed. Because there was a small little water thing there and they couldn't get the steps where they wanted it nor the door from their house. So it was all changed and because of that now, Mr. Keller has his grill by my bedroom door. We have had the Police out there I don't know how many times for violations for fire and for theft. Now, you're telling me that you can't see any danger but my house is not more than 6 feet away. If you were a good lawyer, a really good smooth lawyer and you are a smoothie, aren't you Mr. Moore. You now what I would do? I would get me a separate zoning board but I would get on the phone and use your charm and maybe ask Mr. Keller to move the grill around because I got physically sick from the smell from his grill. Now, you wouldn't want me to die, would you Mr. Moore or get sick again and blame it on the Zoning Board. That's all for now. I think you all earn what you got. SUPERVISOR HORTON: Would anybody else like to address the Board? PAULA DANIELS: Hi, my name is Paula Daniels and I live in Peconic and I think my timing is a little off, so forgive me for that. But I wanted to speak on the resolution of the appointment of Mr. Edwards to the Board and I know I am a little late but just let me have my quick moment if I could. My husband and I, of course voted for Josh and we are glad to see you there but we weren't the only people we were the majority in this Town. We did because we wanted what he had and what he wanted to make this Town and unfortunately it seems that a lot of the changes he wants to make aren't going through and we want to see it happen. We and many others and I came here tonight specifically to speak on that, we support you Josh and your ideas and what you want for this community. It's in line with our vision for the community. So again, I am sorry I didn't speak at the appropriate time because I don't have that much experience in this. Please, if you consider it again, please look again at this appointment. Thank-you. FRANK CARLIN: Good Evening, Ladies and Gentlemen of the Board. Frank Carlin, Laurel. I've been kind of quiet the last four months at Board meetings, so I guess it's about time I got down to business and start to tell it the way it is. But before I start, Mr. Richter, being that you are on the lighting committee there is a street light right there by the Laurel Bridge that Ray Jacobs been trying to get LIPA to fix the power to it and Pete Harris is trying to get LIPA to fix the power to it and I call and they tell me that they don't take calls from residents, you have to be with the Town so would you look into that. 5/7/02 11 COUNCILMAN RICHTER: Mr. Carlin, it would be my pleasure. Is this by the bridge right by the railroad bridge? FRANK CARLIN: Light pole 305. Now, I mentioned this to the Board back in 1998 and I am going to mention it once again. When you, in January, Josh, requested resignations, the group that you should have recommended to resign were the Architect Review Committee. Now, I know back in 1998 most of the Board had your doubts about that Committee -by the way that was Tom Wickham's Committee that he appointed when he was Supervisor of the United $outhold Party- in December 1998, Brian Murphy and John Romanelli was asked to meet with the Commission and find out what the Architect Review Committee is all about. Did you ever meet with them? If you didn't that's all right. COUNCILMAN ROMANELLI: 1998, to tell you the truth, I can't remember. FRANK CARLIN: Well, let me tell you what their two requirements are. To help expedite building permits application process, number one. To advise the Planning Board, number two. In fact, our past Supervisor, in the Traveler-Watchman in November, 1998 said this, "The Commission has lost its direction and instead of aiding the Planning Board has created discord between the two departments." You, Louisa Evans, Councilwoman Evans, said in the Suffolk Times in November 1998, "The Architectural Review Board and the Planning Board aren't agreeing. The Architectural Review Board is doubling the process." Now, I believe that is true and I'll give you an example. About two years ago, the winery on Main Road in Peconic put in for a set-back plan from the road. It took between the Architectural Review Board and the Planning Board almost a year and a half to decide the set-back. It started with 400 feet and ended up with 200 feet. People wait too long for permits in this Town, I'll tell you that right now. We got along fine years ago without no Architect Review Board and we can get along without it now. Let the Planning Board do their job. Like they all say there are too many hands in the stew can spoil it. I know a couple who moved from $outhold last year upstate, Coblesville, built a new house-10 rooms, full cellar, two car garage, a 15 x 25 foot building, six acres of land. In three days they got a permit. I think that people in, I just spoke to a party the other day, that said the Town Hall is giving me a hard time. Don't need them. I'll be honest with you, don't need them. In fact, I can prove what I am saying tonight and here are the papers, 1998. I can go through a lot more what the Planning Board said about the Architectural Review Board right here. I prove what I commit to what I say I can prove. Perhaps maybe that would help expedite a little faster our permits in this Town. I'll tell you one more thing. I am speaking tonight on the Architect Review Board, my next meeting if I come will be on the Building Department. But I'll tell you one thing that bothers me and then I'll finish. I'll tell you one thing that bothers me, when I go down Pacific Street in Mattituck and come out at Sound Avenue to make a right, I look at that communication tower there that's been standing there for a year and a half, three quarters built, why issue somebody a permit and then when the neighbors come to the Town Board and complained about it, the Building Department goes down there and gives them a stop order. Didn't you have a Public Hearing on that? Didn't you investigate it before if it was feasible to give that man permission to build that tower? The man built the tower 3¼ of the way up, spent $80,000 on it, that's ludicrous to me. And one more thing, I'm going to get into it when I come to the next Board, the case of 2001. It would win an Oscar but I'm not going to tell you tonight. But I'll tell you, one more thing, my neighbor the golf course, David Saland, when he bought the golf course, he bought the house alongside of me. He replaced siding, replaced the roof, he replaced the windows, only replacements. That man waited 12 weeks to get a CO or a Building Permit just to move in. Just replacing things. It just don't make sense to me. We've got a lot to go in this Department here, a lot to go in this Department and the Architect Review Board as far as I am concerned should be "Auf Weidersahn". DONALD WAGNER: Mr. Supervisor, members of the Board, my name is Donald Wagner, North Road in Southold. You may recall that ! was here in February. ! read with interest last week's paper here where the Town is studying ways to rein in costs of the Police. That is commendable from the point of view that any time you are trying to help reduce expenses for the townspeople you are headed in the right direction. However, ! wish you luck because in that article it indicates that the average policeman makes $90,000/year. A week before, you may have read it in Newsday, the Suffolk County Police average salary is $105,000. They only just finished leapfrogging over Nassau County Police about a year ago. Some of you here seem to know about what ! am trying to say. Right now, in Nassau in spite of their disastrous physical state at the moment, the Nassau Police want nothing more than to get ahead of the Suffolk County Police. This is all possible because any union, any of you who have been in business know, that a union will fight for every ounce of results that they can get and ! can't fault them for that point of view. However, there is one control which we need your help to at least control this, right now it' s out of control. There is nothing to stop an arbitrator in Nassau County, 5/7/02 12 which is up for a new contract to give them another $25,000, each police officer. There is nothing to stop the arbitrator from doing that. That is wrong. Now, last May or just about a year ago, the State Legislature, New York State Legislature had in their power, they had to renew the arbitration clause of the State Labor Law. There were some people who said why not allow the arbitrator to make a decision in whichever side he favors but let's limit the increase to the cost of living, which would make sense. Because right now, all these unions, they will go into negotiate and with you folks too, and if they don't like it in the least little way, they are going to say, "I don't want it" and they are going to go to arbitration and you can't stop it. So they go there and the arbitrator gives the shop away completely. So the part I am really getting to here is that our New York State Legislatures, last May, when they voted on this to renew it not one New York State Senator said no. There was only one Assemblyman who said no and that was a fellow who used to be a Suffolk County Legislator by the name of Steven Levy, perhaps you know this. The only way we can control the expenditures which is in effect helping the citizens of this great Town is to speak and write letters to our State Legislatures and ask them point blank why did they vote this way a year ago? And what are you doing now to control it now so that the citizens of not only Southold but the whole of Long Island here won't go bankrupt. I keep hearing now and then affordable housing, forget it. As long as this kind of rule is in effect. So I ask you, Mr. Supervisor, will you introduce a letter to our State Legislators asking them why, number one, they voted this way a year ago and what they are doing now to correct this. SUPERVISOR HORTON: I'll write a letter and I'll place a call and several follow-up calls. DONALD WAGNER: I would appreciate that if you would. Thank-you. SUPERVISOR HORTON: Without a doubt and actually I would recommend that you do the same if you haven't already .... DONALD WAGNER: Oh, I have already. Thank-you. MELANIE NORDEN: Melanie Norden, Greenport. At the last Town Meeting, Jim DiNizio and I raised several concerns regarding the affordable housing district change of zone application. Precisely, regarding the omissions, the procedural problems with the lack of appropriate notification to abutting property owners, the omissions, the changes, the errors and so on in the application itself. At that time, the Board indicated that at this meeting, the application would be on the agenda to simply address those errors and to decide in fact, whether the application, the public hearing would be closed and the applicant would be in the future to reapply or not. We all take this very seriously in my neighborhood and also because many people who apply to the Town for Building Permits or other kinds of licenses end up ultimately having those permits returned to them forthwith if any errors are contained in those permits. In this particular case, the errors were rampant and the written application was vastly different than the oral presentation made the night of the Public Hearing. We would like to ask you again to close the Public Hearing on the procedural matters alone and then ask the applicant to reapply. The errors in the application include the name of the property owners, the numbers of lots, the maps in the application, the location of the lots just about everything in the written and spoken presentation differ. So I wonder if we could have an answer maybe why it wasn't on the agenda tonight and when it will be on the agenda to discuss from a procedural perspective. SUPERVISOR HORTON: In regard to that, the specific question I'm going to let Greg, if that is okay with the Town Board, speak a little bit to that item and I think you will find that we take his counsel and move from that direction. So, I would like to let the Town Attorney offer some information to you. TOWN ATTORNEY YAKABOSKI: Melanie, you have raised these issues before, my office has these issues before, a couple of times. We believe that the application had been properly done. The first time when it was not done correctly, we were the ones who actually sent it back without any input. It is now with Valerie Scopaz, the Town Planner, to look at. She is awaiting the SEQRA report, as you know. We have been in contact with Cathy Messiano who is the individual handling the application for the property owner. She told my office that they are working on completing the different aspects of the SEQRA report, and that is about it. I know that you continue to raise these issues and I recognize it, I appreciate that however I think that everything that was said at the Public Hearing are factors that the Board, this Board, takes into account when they vote. MELANIE NORDEN: No, I understand that and we are not just talking about the notification issue putting that aside, the application in writing differs vastly from the presentation. In other words, we 5/7/02 13 don't have a current application with the appropriate information on file. Not just the written information but everything about the application. The maps, the amount number of lots the location of the systems. Everything in writing is different than the actual oral presentation and what's planned. There are innumerable errors in the application and ! don't see why this is a matter of debate. The errors exist, the record is very clear. We could go through this page by page. But the point is that any other private citizen submitting any information before the Town for a permit for their deck, or an extension on their home, if they actually have incorrect information in that permit vis-h-vis the size of the lot or the size of the renovation or who is going to do it or what. They don't get the opportunity to say, oh ! made a mistake and let the application stand. In point of fact, they receive the application back again and they are asked to reapply. We are simply asking that the same standard be applied to this developer and he be held to the standard that all applicants before the Town either for a development or for building permits or any other permits be held to. It's a standard which should remain without error. The errors, forgetting again the notification to abutting property owners which was a disaster, the point is, ! don't know how the Town can even move or vote on a written application when the written application that's before you is vastly different than what the developer intends to do by his own admission and presentation at a Public Hearing. So when you vote on this application what in fact will you be voting on? You won't be voting on a written application because the written application is filled with error and does not reflect what the developer intends to do. Will you be voting only on the oral presentation? So ! think, in point of fact, ! think our points are very justified and it's really not a matter of debate or a matter of perspective, the point is the written application is not what the developer intends to do and the oral presentation is what stands presumably and both of those are in conflict. COUNCILMAN ROMANELLI: How could you say that the written presentation is not what the developer... MELANIE NORDEN: Because the written application calls for 10 lots. The developer actually or the written application calls for 13 lots. There is a 13 lot plot plan in the written application. The developer presented 10 lots. The written application calls for 10 affordable homes and 3 additional lots. The oral presentation called for 7 affordable homes and 3 additional lots. The plans, the survey, the entire thing is different. COUNCILMAN ROMANELLI: I understand what you are saying. I understand when you are saying that the oral and the written were different. From my position, ! voted on what was published in the Public Hearing, which would be the written application. Okay, so to stand there and say that his written application is not what he intends to do MELANIE NORDEN: Well, not according to the oral presentation. COUNCILMAN ROMANELLI: I have to go by the fact that the written application that we published as a Public Hearing notice is what we have to decide on and what we have to go on. MELANIE NORDEN: I understand that but the written application that the developer submitted, I am not talking about the developers intention, ! am talking about what was presented orally by his agent, Cathy Mesiano, is different than the written application for the change of zone that was submitted by the developer back in July. COUNCILMAN ROMANELLI: And that, the oral presentation, in my mind, has to be discounted, and I have to go by the written application, again which was published and that is what we need to go by. The oral presentation, I think we need to discount it. MELANIE NORDEN: Well, then ! think we need to discount the Public Hearing. Because a portion of the Public Hearing is the critical oral presentation made by the developer. So how can we come at the Public, to the Public Hearing listen to a presentation made by a developer, understand that the Town Board plans to discount that presentation because in fact that presentation doesn't really reflect what the developer intends to do. Again ! call in question the whole procedure of the Public Hearing. You can't, it just doesn't cut both ways. Either the written application is accurate and the oral presentation that was presented to the public so the public would have public access to information is incorrect. Or the oral presentation is correct and the written application is incorrect and ! mean, again the public does not have access to accurate information. COUNCILMAN ROMANELLI: The written application is the one that is on file. 5/7/02 14 MELANIE NORDEN: The written application is on file and that is vastly different than what was presented at the Public Hearing. TOWN ATTORNEY YAKABOSKI: Ms. Norden, if I could interrupt. Your ultimate goal is you would like the Board to deny this application. MELANIE NORDEN: Deny the application on these procedural matters with no problem for the applicant to reapply if the applicant wants to reapply at some future point so that all the information that is before the public and abutting property owners is correct. TOWN ATTORNEY YAKABOSKI: But ultimately you would like to see the application denied even if it was done all correctly. ! would like to address one thing first. MELANIE NORDEN: That is completely immaterial to this issue, the issue at point, we have to speak the point. The point of the issue is-are the written and oral applications different or not? TOWN ATTORNEY YAKABOSKI: Melanie, here is the answer, first of all, I respectfully disagree with your assertion that this application was treated any differently than any other application that has ever come through my office and any other office around Town. That is point number one. We can respectfully disagree. Point number two, your concerns, are concerns that many folks at other Public Hearings for other projects often raise. Those concerns are looked at, this application has been looked at by my office and this application to the best of my knowledge has been also looked at by the Town Planners office. At this point, it is my recommendation that the application continues to move forward. ! understand that you have a different opinion and ! respect that, ! can tell you that that is my position at the moment. The Board is obviously the ultimate decision maker. MELANIE NORDEN: Then if the application moves forward, what application are we talking about? That's moving forward? SUPERVISOR HORTON: Melanie, we will be addressing the written application and what is said at the microphone is part of public comment is more than welcome and the application is what we go by. It's just the same type of public information that may come from any other member of the public, that may seemingly pertain or not pertain to the application or there may be a resident that stands up and says something that leaves us wondering why was this even said in regard to that Public Hearing, we will be addressing the written application. But ! will offer you this and Greg, ! am going to open your door a little bit, ! think that perhaps, take a half hour or an hour sometime in the very near future to sit down with Greg and run through the application and have this discussion with him. But ! assure you that what the Town Board will be voting on will be the written application that is on record at the Town Clerks Office. TOWN ATTORNEY YAKABOSKI: You can call anytime, my secretary is Melanie, she runs my schedule, please. MELANIE NORDEN: Okay, Thank-you. ART TILLMAN: Art Tillman, Mattituck. I got here a little late but I know the result of the vote for the Planning Board. First of all, ! would like to express my extreme disappointment with those who voted against my friend, Bill and he is my friend so that is why ! am here. But ! can't think of anybody that ! know, or very few that ! have met in my life that would be more qualified for this or any other position in Town. This man was raised on a farm in Vermont, so he certainly knows farming. He went on to Harvard and graduated from Harvard. He became a Fulbright Scholar, he started a national chain of retail stores, The Museum Company. ! commend you, Josh, for selecting to nominate Bill and ! am extremely disappointed. It just seems to me that the handwriting is on the wall. If it is going to be politics as usual, it looks like no matter who Josh puts up, there's going to be three of you who are going to vote no. ! want to comment and thank also Mr. Romanelli, as ! wrote in the paper three weeks ago, he seemed very capable of rising above partisan politics and elevating himself to statesman on the local level anyway. ! don't know, would ! be out of order, you know it's very discouraging-yes, ! am a Democrat. But we are trying (interference) if we can't get a man of this caliber on a Planning Board or any other Board in this Town, it's very exasperating, not only that, Bill has only been a full-time resident for four years and in that four years he has totally immersed himself on the Planning Board and become a member of this community. By nominating a guy like that, you get other people, new 5/7/02 15 people in Town who sometimes feel like they are shunted, not welcomed. It lets them know that they are welcome too, and you've got a lot of people of talent moving out here but it just seems that for some reason, some of you can't rise above partisan politics. It is extremely frustrating and the consensus seems to be, by anybody that I've talked to, any objective person, and also ! read in the press, Josh was elected and Tom was elected to help bring about change. ! am very discouraged by the whole thing and ! am having my little catharsis but Thank-you those of you who supported him. COUNCILMAN ROMANELLI: Mr. Tillman, I just wanted to respond. I hate to bring it down to the fact it's strictly party politics. We have a lot of good people that came forward for all the Boards and ! weighed heavily on this decision, too. It wasn't an easy one for me to make. Because there are other people who are qualified, too. So ! hate to sit here and point fingers that it is strictly on a party move because ! don't believe that it was. ! believe that some of the votes were made because they strongly believe in the one candidate that is still on the Board, Ritchie Latham. ! think that's part of the reason some of the votes were made the way they were because they feel strongly on who is already there. ! just wanted to get my opinion out there. ART TILLMAN: Well, as ! said, you are a statesman. Thank-you. JAY APPLEGATE: Jay Applegate from Southold. ! would like to echo the comments of Mr. Tillman and given the fact that he outlined the qualifications of Mr. Edwards and it would be helpful, ! think, from the standpoint of accountability of those who voted against him could help us understand what their objections were to Mr. Edwards and given the fact that this is a very important function and a very important Board in Town, who is it that you who voted against Bill feel is more qualified. Justice Evans, would you like to comment on that? JUSTICE EVANS: ! will comment on that. ! talked to Mr. Edwards about that on the phone and he understood what ! said. ! felt that he was a very well qualified candidate as were several others that interviewed but ! feel that the person we have on the Board now is excellent, he brings a lot to that Board, he has a lot of history that he knows about in the Town and that is who ! felt should stay on the Board. COUNCILMAN RICHTER: First of all, ! don't think that we need to be inquisitioned up here. don't think that it is appropriate number one. But ! will give you my reasons for what ! did. ! believe the gentleman is well qualified, as John just mentioned a minute ago. So are a number of the candidates who are well qualified for that position. Mr. Latham, quite frankly, I've known for some time and ! believe that he does an excellent job, he brings a point of interest to that Board that is good for Southold and that is the reason. Party politics is not entered into this. ! get a little upset when hear that party politics stuff. JAY APPLEGATE: ! did not make that comment. COUNCILMAN RICHTER: ! know that but ! am just mentioning that in here. Even though I've got laughing out there, ! mean, who voted for Ruth Oliva, ! did. COUNCILMAN MOORE: ! think that Louisa and Craig said it very well. JAY APPLEGATE: ! was curious for the record to understand what your objections were and why you didn't vote in support. But ! guess ! would also say that it does not appear that Mr. Latham has the support of the Board for re-appointment, then we are left in the position of not being able to move forward and ! think that most people in Town find that a disappointment. JOSEPH LIZEWSKI: ! would like to say to my fellow Democrats, that this Board, Republican Board, did vote for Ruth Oliva and she is certainly probably one of the better well-known Democrats we've ever had in Town. She ran for Councilwoman twice, it's not just political. Philosophically, ! have a problem sometimes with the way it's going. But ! find it is just one of those things where ! think that the present Planning Board candidate certainly was not as political as Ruth Oliva was in the case of her appointment. But ! would like to speak about something else that's been going on and ! think that ! spoke at the beginning to this Board many months ago about the Blue Ribbon Committee which ! have to tell you I've watched them maneuver and watched them have it. When they first came in, ! thought there was probably something good that was going to come out of this that was probably fair but if you know about five years ago a guy by the name of Steve Jones who is now head of the Water Authority, presented to this Town a bunch of ways of planning and the NFVC picked up that plan, has carried that 5/7/02 16 banner for the last five years part of that plan was upzoning, the use of TDR' s, zone changes and going to the Zoning Board. As ! look at this Committee, as it's come down, ! see a greater influence of the NFVC and ! see the people who actually own the land. It's been very amusing to watch this because ! watched during the campaign, ! watched TomWickham go against five acre zoning and Howard Meineke represent the Republican stand for five acre zoning and ! thought that was really something to see. But ! have to give credit to the North Fork Environmental League because they have been able to put enough people on a Blue Ribbon Committee like this and get it approved by a majority of Republicans. To get their point across once again, they are for five acre zoning and they are for some of these heavy restrictions even though the farmers have come up with a very good volunteer plan, there is a second plan to it that has been proposed, a second tier to it. No matter what happens with this Blue Ribbon Commission, ! think that it is fair to say that the public really turned on five acre zoning in the last election and ! think that it was pretty loud and clear where they wanted to go with that. ! think you'll find that 75% of the public did not want five acre zoning in this Town. However, this has been proposed again and again it's been done properly, it's been done through this Committee, but it's going to be you, this Town Board who has to make up its own mind as to which way it wants to go with this because it's only you who passes judgment on this Committees law. It's going to come down to you vote and what you think. The public said in this last election, either you are going to listen to them or you are not going to listen to them. ! don't think that any of these Committees ever really represent the entire community, especially this one. It's been a struggle for the farmers on this Committee, it's been very, very interesting to watch these battles. ! wish more of the Board members had come to more of these meetings because some of them have been very good. But ! still think that you are really going to have to reach down and decide what way you want to go with the results of this. It's still going to be left on your shoulders. No matter how this law is written, no matter what is written. ! know that Tom has said that basically, he could maybe go with upzoning. That is pretty shocking to me for a man who campaigned on that issue and said five acre zoning would get rid of farming quicker than anything else. But it is one of those things that you are going to really bite into and ! think you should take your time and look over this thing. ! think it's not something you should rush to. ! don't think you should come to a Public Hearing until you have really hashed it out at several work sessions and gone over what you think this thing should be. Because this is encompassing an awful lot more than just the preservation of farmland. It's changing again the zoning on the North Fork. It's almost like a re-master plan update on what you want to do. So ! don't think it's a simple thing, ! think it's a big thing. ! do think that the influence that's been on this Board is uneven, ! don't think it's been fairly structured to represent everyone in this Town but then again it was you who said okay to this Board so ! really can't say too much about that. But ! think that you are going to have to really look it over, it's very meaty and they have done a lot of work and ! think that you should realize that the Public spoke in this last election. Thank-you. GAlL HORTON: My name is Gail Horton from Greenport. I just want to say that it is wonderful when elected people are asked to explain their vote. Particularly when it is people who are amongst the elected. Thank-you. FRANK CARL1N: Bill Moore, . ........... report on the Animal Shelter progress. COUNCILMAN MOORE: We are going to actually have a formal presentation to the Board and we'll have it together for the next meeting. We were trying to work with the League, in what was supposed to be a collaborative effort with Reggie Weile and Jamie Richter. The League opted not to attend a meeting this past Monday and that is a shame. There seems to be some confusion or misunderstanding of what the role of the Foundation is that stepped up to the plate and has volunteered to raise money to bridge the gap between what the Town and Mr. Raynor had provided. We have $500,000 more or less and the budget came in with bids of $880,000 and so we went back to sharpen our pencils, look at the project, tweak it and set that in January, February and it was supposed to be a collaborative effort and I think there are other things outside that involve the League itself as an organization that have colored their decision not to continue to participate in the design. Jamie and I met on Monday anyway, we have the foundation of a terrific plan, we are going to proceed. I've gone down and visited the Bide- A-Wee Shelter in Westhampton. I've visited the new Southampton facility. I've been through our facility and I'll be presenting an entire package to the Board. The plan when it is finalized will be the subject of a capital campaign. The Foundation has volunteered to do this, they are going to go out there with that plan and say "Let's go raise the money." We know that this community, the people out there want to see the Shelter get built and people are going to send money where their hearts are and it will get done. So I have no doubt that we are going to move right on forward. The League understands that they have a contract with us and they are operating the facility and the confusion was on the fund- raising side. And that is just unfortunate. 5/7/02 17 FRANK CARL1N: One thing, Bill, could like every Board meeting could you bring us up to date a little bit, every Board meeting give a little report on that? COUNCILMAN MOORE: I'd be happy to. FRANK CARL1N: I want you to know that I've been watching you and I know you are trying hard and ! applaud you. ! think you are doing a pretty good job so far. ! want to say one more thing before ! leave. None of you remember this program on radio back in the 1940's, maybe Mr. Richter. The Millionare, he was the program where he would select somebody and give them a million dollars. He would have a representative knock on your door and give you a million dollars. Well, that reminds of Mr. Raynor, who came to Southold Town and knocked on our door and gave us $250,000. ! think that was great. Now, just to put his name on the Foundation, if anybody thinks that is wrong, to me, that is just ludicrous. Thank-you. JOAN EGAN: ! think we have skirted around two issues. One is the Police. This you cannot ignore. It's wonderful to talk with Mr. Moore about the Animal Shelter and a new Police Station. But all of these things will be for naught if we don't have a Police Force. We are way down on the Police Force. The gentlemen who addressed the salaries, the State Police make a lot less than ours do and they work a lot harder. That's because their requirements are a great deal greater than ours. ! believe, ! may be wrong and you can check me out and you would love to find me wrong, they have to be college graduates or at least have two years ours don't. Now, aside from the education the important thing is this, with the gambling and it is going to happen here in Southold. Foxwoods has been paying off the Shinnecocks for years not to do it. You go have gambling over there. ! believe and this is only an educated guess, that Mr. Kapell will probably have a gambling boat going. So with all of this that is happening, one thing leads to another and I'm sure you've all read novels and the truth. We now have mega prostitution here. You always had to search them out in Riverhead now we have a tremendous amount more, ! don't find it funny Mr. Romanelli. SUPERVISOR HORTON: Joan, may I comment to that very briefly. My history tells me and I am a history buff of this area and ! think when we have poker boat fleet out of Greenport, ! think prostitution was at an all time high in this Town. From about 1915 to the mid 1950's. JOAN EGAN: Let me tell you Mr. Horton, ! ride the roads and ! see what is going on. ! can name the man who is running the one in East Marion, if you want to but ! won't reveal it because ! can't prove it. But ! know who he is. You have prostitution. Mr. Romanelli, ! really resent your smirking there. ! don't think it is even the least bit funny because prostitution and gambling lead to murder. Do you listen to the radio in the morning, the Police reports? Do any of you really.. SUPERVISOR HORTON: Joan, have you called the Police Department about this? JOAN EGAN: I certainly have. SUPERVISOR HORTON: Will you call them again and let me know when you have called them. will make follow-up calls. JOAN EGAN: I have called the State Police and I very often have to call the Riverhead Police to get our Police to respond. And the problem, Josh, is you don't have enough Police. So put your money where it is important because we are going to have all these visitors out here, we are going to have the Strawberry Festival and we are going to have the Maritime and we are going to have this and we are going to have that. You can't get through Greenport, you can't get through anything and you are waiting for disaster, for one murder after another. Now don't tell me that you know more about prostitution than ! do. I'm not an expert on it, Josh but let me tell you, dear ! know about the prostitutes and the big white Cadillac and the big white house. I've been here since 1958, do you want the name of the man who runs the prostitution. We have to do something, Josh and we have to do it. SUPERVISOR HORTON: Joan, can ! ask you to make the call to the Police Station and then give me a follow up call with it. JOAN EGAN: What do you want me to do? I call the Police Station. SUPERVISOR HORTON: Is there anything else you want to address the Town Board on? 5/7/02 18 JOAN EGAN: You want me to give you a written report? SUPERVISOR HORTON: No, I am asking you if there is anything else this evening you would like to address the Town Board on? JOAN EGAN: Yes, Mr. Harris finally did for me what I have been trying to do with Peconic Landing since last October. They have ruined that place. But the important thing is, Josh that they were going in and out with their big trucks with no tarps on them. No tarps at all. Now, the Police records which I addressed the Town Board on when Jean was Supervisor, was that the accident reports are months up there because the rocks go out and the sand goes out and nobody wants to wait until somebody makes a left on Manhanset Avenue so they go around and when it is sandy they will skid and go on the rocks. Then when we have rain, it's a mudslide. So finally I got Mr. Harris, and Mr. Harris got somebody in the DOT and I will give you the copy on the letter from somebody big in the DOT that Peconic Landing is getting one violation after another and our Police Force and the State Police can give them tickets for not sweeping up the sand which can turn into mud and clean up the rocks. They have something on the South Shore for development and that is, Josh before big trucks go out, you see what happens is that those big heavy tires hold the dirt and the rocks, so what they do over there is they go through water and they have to clean their tires out before they go on 25 or any state road. Okay, I will call you and I will give you a copy of the letter. BILL EDWARDS: Bill Edwards, Mattituck. It would be churlish of me not to stand up and say Thank you to those on the Board who supported me and Thank you to those of you to those on the Board who didn't but at least heard me. Who heard what I had to say. I also thank everyone who encouraged me to try to get on the Planning Board. As a citizen of this Town, I think it is important that this Board find a candidate that it can compromise and find four votes in support of. I think the Town is looking for that. I as a voter am looking for that. Obviously, I am disappointed not to be that compromise candidate but I do think that the citizens are looking to the six of you to find four votes for somebody and I hope that you will be able to do that. Thank you very much for your consideration in any case. SUPERVISOR HORTON: Bill, thanks a lot. On that note, thank you for stepping up to the plate as well as so many people who did, they put their resumes forward for the various Boards. And I want to say this, that for four and a half, going on five months now, I've been willing to compromise and I've put forth candidate, after candidate regardless of their party affiliation. Did I expect you to get on, to be quite honest, no, but we gave it our best shot. And I too, welcome a compromise candidate. Bill, Craig, Louisa if you care to come over from Fishers Island at some point or a conference call, because I think what the people of this Town are looking for and I feel as though I am right in step with it, that is change. It's not about politics, it's not about personalities it's about giving each Board new opportunities to breath with fresh perspective, perspective which may have come from outside of the community and has been planted here that holds an enormous amount of value so we can start to instill Boards that represent a cross section of the community. I'll continue to pursue that, I will continue to press for this change. I'll continue to leave my door open to any Town Board member who wants to bring forth a candidate for any of these positions. My door is open, my mind is open and I am willing to talk. I welcome a compromise candidate. With that being said, to my colleagues, my fellow Board members I hope we can open up this discussion further and continue to honor the will of the people and that will I believe is change. Would anybody else care to address the Board? COUNCILMAN WICKHAM: I would like to respond briefly to Joe Lizewski's comments about the Blue Ribbon Commission. The Blue Ribbon Commission was really established by the Supervisor, who saw it as an opportunity to make some change in the way this Town had planned. The normal way this Town is planned, is to let developers do it the way they want. The issue of really planning for a Town means you change that dynamic, you put in place some restrictions, you put in place some incentives, you try to change the way that business has been done as usual. We have a Commission that is fairly representative of the Town, there are some 16 or 17 people, several Board members, you can argue that it is not perfectly representative but it is a pretty good group of people and they meet weekly. I would like to review with you very briefly the status of the developments of this Commission. I see a number of you actually show up at the meetings. I would like to let you know very briefly what the status is at the present time and the direction it is going. Actually, Joe Lizewski's comments were quite accurate and he has been one of the faithful people observing and sitting in on out deliberations almost every week. First of all, we established targets of preservation and the first target was, we intend to preserve for this Town 80% of the farmland that could yet be developed and 80% of the open space. 80% of open space and the farmland that could be developed that could be developed will be put in the bank, so to speak. Never to be developed in perpetuity. That is the target 5/7/02 19 and that is our objective. The second objective is that we will do this in a way that does not remove equity or value to those people who own land in this Town. It will not be done by fiat. It will not be done by yanking the property away from people or condemning it. It will be done in a way to retain equity or value. There are a lot of reasons for that but ! am not going to get into that. The third target was one that was sort of a curve ball. ! will explain what that is. There are many people in this Town for whom preserving farmland and open space is not enough. We also want to put in some kind of restriction on how many people are eventually going to live here. There is a concern that if the current growth of population in Southold Town indefinitely this really will not be the kind of place that our people want it to be. So there is a third target, and that is to reduce the potential density of people significantly, at least by half. ! will remind you that the title of the Blue Ribbon, the name of this Blue Ribbon Commission is the Blue Ribbon Commission of Preserving a Rural Southold. It's not just preserving farmland, it's to preserve a rural Southold and that means not too many people. Now how many is too many? We don't know. Different people have different views about that. But our steps that we take and that we recommend to the Board and ultimately the Board will vote on needs to take into account how many people eventually are going to live in this place. How do we reach these targets? We were asked to put out first a series of voluntary measures and incentives so that land- owners, people who own farmland and open space will do the right thing. They will give up developing it. They will put the land in some kind of a land bank. They will sell development rights. If they do want to subdivide it, it will be subdivided into a very careful, so called conservation subdivision. The purpose of which is to preserve it forever as farmland and only allow just one or two homes. That is the so-called conservation subdivision. It is in line with that 80% target. We also proposed a new district in this Town called a rural incentive district. So that if a land-owner wishes to enroll in this district his land is forever protected from any upzoning or any significant land grab by a municipality. He is protected, his land is protected. But he also can't subdivide it. So for serious land- owners who want to preserve their land for generations into the future. This is a safe haven. It's a very attractive opportunity. Our Commission has seriously looked at these things, we think it is going to fly. It's a voluntary measure, we are not forcing people to join it but if the right incentives are out we believe that it will provide the stewardship opportunities that farmers and land-owners have used for centuries in this Town to continue to preserve land. Dr. Lizewski commented tonight that we are also looking at upzoning. Upzoning or zoning is a tool. It's a planning tool, it's been used in a number of places. All tools, like hammers or chisels, or any other tool have particular purposes that they are good for and purposes that they are not particularly good for. Is zoning an effective tool, is upzoning to say five acre zoning, is that an effective tool to meet our targets? There are two views on that. Frankly, our Commission hasn't reconciled these views. One view is, voluntary measures are nice, they are good, they are fine as far as they go but at the end of the day everybody is kind of a scoundrel, everybody will take what they can out of the system and you'd better have some back stock there that will really hold it. Hold it in place. There is some validity to that. You all know that in your lives. The other point of view is five acre zoning might actually exacerbate the problem. It might actually stimulate development. It might actually mean land being gobbled up, chewed up faster than ever. We don't know the answer yet to whether or not an upzoning really will help achieve the goals, the targets of this town. We are going to be looking at that intensively in the next few weeks. ! welcome all of you, any of you who wish to sit in on these Blue Ribbon Commission meetings every Monday evening and any one is entitled, welcome to address the group in the last 15 minutes of our session beginning at 9:15 P.M. Thank-you. SUPERVISOR HORTON: Would anyone else care to address the Board? With that, ! thank-you all for enduring these meeting, ! thank-you very much for you support and coming out week after week after week. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 8:57 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly adopted. Elizabeth A. Neville 5/7/02 20 Southold Town Clerk