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HomeMy WebLinkAboutTB-06/03/2002GENERAL MEETING JUNE3,2002 7:30 P.M. A Regular Meeting of the Southold Town Board was held on June 3, 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: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman William D. Moore SUPERVISOR HORTON: Good Evening and thank-you for attending this evening's public Town Board meeting. It is so nice to see so many faces here this evening. As a Town Board member, I appreciate attendance from the public. We have a couple of rules for Town Board meetings. First, that if you wish to address the Town Board on any matters that are on the printed agenda in regard to a resolution, there will be a time for you to do so prior to the reading and voting of those resolutions. If you have town business that you would like to address the Board on, there will be a time after the voting of the resolutions that we will make available to you all. I ask that when you do address the Board, you step to a podium on either side of the room, speak clearly into the microphone and begin by stating your name and where you are from. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $158,214.36; General Fund Part Town bills in the amount of $29,926.11; Community Development Fund bills in the amount of $10,000.00; Highway Fund Whole Town bills in the amount of $13,065.82; Highway Fund Part Town bills in the amount of $30,827.07; Capital Projects Account bills in the amount of $30,884.44; Landfill Cap & Closure bills in the amount of $443.45; Open Space Capital Fund bills in the amount of $264.50; Community Preservation Fund (2% Tax) bills in the amount of $541,596.02; Seaview Trails Capital Fund bills in the amount of $560.00; New London Terminal Project bills in the amount of $19,072.85; Fishers Island Ferry District bills in the amount of $13,154.47; Refuse & Garbage District bills in the amount of $86,460.37; Southold Wastewater District bills in the amount of $1,593.23; Fishers Island Sewer District bills in the amount of $195.00; Southold Agency & Trust bills in the amount of $8,143.75; Fishers Island Ferry District Agency & Trust bills in the amount of $144.64. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that a Special Meeting of the Southold Town Board be held at 10:00 A.M., Monday, June 10, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 4:30 P.M., Tuesday, June 18, 2002 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 6/03/02 2 I. REPORTS 1. Island Group Administration Claim Lag Report - through April 2002 2. Board of Town Trustees - April 2002 3. North Fork Animal Welfare League Financial Report - first quarter 2001 and 2002 II. PUBLIC NOTICES 1. New York State Department of Transportation Notice of Order to establish one handicapped parking space on the east side of Route 25, SH 8380, from its terminus northerly to a point 12+ feet from the terminus, a distance of 12+ feet for a period longer than two hours from 8:00 A.M. to 6:00 P.M. in the unincorporated community of Orient Point. 2. New York State Department of Transportation Notice of Order to establish one handicapped parking space on the east side of Route 25, SH 8380, from a point 158+ feet north of its terminus, northerly to a point 170+ feet north of the terminus, a distance of 12+ feet for a period longer than two hours from 8:00 A.M. to 6:00 P.M. in the unincorporated community of Orient. 3. New York State Department of Transportation Notice of Order to amend existing two-hour parking restriction on the east side of Route 25, SH 8380, from a point 12+ feet north or its terminus, northerly to a point 158+ feet north of the terminus, a distance of 146+ feet for a period longer than two hours from 8:00 A.M. to 6:00 P.M. in the unincorporated community of Orient. III. COMMUNICATIONS 1. Letter from Mrs. Dickerson's 2001-2002 class (Cutchogue) thanking all those involved for helping with the Pequash Drainage Project. 2. Letter to Supervisor Horton from Nick Motherway and family re appreciation to Building Department Staff. SUPERVISOR HORTON: We have various reports, public notices and communications that are all available at the Town Clerk's Office between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday if any of you would care to review those. Feel free to stop by Betty's office and make a request. At this point I offer the floor to any members of the public who would like to address the Town Board on matters that are on the printed agenda via resolution. MELANIE NORDEN: Melanie Norden, Greenport, New York. Perhaps if you tell us a little bit about resolution #379, its history and the participants in drawing up the various recommendations and what the proposal is for its future and how it will work for the various Town Boards. COUNCILMAN ROMANELLI: This was a Local Law in the change of putting accessory apartments in an AHD district, only in future AHD districts, not a current AHD district. This application change forward from the project in Mattituck-on Factory Avenue- it is part of the original proposal that Mr. Weiser brought forward with that proposal, that a portion of those units if he got the change of zone, if the project went forward that a portion of those units would have accessory apartment component to them. About a year ago, the past Town Board put the same law forward except that it had a date in it that was further back, which meant that in a current or pre-existing AHD district you could put an accessory apartment in the AHD district. The input from the public at that time was that they didn't want that. We went back, sat on it for a long period of time, talked about it and realized that if we are going to allow it then let's only allow it, take the public input and say only on a new district, if it is created, would it be allowed. And that is where that comes from. So we took the law and referred it up to our own Planning Board for their opinion. MELANIE NORDEN: So does it recommend accessory apartments in all new affordable housing districts? COUNCILMAN ROMANELLI: It doesn't recommend it, it says that you can do it. I would be more than happy to give anybody a copy of it. It doesn't recommend, it doesn't say it is a must, it doesn't say that you have to, it says that you could if you wanted to design your sub-division that way, you could approach it in that manner. 6/03/02 3 MELANIE NORDEN: From here it will go to the Planning Board for its review and recommendations? COUNCILMAN ROMANELLI: Right and from there it will go to the Suffolk County Planning for their review and recommendations and then it will go to a public hearing and it will be published. MELANIE NORDEN: Thanks. SUPERVISOR HORTON: Thanks, Melanie. Would anybody else care to address the Town Board? (No response) Let's move forward with the agenda. #351 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 sub-license agreement between the Town of Southold~ the County of Suffolk Real Property Tax Service Agenc¥~ and Alle~ King~ Rosen and Fleming~ Inc~ Consultants~ for a term effective upon execution continuing through December 31, 2005, for the use of the Suffolk County Real Property Tax Service Agency's Tax Map and GIS Basemap data in connection with the SEEDS program, all in accordance with the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #352 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby transfers Barbara A. Rudder~ Administrative Assistant in the Town Tax Receivers Office~ to the Planning Department on a temporary basis consisting of the month of June 2002. SUPERVISOR HORTON: ! would just like to say at the work session ! didn't mention to the Town Board but ! would like to publicly acknowledge Barbara Rudder willingness to be such a team player and work in any and all departments in Town Hall where her services were needed. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #353 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2002 Solid Waste District budget, as follows: To Payloader/Truck Tires $ 5,500.00 Motor Vehicle Glass $ 500.00 SR 8160.4.100.525 SR 8160.4.100.500 From SR. 8160.4.100.640 SR 8160.4.400.810 Maint/Supply Trailer Fleet C&D Removal Vote of the Town Board: Aye: Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $ 3,000.00 $ 3,000.00 Councilman Richter, Councilman Romanelli, #354 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 Lee Carlson from his position as a member of the Southold Town Anti-Bias Task Force Committee; and be it FURTHER RESOLVED that the Town Clerk be authorized and directed to advertise for the vacancy in this committee. SUPERVISOR HORTON: ! would also like to note the Towns' thanks for Lee's participation on the Anti-Bias Task Force and ! hope that we are able to fill that slot with somebody as competent. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 6/03/02 4 #355 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence for Lori Mclver~ Cook~ commencing with her last day of actual work on Thursday~ April 1% 2002~ through July 28~ 2002~ utilizing her sick, vacation, compensatory and personal time, as accrued up to May 20, 2002; and be it further RESOLVED that the effective date of Lori McIver's leave without pay under FMLA, for knee surgery and 8-10 week recuperation period, is May 21, 2002, and will remain on the Town's group health insurance at no cost to the employee from this date through and including July 28, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #356 Moved by Justice Evans, seconded by Councilman Richter, 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 County of Suffolk Office for the Aging and Town of Southold for the CSE Social Adult Day Care IFMS No. SCS EXE 02000006269 for the period April 1, 2000 through March 31, 2003, at an agreed cost not to exceed $61,558 and conditions and payments as set forth in the agreement; subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #357 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane~ Cutchogue~ New York~ from 7:00 a.m. to 5:00 p.m, Saturday~ July 6~ 2002~ in the interest of public safety during the Cutchogue-New Suffolk Historical Council "Annual Antiques Show and Sale on the Village Greem provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Lt. Flatley at least ten (10) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #358 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes expenditure not to exceed $450.00 for expenses incurred by individuals from the New York State Department of Motor Vehicles to travel to Fishers Island to process the renewal of driver's licenses for Fishers Island residents. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #359 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Donald R. Sileo to the position of part-time court officer in the Justice Department at an hourly rate of $20.77, effective June 17, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #36O Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of the following town roads for an Independence Day parade to be held by the New Suffolk Civic Association on Thursday~ July 4~ 2002 at 11:00 a. m.~ Old Harbor~ New Suffolk Road~ Fifth Street~ Main Street and First Street~ New Suffolk, provided they file with the Town Clerk a One 6/03/02 5 Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Lt. Flatley at least ten (t0) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #361 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of the following town road for the 23rd Annual Douglas Moore Memorial Concert on Saturda¥~ August 10~ 2002 from 5:00 p. m. to 10.'00 p. m.~ Cases Lane from Cedar Road to Main Road~ Cutcho;~ue provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Lt. Flatley at least ten (t0) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #362 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Plannin~ Department 2002 budget as follows: TO: Revenues: B.2 t t 0.30 Planning SEQRA Reimbursements Appropriations: B. 8020.4.500.300 Environmental Consultants Vote of the Town Board: Aye: Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. $18,000.00 $18,000.00 Councilman Richter, Councilman Romanelli, #363 Moved by Councilman Romanelli, moved by RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2002 budget as follows: To: Revenues: A.2025.00 Appropriations: A. 1620.2.500.800 Special Recreational Facilities Park & Playground Funds $ 35,000.00 Buildings & Grounds, Capital Outlay Klipp Park Improvements $ 35,000.00 COUNCILMAN RICHTER: I would like to mention that this is in regards to Klipp Park down at the end of Manhasset Road, we are going to do a renovation project of that beach area with new bunkers and new plantings and taking away the old gate, refurbishing the park itself. SUPERVISOR HORTON: IfKlipp Park and Manhasset don't add up to anybody, that is Gull Pond in Greenport. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #364 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Michael L. Hubbard to the position of Part-Time Custodian at the Southold Town Human Resource Center at a salary of $9.91 per hour, effective June 6, 2002, salary chargeable to Buildings and Grounds (A1620.1). Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #365 Moved by Councilman Wickham, seconded by Justice Evans, it was 6/03/02 6 RESOLVED that the Town Board of the Town of Southold hereby grants permission to use the town roads for the "Mighty North Fork Triathlon" for the benefit of the North Fork Promotion Council, Save the Bays, and Rick Shalvey's Row for a Cure (Breast Cancer Research), on Sunda¥~ July 14~ 2002 for an "Adult Triathlon", at Cedar Beach Park, Southold, New York, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park. The following town roads will be used: Paradise Point Road Main Bayview Road Jacobs Lane N. Bayview Road Dayton Road Pine Neck Road Oaklawn Avenue Baywater Avenue SUPERVISOR HORTON: I expect the Town Board to sign up and participate in the Triathlon. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #366 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 American Diabetes Association to use the following Town Roads for their l0th Annual Tour de Cure Cycling event on Sunda¥~ June 9~ 2002~ from 7:00 a.m. to 3:00 p.m, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured: Peconic Bay Boulevard, Bay Avenue, Wickham Avenue, Grand Avenue, Mill Road, Oregon Road, Cox Lane, Bridge Lane, Mill Lane, Soundview Avenue, Lighthouse Road, Moores Lane, Village Lane, King Street, Narrow River Road, Orchard Street, and Tabor Road. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #367 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #236 adopted at the regular board meeting held on April 9, 2002 which read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Love Lane, Mattituck, on Sunday, June 2, 2002 (June 9, 2002 rain date), between the hours of 6AM and 3PM to facilitate the trimming of trees on Love Lane by Shamrock Tree Expert Co.. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #368 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christa Grant as a part-time Student Intern in the Southold Town Supervisor's Office at a salary of $9.54 per hour, working half days during the months of July and August. SUPERVISOR HORTON: I would like to say that I look forward to Ms. Grant assisting us in Town Hall, I met her about 10 days ago in my office. She comes across as an outstanding, energetic, inspiring student. So we look forward to her participation. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #369 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was WHEREAS an amended petition has been received from George Wieser~ Secretarv~ Mattituck Housing~ LLC for a change of zone from Residential Low-Density R-80 District (R-80) to Affordable Housing District (AHD) on certain real property located on the west side of Factory 6/03/02 7 Avenue, Mattituck, New York, also known as Suffolk County Tax Map #1000-122-2-23.1, containing approximately 7.1 acres; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the above the application to change the zone from the parcel of property known as Suffolk County Tax Map #1000-122-2-23.1, containing approximately 7.1 acres is an UNLISTED ACTION pursuant to the SEQRA Rules and Regulations; and be it further RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the amended petition of George Wieser~ Mattituck Housing~ LLC for a change of zone from Residential Low Density {R-80) to Affordable Housing District {AHD) on property located at west side of Factory Avenue, Mattituck, New York, also known as Suffolk County Tax Map #1000-122-2- 23.1, containing approximately 7.1 acres. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #37O Moved by Councilman Richter, seconded by Councilman Wickham, it was WHEREAS an amended petition has been received from George Wieser~ Secretarv~ Mattituck Housing~ LLC for a change of zone from Residential Low-Density R-80 District {R-80~ to Affordable Housing District {AHD~ on certain real property located on the west side of Factory Avenue, Mattituck, New York, also known as Suffolk County Tax Map #1000-122-2-23.1, containing approximately 7.1 acres; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this amended petition to the Southold Town Planning Board for their recommendations and reports. SUPERVISOR HORTON: I would like to say that as a point of clarification, if it is at all confusing to you, in regard to the change of zone applications that the Town Board is required to follow legal process and that is what we are doing. Endorsing these resolutions neither weighs in on our feelings pro or con on any change of zone applications, we are simply following the legal process. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #371 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was WHEREAS a petition has been received from Quad Enterprises~ Company by Emanuel Kontokosta for a change of zone from Residential Low Density (R-80) District to Hamlet Density (HD) Residential District on property located between Boisseau Avenue and Youngs Avenue, Southold, New York, also known as Suffolk County Tax Map #1000-55-5-17, containing approximately 32 acres; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the change of zone application for the property known as Suffolk County Tax Map #1000-55-5-17, containing approximately 32 acres is a TYPE 1 action pursuant to the SEQRA rules and regulations; and be it further RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Review Act in the matter of the petition of Quad Enterprises, Company by Emanuel Kontokosta for a change of zone from Residential Low Density (R-80) District to Hamlet Density (HD) Residential District on property located between Boisseau Avenue and Youngs Avenue, Southold, New York, also known as Suffolk County Tax Map # 1000-55-5-17, containing approximately 32 acres Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #372 Moved by Justice Evans, seconded by Councilman Wickham, it was WHEREAS a petition has been received from Quad Enterprises~ Company by Emanuel Kontokosta for a change of zone from Residential Low Density {R-80~ District to Hamlet Density {HD~ Residential District on property located between Boisseau Avenue and Youngs Avenue, Southold, New York, also known as Suffolk County Tax Map #1000-55-5-17, containing approximately 32 acres; now, therefore, be it 6/03/02 8 REOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Planning Board for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #373 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Bialeski to the position of Traffic Control Officer in the Police Department at as hourly rate of $11.97, effective June 3, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED JUNE 18, 2002 RESOLUTION NO. 392 #374 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Frank Lyburt~ III and Christopher Lappe~ Jr. to the position of Seasonal Police Officer in the Police Department at as hourly rate of $14.69, effective June 3, 2002. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #375 Moved by Councilman Romanelli, seconded by Councilman Richter, it was (1) JOHNSON 2000 outboard motor - serial #G04803625; model #J150PLSS; gas motor type; 150 horsepower; 6 cylinders; power tilt and trim; electric start. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Southold Town Clerk to re-advertise for the sale of the above surplus equipment without a minimum bid. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #376 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that pursuant to Article IX of the Constitution of the State of New York, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill No. S.6110 and Assembly Bill A.9645 entitled "AN ACT to amend the Criminal Procedure Law, in relation to the designation of peace officers in the Town of Southold". 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. JUSTICE EVANS: This has to do with the Fishers Island constables. SUPERVISOR HORTON: Just to refer in the resolution that the is the Constitution of the State of New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #377 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for youth members to serve on the Southold Town Parks and Recreation Committee. SUPERVISOR HORTON: I would like to say that yesterday I invited to a meeting held by a number of students of Greenport, Mattituck and Southold High Schools and we were discussing ways of incorporating youth and student participation in Town government to accentuate or fortify the voice of youth. These gentlemen here, who should be commended for being at the Town Board meeting, put forth the idea of having some student participation on the Parks and Recreation Committee. So in an effort to make good on my visit yesterday, I highly recommend the passing of this resolution. 6/03/02 9 Vote of the Town Board: Aye: Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Richter, Councilman Romanelli, #378 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Kim Douglass as a part-time intern in the Southold Town Attorney's Office at no salary effective immediately through August. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #379 Moved by Councilman Romanelli, seconded by Councilman Richter, it was WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of June, 2002 an amended Local Law entitled, "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District", now, therefore, be it RESOLVED that this Local Law be referred to the Southold Town Planning Department for recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] This proposed "Local Law in relation to Zoning, Chapter 100, Article V, Affordable Housing District ", which reads as follows: LOCAL LAW NO. 2001 ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No.6-1986; amended 11-16-1986 by L.L. No.14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. (4) One Accessory apartment as set forth in section (C) below. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (3), (4), (6) and (7) of this chapter. C. Accessory Apartment. One (1) accessory apartment is permitted in an ~v:~,:.~ ........ ~ one-family dwelling, subiect to the followin~ requirements: (a) The accessory apartment shall be located in the principal buildin~ and said principal building must have been constructed after January 1, 2002. (b) The owner of the principal dwelling shall occupy one {1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The one-family dwelling shall contain not less than one thousand two hundred and fifty (1,250) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed forty percent (40%) of the livable floor area of the existin~ dwellin~ unit. (f) A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accessory apartment shall be permitted on a lot. (h) The accessory apartment shall contain one bedroom, a kitchen, a bathroom and one common room. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. 6/03/02 10 (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No.6- 19931 (1) All accessory apartments shall be snbiect to the audit of the Community Development Office. Certificate of renewals shall be renewed annually with inspections performed annually by the Town Code Enforcement Officer. Failure to maintain and renew a certificate of eligibility will result in the loss and revocation of the certificate of occupancy for the accessory apartment. (m) The building, which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued after to January 1, 2002, or proof of occupancy prior to that date. (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Sonthold and the New York State Uniform Fire and Building Code. (o) Notwithstanding the provisions of §100-31B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 100-31B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-19891 (r) Home occupations are not permitted to be operated in or on the premises ........... of the accessory apartment : .... Accessory apartments permitted pursuant to this section shall remain affordable as defined by Director standards for the purpose of renting said accessory apartment, for at least twenty five (25} years from the date of the initial certificate of eligibility. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: With the last of the resolutions on the agenda that we are voting on tonight, in a second ! will be offering the floor to the public. At this mornings work session, as a point of reference to you all, the Planning Department came to the Town Board with a recommendation of a moratorium. That the Town Board enact a moratorium and it was a rather broad suggestion in regard to a moratorium that was put forth, from everything from docks to major sub-divisions. The Town Board took the information that the Planning Department has prepared and is reviewing it. When this hits the streets on Thursday, at least you will all be informed that you know where the Town Board or this member of the Town Board stood in regard to the recommendation that was put forth by the Planning Board for a moratorium. ! would like to share some of my thoughts on enacting a moratorium. Particularly in regard to some land use issues that we are faced with now that are pressing, ! think to all of us and important to all of us. So if you are elected and those who are taxpayers that elect the elected, the Blue Ribbon Commission has been working tirelessly to address the land use issues and development pressures facing Southold Town. ! think that they are to be commended for working so hard and in so many ways thinking outside of the box, ! think that, well ! don't know that the Blue Ribbon Commission will meet the June 30th deadline or not, but ! think that it is safe to say that in the near future there will be a document or documents put forth to the Town Board that will be recommendations from the Blue Ribbon Commission for the Town Board to review and debate and enact or not enact. In regard to a moratorium, the recommendation of the Planning Department and the Planning Board, ! would like to just state at this point a few of my thoughts on the moratorium. That is- A. ! will not support a moratorium in order to give bureaucracy a chance to play catch up. ! believe that the department heads are responsible for managing resources and getting their jobs done. ! will not support a moratorium in order to put off making tough decisions on whether or not to implement land- use ideas that are being cultivated. It is important to realize that land-use initiatives and ideas are being cultivated at this time. ! think such tactics are not fair to anyone. In essence, ! will not support a moratorium that is a means of buying time or stalling or making the moratorium a bridge to nowhere. Now, that being said, ! would also like to say that ! would support a moratorium on major sub- 6/03/02 11 divisions if it is a mechanism that will provide a clear channel for the Town to navigate while effecting changes that we as a Board feel are necessary to protect the Town. If, and only if, clear objectives are agreed upon by the Town Board. Meaning that before as ! see it, before the Board can agree on enacting a moratorium, we the Board must first identify and agree upon what will take place during that time. The moratorium must be acknowledged and looked upon by the Town Board as a tool to use while dealing with the land-use issues, and ! think that it has to be addressed as such. ! think it has to be addressed as such. It is not anything to rush into, it is not anything to make a hasty decision about. It is an awfully valuable tool that has to be utilized, if it is utilized, has to be utilized in the most responsible and effective manner that the Town Board can do. So those are some of the thoughts that ! had in regard to a bit of what went on at the Town Board work session this morning. At this point ! would like to open the floor to the public as ! see there are many people that ! am assuming want to address the Town Board. ALEX WIPF: I am Alex Wipf, President of Southold Save Open Spaces. Josh, the whole reason for a moratorium is to give the Town Board the time to work on a comprehensive land-use plan. It is not a punishment for major sub-divisions, it is a simple protection for the Town so that there will be times within the government board to decide what is the best path to take. In fact, there are a number of suggestions out there that would radically change the way sub-divisions might be developed. So if ! were a sub-division developer ! would immediately run and file a sub-division plan. And it is to prevent exactly this kind of pre-reaction that a moratorium would be most useful in preventing that kind of a situation. So just the opposite of what you said, it is precisely to stop someone trying to get around the Town's plans or the needs of the Town. So ! would whole-heartedly support and ! hope that the public will support my supporting it and hopefully you will be responsive to the public when in fact this moratorium goes down. SUPERVISOR HORTON: ! think that a point just to make very clear is that, that is exactly what ! said. ! certainly made myself or tried to make myself clear that ! would support a moratorium on major sub-divisions if the Town had extremely clear objectives and the Town Board was working together to implement strategies that would protect our Town. KATHY TOLE: ! am Kathy Tole, ! represent the Committee to preserve Pipes Cove. We definitely support a moratorium because we don't think that there is a cohesive policy at this point and in order to develop that policy as opposed to setting definite goals before you decide to embark upon a moratorium, would be reasonable. We support a moratorium, we support the concept because we want to see a plan develop during that moratorium. And ! don't believe necessarily that you can set specific goals as opposed to general goals in developing a policy. Thank-you. VINCENT LAROCCA: My name is Vincent LaRocca, first of all ! would like to thank the Planning Department this morning for sharing their unique perspective on what they see going on. It is a very serious issue when our Senior Town Planner and the Chairman of the Planning Board come before the Town Board and say that the velocity of change is so significant and the amount of applications before them is so significant that both our Senior Planner and the Chairman of the Planning Board are counseling the Town Board to put a moratorium in place. As a member of the Blue Ribbon Commission, ! don't think that it is my place here to get into the detailed workings of Tom's Commission but ! would like to share briefly my experience before ! got out to Southold, which was assessing businesses that we thought would succeed in making substantial investments in those businesses. So there was a lot at stake in the business that ! used to be in, in determining if success was achievable. There were three things that we would always look at. As a business, define achievable and that sounds very easy because well, we want this and we are going to do this wonderful thing and that wonderful thing but defining success is going to require really hard choices from the Town Board. The balancing of affordable housing, preservation of space, respect for land-owners, there are going to be costs and benefits to whatever we define as achievable success. Once you have done that, then the battle just begins because then you need a plan, a detailed plan, a road map that takes you and says this is how you achieve the success that you define. Then you need to have a budget and allocate your resources, our community resources, to make sure that it supports the plan that supports the definition of success. ! think that it is pretty close to unanimous amongst most people, we are not there and there is a lot of heavy lifting to do and a lot of hard choices to get there. And it may seem simple, and it may seem trite, but there are going to be no second chances to get this right. And so ! hope that we do this, but ! also agreel00% with Josh that if we put in a moratorium, it is critical to be respectful to the land-owners, the developers and the citizens that we don't blow it. ! am afraid that that responsibility is going to lie nowhere else than right up here at the dais. Our Town Board is going to hold all of the departments feet to the fire to marshal this offices resources to get this done. So, ! 6/03/02 12 hope that you do go forward with the moratorium and I hope that you do follow the counsel that I heard several of you express this morning to make sure that we understand that it is not a cost-free alternative because some of our constituents in this community are going to have to endorse and sacrifice. We need to maximize the benefit of that. Good Luck and I hope that you come to a conclusion toward the moratorium. JEAN ECKHARDT: My name is Jean Eckhardt, and I am also a member of the Community to Preserve Pipes Cove. My major concern is the environment. I grew up out here and I have lived in Manhattan for 20 years and I have just now moved back out here full-time. I am seeing egrets, and soft-clams, hard-clams, and crabs, and birds like I can't believe. Finally, that had not been out here for years. We are going through a whole big thing with the Planning Board with development sub- division in our area and so far that is not happening because it would really start destroying everything again. That is my major concern. This is a precious, precious area and environment and I understand all of your concerns and I beg of you to please keep the environment in mind. SUPERVISOR HORTON: In regards to, Jean, you have made an important point that I have been working with the Planning Department on which is bringing, you mentioned protecting the environment and particularly the wetlands are hitting so close to home with you. I know exactly where you live and it is one of the greatest spots in Town and I am working hard with the Planning Department and I have high expectations in the Planning Department in regards to bringing to the Town Board to draft local waterfront revitalization plan, which I think has been sitting in the coffers of Town Hall for an awfully long time. And it is time that we take that seriously because that document when reviewed and if enacted will certainly give the Town a better road map and a clearer path to protecting the environment here. That certainly comes on the front burner for me. Thank-you. COUNCILMAN RICHTER: I would like to respond to Jean because what I think she said is extremely important. About two weeks ago, I saw you early in the morning. That is one of my favorite spots, it happens to be Pipes Cove. Being from Greenport, it is probably one of the most gorgeous areas and that is one of the reasons that we live out here. The serenity. I think that it was about 7:30 am when I had my crab boat in the back of the truck and I was taking a ride down to Pipes Neck. But let me just tell you how beautiful the spot is, as I pulled down Pipes Neck and I put my boat in to the water, I went out of the channel towards the Bay and I did some soft-clamming while I was out there. I had 6 geese in front of me, no further than 20 feet away, they could care less that I was there. They were swimming and landing back and forth, as I was there I saw four deer that came out of Squirrel Island and swam right across the water, as the egrets were there and the osprey was going over Pipes Neck itself. We have a very special area here on the North Fork and I think that we all realize that it is very special. MELANIE NORDEN: Melanie Norden, Greenport. Thirty years ago I had the privilege of serving with the Planning Board of the Town of Tewesbury on Marthas' Vineyard where I lived for many years and the Vineyard is fragile and beautiful and lovely but no more lovely and beautiful than the North Fork. The only real difference was that thirty years ago there was a vision there and a sense of where that community wanted to go and some of that came from a moratorium, which allowed a garnering of public concern and public dialogue, which is one of the most important things that can happen in a moratorium. It is not just the time to step back and plan, which is important, or to step back and protect, which is important but it creates an opportunity for dialogue across the board and community. We have a passionate citizenry because as many people have said, we are only going to go this way once, the North Fork is going to go in 8 years or 5 years, among predictors if we don't do something now. But one of the problems that we have, which many people don't realize what any of this group is about. People are always saying well, how come this is happening, how come that is happening, one of the things that a moratorium will allows us to do as a group, as a group of towns, is to step back with other surrounding towns which have also enacted a moratorium and take a look at exactly where we are going to go and garner and generate the kind of dialogue between any number of different people to get that passionate commitment to get that vision of the future, as part of the road map. So I support the moratorium. RONNIE WACKER: I just wanted to say that for the 30 years that I have known our previous Town Planner, I have never seen her to be any less than a very reasoned person. She is not given to any histrionics, she has been working very hard and under extraordinary circumstances to do the job but at this mornings work session and at the Blue Ribbon Commission the other night, I saw her really upset about what is happening in this Town. This mirrors what I hear from people around the Town. The traffic is horrendous, don't go down to Riverhead Friday afternoon because all the traffic is coming 6/03/02 13 from New York and when I see someone like Bennie Orlowski say, if we don't do something, we are going to be built out to the point that we are on weekends in the summer but it will be every day in the week. Of course, what is going to happen then is the tourism will go because people don't want to come out here to see the same thing that they see back in Hicksville or someplace. I would take very seriously Valerie Scopaz' suggestions that we go to a moratorium. It seems to me that there is no question but that she is knowledgeable about this and so, we ought to be paying attention. I understand that a moratorium is a very serious matter and we should not undertake it whimsically and we should undertake it with a specific goal in mind, this is my understanding of it legally. But I would think that with the recommendation of the Blue Ribbon Commission that we would then have a goal and once we have a goal then I think that we ought to ask for a moratorium to give these people in the Planning Department a chance to catch their breath, to do the work sensibly and solidly that will be required to get this over. But I assure you that you have the support of most of the people in Southold Town. Thank-you. JOHN KENDALL: My name is John Kendall, I am from the area up in North Bayview. And while I am concerned with the environmental issues surrounding the proposed development at Forest Brook and Zoumas property from say roughly Cedar Road all the way to Jacobs, 58 homes or maybe 48, I don't know the exact number, are proposed and at this time the area has been declared environmentally sensitive. And the area, what Mr. Richter sees, I see every morning on a daily basis, almost in my own backyard. Lucky me, very fortunate. Great horned owls and foxes and deer and egrets and whatever, so the thought is that right in there is a very pretty area which no one ever gets to see and I am in the process now of finding Indian artifacts to support the aboriginal claims to the area. Subsequently, I will have to search around to find any...but I am working on it but the thought is that I know that the Board will responsibly enact a moratorium but I would like to see that enacted with all speed. Thank- you so much. JAY APPLEGATE: Jay Applegate, from Southold. As you know, you have the unilateral right under the constitution to impose a moratorium. Some of the suggestions that I made last week including a commission however, where to take a vote, ask the citizens what they think. Impose a moratorium and schedule a referendum in the fall. Most of the people who live in this Town have nothing to gain by future and further real estate development but they have something to lose, which is the quality of life and also lose from the standpoint that their taxes will inevitably go up. There were some numbers shared with the Commission last week which I would assume that you are familiar and that is on a given acre, if two children move in to a home it will cost the Town $650,000. to educate those two children, as opposed to two alternatives. One the $20,000 cost of buying the development rights on that acre but the other is to just say no to building that building. So the taxpayers have the option of $20,000 cost or allowing this to happen which is $650,000. I think that if you ask them they would tell you what they think, and I think that most people would say no. JOAN EGAN: Good Evening. New business, old business. How are you, Josh? Isn't it wonderful to see these young people here who are starving. Mr. Richter, do we have the police report yet? No. I left word at Town Hall that I would help you with that. Did you receive that message? COUNCILMAN RICHTER: Joan, it has been a long day and I don't know. JOAN EGAN: You don't know. Well, I'll leave another message. Now, excuse me. Now, your beach clean-up. Would you like a little borrowed information on that? I asked you to check things out. You had volunteers who did it for St. Agnes cemetery, the beach there. You know what they did, I am going to tell you what they did. They called Father Murray, our new pastor, on a Sunday night and told him that they had cleaned the beach up for you and your program and that they then took the garbage and dumped it on the grave. Are you happy with that, Mr. Richter? That is our priest's report. COUNCILMAN RICHTER: I have to respond to that because I truly don't believe that that happened, I can't see anyone-excuse me. JOAN EGAN: You are accusing me of not telling the truth-then Mr. Richter, then you can ask your sister-in-law, it is on police report, it is on report with the telephone company that Father Murray got the call, he dialed *69 and he got the number and it has been reported to Southold Police and New York State Police. And the funeral services last Saturday, I believe it was, the gentleman who cleaned it up told us about it. It is the truth, Mr. Richter so I would suggest in the future that your beach cleanup be done a lot more correctly and appropriately. That's it. Now, Mr. Romanelli-I don't know what any of you find funny up there-we went through this the last time, sometimes when people get 6/03/02 14 nervous or have a guilty conscious they giggle, like little children it shows their immaturity, we can excuse them but you have a business to run you are on the Town Board and you ain't doing your job. I called your office many times since the last meeting in regard to the noise control. We are working on it, the end. You are not working on it, you haven't done anything, you have been away on vacation. I also called your office several times and reported this to Town Hall. That development, housing things like that where they are excavating, that there are big holes and big piles of sand, that those should be enclosed and safe-guarded. Was it done? No. Because you were out of town. And do you have anybody else on your Committee, that when I see a problem and I am not talking about the whole town of Southold, I am right in Gardiners Bay Estates, I only want to protect my kids, who do I call. I have to call the police? We don't have enough police and you are out of town, we can't get a message to you and even when they do you probably don't want to reply. So what do I do, Mr. Romanelli, just go home and pray and pray like I always do for those children and the adults that could get hurt and killed because you don't want to do your job properly. You wanted to be voted in, you got voted in. Big shots, right. Well, let me tell you, Mr. Romanelli, it ain't going to last like that. Who do I call when you are not there? COUNCILMAN ROMANELLI: It depends on what your problem is. JOAN EGAN: Well, I already two of them. COUNCILMAN ROMANELLI: The weed whackers? Or the holes? Well, the weed whackers .... JOAN EGAN: When somebody gets a permit to build a house and they excavate for the house and they have a big dirt pile and a hole they should also be forced to enclose that area. (tape change) SUPERVISOR HORTON: Is there anything else that you would like to address the Board on? In an effort to ensure that we have other people in the audience that I would also like to hear. JOAN EGAN: (inaudible) We are so far down on police it is ridiculous. At the last Town Hall meeting, I believe that you all talked about a 10% reduction in services. Services that we have paid for. (inaudible) No money for day-care services let mothers stay home and take care of their children. (inaudible) Have you reviewed the accident that happened here? We get away with murder here, Josh that we don't have a paid fire department. And our guys are on the road here night and day for any number of reasons. The lousy cars, the lousy air, the lousy roads. People are dying all over the place and you up there don't want to hear this do you? Now, I think that you should almost immediately enact a water control for people to be able to water maybe once or twice a week because we are running out of water, national television has the year 2025 there will be no drinking water left. So these people now, also the spraying along people for environmental reason, I can understand that so here I am going to help you. (inaudible) Who do I address the issue of the doctor's making it easy for themselves have their little (inaudible) outside their office and they are not cemented down. There are lots of these kids, I have seen them many times, tampering with them and this is a very serious issue. Is that a Town situation, County or what? SUPERVISOR HORTON: Joan, I am going to make this the last bit of our dialogue. You know that you are always welcome to call me and often you and I have lively discussions about things other than Town business so, why don't we continue on with that and give some other people a chance to share here. JOAN EGAN: Mr. Wickham, you report things to the, that are made to be known to the Town, to the Suffolk Times and I think that is wrong. That it is only put in the Suffolk Times, it should be put in all the newspapers. That is discrimination. THERESA ACKERMANN: I am delighted to be a member of the Town (inaudible) I have been (inaudible) I am very proud to be a member of Southold Town, I am a new person here, we have been here since '97. My husband and I chose to be farmers (inaudible) we are choosing to raise our two children here. I grew up in Brookhaven, not far from here and there are very few, any farms left there and I feel like we have an obligation to the Town and to our children, if we have an opportunity to do something. I feel like in Brookhaven, my parents probably didn't know better (inaudible) I think that things kind of happened when they weren't paying attention and all of a sudden they looked around and there was no open space and our way of life was gone, there was things that we could do as kids that we were no longer able to do, you were no longer able to do strawberry picking and going to the farms. We have all that out here and this is the only place that is left on all of Long Island. There is no 6/03/02 15 other rural community on this Island. We are the only one. And we need to do something immediately to preserve it. And in all due respect I think that we have a long way to go to really understand everybody's opinions and I think that opinions are valuable... (inaudible) but I feel like it is a race for a plan before we instill a moratorium, we are going to wake up like my parents did and say what happened to the peach farm, what happened to the nursery behind us, how come my home has a four-lane highway in front of it when I used to play on Route 25A when I was a kid in the snow. But my mother grew up in Rocky Point and she would tell me stories about that my grandmother would see a truck drive by in the morning whoever that person was we would know and you would give them money on their way to Port Jefferson and ask them to bring back milk and eggs. There were only a couple of cars going by a day so although I am not a local of Southold, I consider myself a local since we have been out here, this is my backyard and I really am happy about...inaudible.., for my children don't move to find an environment that they grew up in. And I urge you to enforce a moratorium immediately; I understand that it is a big decision but I think that it is a decision that needs to be made to give us time to truly look at all the innovative plans out there. And put a very innovative plan itself, this is a special place it is the last one left and we need to do something special to make sure it is preserved. Thank-you for listening. RAY HUNTINGTON: I am Ray Huntington, from Cutchogue. I am very concerned about missing due dates and moratorium. I find them onerous. But under the terms that the supervisor decides, I think that they are sometimes necessary or that they could work. I have been observing the efforts of the Blue Ribbon Commission and I am very concerned about the closure activities. We are looking at a due date there of the BOth of June which was a great idea to set up as an end-point, so we have got to achieve that. And the closure techniques have to be designed to achieve that. It is one thing to recognize that closure is the important part of the process but the work necessary to drive that closure into a good and useful product in time to deal with the situation that Theresa just described a moment ago, is a very, very important part of the whole idea of the moratorium. A moratorium that gives you the time to apply the skills, gets the work done and gets the results. This is what we are asking for here. Not just putting it off six months. HOWARD ME1NEKE: My name is Howard Meineke, I am the President of the North Fork Environmental Council. I would like to say that this issue is very dear to our hearts. Eighteen months ago or so we had an audience with the Town Board and presented a plan with a whole bunch of parts and it was a preservation and a Town planning document. For one reason or another very quickly thereafter the Town reacted with a Zoning Plan of their own. Now that started a very intense debate, it didn't carry the day but I credit the Town for doing it because it did start the debate. And we are now here and the Blue-Ribbon Commission for all of the problems with the due date, I think that six months was probably optimistic, but it certainly is allowing views to be brought forward and allowing people to be involved they are encouraging involvement and from my perspective of quite a number of years now with North Fork Environmental Council, it is the first time the suggestion and complaints and negativity and positivity came through and something is happening now. I think that to allow that to expire or come to premature conclusions because we have pressure would be stupid. I think that it is designed right now to justify a moratorium because this is such a strong start. A moratorium would allow us to come to a strong finish. So we certainly, and our 1200 members would say do the moratorium and give your town the chance to make the right decision. Thank-you. SUPERVISOR HORTON: Howard is one of the people that when I was getting into the race, I bounced the idea of a Blue-Ribbon Commission off of him, and I don't even know if he knew my name at that point, so Howard, thank you for speaking positively about those efforts. NEIL MCSHANE: Hi, Neil McShane, I am President of the Nassau Point Property Owners Association, I attended many of the Blue Ribbon Commission meetings. I come from a planning background, I spent over 20 years on Planning Boards albeit not in this state, the state of New Jersey. And I would like to give you the method of my experience because you kind of have to go through the development process and see how a community develops over a period of time to understand what is really going on. The community that I lived in even before I got there, developed a very strong master plan. They put a lock on their zoning, it was very tight, a lot of it was commercial, a lot of it was residential-lots of different classes of residential, a lot of multi-family. They...inaudible..zoning, there was some up-grades, there was some tightening over a period of 20 years. The community prospered dramatically but they stood by their zoning and I think that the important issue and I think that you should look towards your attorney when you start dealing with the kind of issues of zoning down the road. Because I also come from a development background, the work that I did over the years was in development business. Developers are prepared to spend a great deal of money to hire counsel to rip 6/03/02 16 apart any community zoning that they want, unless you have developed a zoning plan that is thoroughly grounded and defensible in court. You are going to be taken to the cleaners at some point. You have got to be in position to protect what you have for the next 10, 15, 20 years. This part of the world, is what you have heard from many tonight, in that you have the natural resources and the natural beauty that you used to see in parts of Florida, Naples, Florida, Ft. Lauderdale, Florida areas that have been ear-marked as great places to be and have really tremendously over-developed over a period of time and the process kind of compounds itself. Zoning breaks down, new groups of people come in, they start up-grading the zoning and before you know it there is nothing left. Fortune magazine has designated the North Fork as the place to be. Now that is an international magazine and it is already happening, we see it happening now. People that are deciding that maybe they don't want to spend that kind of money on the South Fork are saying that they will come over here. The houses are getting bigger the side-yards are being challenged, we are losing some of the green area. I think that you really need the breather of a moratorium from my perspective. As well as the fact that I think that you have got to look at your own Planning Department. One person or one and a half people or two people isn't really enough to deal with the issues that you are talking about. You have to beef that up because that whole planning process is to serve this particular area. Now if you don't do it in- house, you are going to have to send it to consultants and what-not...inaudible. I am a great believer of a Master Plan and I think that that is the direction you have got to go in. You really have to firm it up. GERI WOODHOUSE: I am Geri Woodhouse, from Orient. I am also the Vice-President of the North Fork Environmental Counsel and I strongly support most of the comments tonight. Not because Southold...inaudible...because, you said something that you wouldn't support something if you thought it would give your departments a chance to catch up is what was going on. I think what is happening is a very exciting thing. You have at one point now actively involved in looking at what is going to happen in the future. You have your Planning Department, you've got your Zoning Board, you've got your Board of Trustees, you have a very exciting Blue-Ribbon Commission all saying that we need time to catch our breath because we are being besieged by pressures that are outside of our control. That is really important. Because the pressures are coming not from us here but from other people that want to come and do things and change things and alter things that we don't necessarily want to happen here. And we need the time to coordinate all of the responses from all of the varied people. I think that right now this is a very exciting what is happening in this administration in Town. And for the first time, departments are talking among themselves and with each other because they have to something in a very concerted way. Just as tonight, I think that you have citizens from very disparate groups in the community all coming forward and saying the same things. We don't have a lot of time to stop what is happening to us. If you go down all the side streets, I walk in the morning and I am amazed at how quickly things have changed even in my own community and my..inaudible..isn't for the better. How big can you get, how much land can you cover and how new and fast and good can you put something up? I don't think that that is what this Town is all about. So a moratorium would give us time, not only to get back and coordinate things, to establish goals that we all agree upon. You know, it is sort of like my garden when we had that storm last week, I planned very organized rows and I had my seeds and I thought I knew exactly what was going to happen and then a storm came in with a lot of rain and I came out the next morning and here are these weeds that were not there the day before and they were blocking all of my flowers and plants and things had come from every place in the garden and it was just a mess. And it wasn't because I planned it, I mean, I had good planning skills but things outside of my control happened in my garden. I think that a lot of the planning for development, the planning that is going on right now are outside of our control. On the block on which I live, one block, I can tell you in a year the number of applications for building permits and lot-line changes, the variations for adding new units for that house that have gone in, it is more than 50% of the block and it has changed already the face and the character of what is so unique about my development and I think that that is happening all over. So I would hope that you would take the time to bring everybody together on board and that you as a Board define what is happening for us rather than people from outside coming in..inaudible... Thank-you. JOHN NICKLES, JR.: John Nickles, Jr., Southold Business Alliance. I would like to say that I understand everybody's concerns. ! think that the value of a moratorium, like Josh said, would be within the confines of developing a plan, developing a strategy that we would need. ! think as far as sub-divisions go you could put a six-month moratorium on them and ! don't think that it would affect anything. Because each sub-division, especially if it a major sub-division from what ! understand takes four or five or seven or eight years. So a moratorium is not going to stop somebody from putting an application in or thinking about putting an application in. Probably, it is going to actually make them think about doing it. Another thing that concerns me, is people talk about how the streets are changing 6/03/02 17 that there are vacant lots that everyone is building on, there are renovations and starting to build houses on these vacant lots. So unless they are going to talk about looking at these lots, too, not just the sub- division of the Town, looking at each one of these little lots that have been in existence for 40 or 50 years, I don't see the effect of the moratorium what I see is...inaudible...people are looking for time with a moratorium, I don't ..inaudible... six months or a year that the moratorium is going to be but everybody from...inaudible .... I don't think people could get subdivisions through in six-months. Thank-you. COUNCILMAN RICHTER: I think that part of the reasons that the moratorium was talked about today was not necessarily all about the way-that I gathered anyhow, about major and minor sub- divisions. The number of individual lots in the uniqueness in a lot of lots in Southold has recently come under pressure. Not too many years ago these unique lots would never have been sought after, one of the things that a developer, that the developers that are here are looking at our unique lots, our sensitive lots. I think that is part of that reason, not just major or minor sub-divisions. UNIDENTIFIED: I understand that you have sensitive lots there with wetlands, like a 5 or 6 acre lot..inaudible..I understand the need for that but how many lots are there like that? Inaudible ....I know a general idea.., about 2000 lots.., lots that are intermingled in legal sub-divisions that are COUNCILMAN ROMANELLI: I don't think that any Town Board member thinks that they are putting a moratorium on single, separate lots to be built on or additions put on houses. In the real world you know that is not going to happen. I think the approach that we are trying to take with the moratorium is it will give us time to adjust some of the rules in the sub-division, some of the rules in the code book in the code book for a sub-division where written in 1980-1974-1978, things have changed. To address how many houses would be laid out, about the amount of trees that you could cut, it will give us an opportunity to maybe incorporate affordable housing into it in a different manner, it will give us time to step back and what with the Planning Board, the Town Attorney's office and trying to make code changes and to get all the input that you are trying to get to do the right job, you meet once a week and every other week, you know what, you can't make all the right decisions on those bi-weekly or weekly meetings and go through the change of proofreading it and then going back out and proofreading it and bring it to the Town Board and any change good or bad that you tend to put into play, takes quite a while. And some of the rules, some of the rules we just don't have. They are not on the books. And we have to make them up in order to protect the Town. So that is what we are looking at. Without using a microscope and the pressure of getting it done for the next meeting and back and forth with all the Boards, you want to bring all the Boards together. Here the Planning Board and the Zoning Board and the Trustees complain..inaudible...that the Town Board, in fact Josh set the meeting for next Monday, and that meeting is set up for the Town Board, the Planning Board, the Trustees and the Zoning Board all to meet and I think that that is going to be the first time in all of my five years that all the Boards will be in one room to talk about all of the issues that we are throwing around here today, that the Blue-Ribbon has thrown around. SUPERVISOR HORTON: In stressing that remark in regards to the moratorium and what it would serve. I have seen, I've lived in the North-West, I've lived in the South, I've lived in the Gulf states and I've lived in the Midwest as well, and it is all together too important and I am actually speaking through you to the Board in a public forum here in regard to weighing in on a moratorium is that if you utilize in a way and enacted at the time when the Town Board will be able to make best use of that window of opportunity. And that is what I think that we really have to recognize because if you have a six month or a one year moratorium and the Town is not prepared to move over the course of that time, you lose valuable time and the discussion of moratorium on major sub-divisions is something that Tom and I and John and I have been having over the past couple of weeks in regard to where do we go from here. And how do we provide the breathing room to implement many of the ideas and possible code changes in the re-vamping of a good bunch of the sub-division code. So that is addressing your points there, John, not so much will it stop development but will it provide legislators time to legislate before there is no use for legislation in regard to land use. So that being said, this discussion that the Town Board was having today after Valerie and Bennie and their staff brought to the Town Board. RAY HUNTINGTON: In our dialogue we have talked about a chance to catch our breath, so this moratorium really can be a chance to catch our breath. We have to go flat out at the same rate that we are going now, but we also have to change our closing techniques so to make them effective. We can talk about this problem forever, we can talk about this need forever, but what we must do is find ways to wrestle this problem to the ground and put it to work and that is what has to occur on a flat out basis in the next six months. 6/03/02 18 COUNCILMAN WICKHAM: I would like to respond very briefly, I've heard a lot of comments tonight that is actually quite encouraging and warming to me in view of the work that the Town has been involved in since the Supervisor asked us to put together this Blue-Ribbon Commission and the work that we've done on it. I have several comments that I would like to make. First of all, a moratorium is the easy part, a moratorium simply says that there is going to be no development along these lines while the Town puts in place an upgraded zoning system. It is putting in place that upgraded zoning system that is the hard part. We have been working at it for almost six months now on the Blue-Ribbon Commission on just a narrow front. The front that we worked on is preservation of open space, of farmland and reducing the potential build out of people in this Town. Just that limited front, has proven to be really quite a lot on our platter. It is not easy to get agreement, the moratorium is the easy part-getting agreement, getting a sense of where we want to go and putting in place all of those things is not an easy matter. It will take considerable compromise and give and take among the different constituent interests in the Town. Second point I want to make is one that John Romanelli made a minute ago, this Town does not have a history of working smoothly together among the different offices in this Town. Just this morning, the Planning Board comes to us with a moratorium right out of the blue, that no other department in this Town had even heard of. Including the Supervisor and myself, that is a reflection of the lack of communication, the lack of working together closely. If the moratorium is going to do anything it is going to have to get the departments anda the units and the Boards of the Town working together. It has not been working together. Years ago, we had a Planning and Zoning Committee that attempted to do that, I can't say that that was terribly successful either. But the first step is to get the different organs working effectively together. The third point that I want to make, is that when you squeeze a corset or a balloon, things pop out elsewhere. What has happened, is Southampton and Riverhead both have moratoriums. Guess what is going to happen to Southold Town? Of course, the pressure is going to come here, so I think a moratorium was a question of time after Southampton and Riverhead put in their moratoriums. It is just a question of time if we are going to defend our on interests and the zoning matters that we have in front of us. The fourth point that I want to make, and the last on this subject, is there is one part which the Planning Board proposed to be excluded from a moratorium. It is a very important point and it is one that I think that the Town Board, I think all of us, are quite keen to allow it, to carry on as it has in the past. That is what we are calling Conservation Sub-divisions. What is a Conservation Sub- division? It is a sub-division of a piece of property where some 80% of the property is preserved forever. Preserved as farmland or open space. It can never be developed. They can't come back to the Planning Board and say that they want to sub-divide it. It is in perpetuity. Those kinds of developments, resulting in I believe that it is 70 or 80%, to be in perpetuity preserved would be excluded from the moratorium as an inducement or an encouragement for that kind of limited development with open space and farmland coming through. There has been some reference about the Blue-Ribbon Commission tonight and Ray Huntington made a good point about the importance of closure. I would like to tell people who are here tonight-tomorrow night's meeting of the Blue-Ribbon Commission has been cancelled. The reason that it has been cancelled is that we are approaching a closure exercise and that is the exercise that we will be conducting tomorrow, not an open meeting in which positions are being stated so the point of a closure is really very important. That is really all that I have to say but I am grateful and pleased to hear the interest and the commitment of the population of this Town for the direction that I think the whole Board is trying to go. KATHY TOLE: Thank-you for the time that you are spending on this. Six months is not enough. Inaudible...you are dealing with a very finite problem or issue or however you define it. Six months probably was not enough time for that to be addressed. Therefore, six months probably, arguably is not enough time to address this entire issue. So certainly if you were moving towards a moratorium you have to reasonably consider far beyond six months. A lot of people are going to be unhappy, I may be one of them but there are a lot of tough choices are going to have to be made with this whole process that you are looking at..inaudible. I don't know who mentioned about getting..inaudible.., and working out and getting everybody's opinion. .inaudible. . . it can't be done on this issue. I think that everybody that is here and everybody who attends the future meetings should recognize that there is not going to be a whole room of happy people when the final vote comes out on what the decisions are. You said something at the beginning, this Board and the citizens have to understand and have to be ready to accept what is here. That there are very tough decisions that go far beyond making individuals happy and individuality perks for everybody, that is about the future it is not about what is before you right now. My last comment would be this, you have the opportunity to create a national model. You should really carry that burden seriously. I would be very proud if this entire nation turns around and says that the Southold model is what we have to look at. Because they considered the 6/03/02 19 future and they did the right thing for the future. I urge you to consider that when you consider this entire issue. Thank-you. JOHN KENDALL: I was just going to say to the members of the audience and the Board, when you take on the responsibility or you take on the task of combating development and saving sensitive areas, wild life environment, etc., you are not taking on a short duration type of activity you are in that battle possibly for a great number of years. So ! would assume that all of us here that are interested in preserving environmentally sensitive areas with have to look forward to a long hard road. The moratorium if it were 12 months or longer would give us a chance to enact ..inaudible..but in addition to that if we are to preserve this Town we have to look forward to doing a lot of..inaudible..over a long period of time. ! would just like to say that ! am in approval. Thank-you. SUPERVISOR HORTON: Inaudible..is one of my confidants and advisors that take the time to call me at my office and come in to give me a piece of his mind. ! certainly appreciate it, thank-you. Would anybody else care to address the Board? PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Good Evening, ladies and gentlemen of the Board. ! am Peter Harris, Superintendent of Highways. ! am not up here to speak about the moratorium, ! am here to speak highway business. ! would like to know after the last Town Board meeting, the one that you held at the High School and there was an item on the agenda for a sign ordinance to be put in place for Pike Street for no parking during school hours and one young constituent got up and spoke against it and you put it on hold. ! would like to know when the next public hearing is going to be done and when this is going to be voted on. It is a very important issue for the residents who live in that area, ! have many phone calls from the Mattituck transportation coordinator, the fact that these young citizens who park their cars there because they are not allowed to park on school property because they are not members of the senior class whoever it has created a hardship on the residents on that street and also for the busses trying to make a turn onto that highway. ! totally understand, ! was a youngster and when ! had a car that ! took to school but the fact of the matter remains that either the school needs to give a lot more parking to accommodate these students or some type of legislation through the school needs to be ascertained but the fact that the needs of the citizens of the Town, when you can not back out of your driveway due to the fact that a car is parked right at the edge of your driveway on either side it creates a safety issue. SUPERVISOR HORTON: Do you want an answer? PETER HARRIS: Absolutely. SUPERVISOR HORTON: You have to admire the highway superintendent who is willing to sit through an entire Town Board meeting. Actually it wasn't held just because of a student speaking up, it was actually held in part for that reason and in part because there was a recommendation from a resident on that street as to how that can actually be improved so they discussed it today and at the next Town Board meeting we will set a public hearing for that. PETER HARRIS: ! would love to have input of anyone on that street, disagreeing with... SUPERVISOR HORTON: They didn't disagree. They actually thought of a way to make it more accommodating and accomplishing the same end goal. JUSTICE EVANS: They didn't want it to apply to the weekend hours. PETER HARRIS: So it was only during school hours. SUPERVISOR HORTON: So the way that the law was written we took it and revised it to reflect that it was just for during school hours. So we will have to set the public hearing for it again. That will be at the next Town Board meeting. PETER HARRIS: Let me know, there was a mistake made from my office because the, it was only supposed to only reflected during school days from 8:00 a.m. to 4:00 p.m. and Saturdays and Sundays or when school was not in session the parking wouldn't be there. SUPERVISOR HORTON: Well, we corrected it and will be setting a public hearing on it at the next Town Board meeting. 6/03/02 20 HOWARD ME1NEKE: It is sometimes said that a camel was a horse that was designed by a committee. ! think that we have to be careful about that. ! think that the work that Valerie did putting out the moratorium plans was excellent. And ! think that speed and coherence is served if more well thought input are put out there done by a few people. Committees tend to develop a paralysis and unable contemplation mode that continues with opposition and doesn't send anything out to have the pluses and minuses measured. So ! understand what you said but ! detected an aura of displeasure with Valerie putting that together and not telling anybody and sending it out and on the contrary, ! think that it is great to get something done and ! applaud her. SUPERVISOR HORTON: Would anybody else care to address the Board? Well, if that is it, ! can't thank you enough for attending the Board meeting and speaking up. Moved by Councilman Romanelli, seconded by Supervisor Horton, it was RESOLVED that this Town Board meeting be and hereby is adjourned at 9:10 P.M. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk