HomeMy WebLinkAboutTB-10/08/2002GENERAL MEETING
October 8, 2002
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on October 8, 2002 at the Southold Town
Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 with the Pledge of
Allegiance to the Flag.
Present:
Absent:
Councilman
Councilman
Councilman
Supervisor Joshua Y. Horton
Councilman William D. Moore
Craig A. Richter
John M. Romanelli
Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
Justice Louisa P. Evans
SUPERVISOR HORTON: Please rise and join with me in the Pledge to the Flag. Before we get
started, so that everyone is on the same page, most of you who are here have been here before. There
is a time to address the Town Board in regard to the printed agenda via the resolutions. If you would
like to address the Town Board on any of the printed resolutions, I will offer the floor to you to do so
prior to the reading and voting on the resolutions. I just ask that you use the microphones stationed at
the podiums on either side of the room and when addressing the Town Board, state your name and
place of residence. As well, if there is business that you have with the Town Board in regard to a
Town matter that is not on the printed agenda, there will be a portion of the meeting reserved after the
reading of the resolutions in which you will again be able to address the Town Board. We ask that you
limit your comments to five minutes to give everyone a chance to speak. As well, we have various
reports on file at the Town Clerk's Office, the Town Clerk's Office is open Monday through Friday,
8:00 till 4:00. Public Notices as well are available at the Town Clerk's Office. We have a letter to
Supervisor Horton from Ms. Greenfield, I don't have it with me but basically the letter said Thank-you
very much for the direction that the Town Board has given Town employee's in various departments to
receive wonderful treatment and an enormous amount of help from the Building Department, Tax
Assessors, Town Clerk's office and the Planning Department and my office. So hats off to those who
serve the public in Town Hall, the Town Board thanks you as well.
Moved by Councilman Romanelli, 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 $157,005.17; General Fund Part Town bills in the amount of $27,475.54; Highway
Fund Whole Town bills in the amount of $25,889.91, Highway Fund Part Town bills in the amount of
$32,238.11, Capital Projects Account bills in the amount of $8,250.00; Landfill Cap & Closure bills in
the amount of $550.00, New London Terminal Project bills in the amount of $20,139.07; Employee
Health Benefit Plan bills in the amount of $7,375.92; Fishers Island Ferry District bills in the amount
of $19,022.70; Refuse & Garbage District bills in the amount of $17,712.31; Southold Wastewater
District bills in the amount of $68,261.05; Southold Agency & Trust $8,130.52 and Fishers Island
Ferry District Agency & Trust bills in the amount of $866.15.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
10/08/02 2
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the minutes of the August 7, 2002 Town Board meeting on Fishers Island be
approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the minutes of the August 13, 2002 Town Board meeting be approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the minutes of the September 30, 2002 Special Town Board meeting be approved.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the next meeting of the Southold Town Board be Tuesday, October 22, 2002 at 1:00
P.M. at the Mattituck High School, Mattituck, New York.
SUPERVISOR HORTON: So that those of you who are here and those of you who are watching,
what we are doing is once every quarter hosting the Town Board meeting in a High School. We have
three High Schools on the mainland of Southold Town and we are hosting a Town Board meeting at
each of those High Schools over the course of the school year and what we are trying to do is give a
feel for the students in those various schools in our community a sense for how government works all
the way from the workings of the Town Board to running a meeting and the public process and the
legislative process. It went over very well in the Southold High School last May so we are continuing
on with that.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
i. REPORTS
1. Southold Animal Shelter - August 2002
2. Highway Department Inventory Report - through September 2002
3. Leave Time Summary Report - August 2002
4. Town of Southold Budget Report - through August 2002
5. Scavenger Waste Treatment Facility - September 2002
6. Town Clerk Monthly Report - September 2002
7. Recreation Department - September 2002
8. Southold Town Justice Court, Bruer - September 2002
9. Southold Town Justice Court, Evans - September 2002
10. Southold Town Justice Court, Price - September 2002
ii. PUBLIC NOTICES
1. NYS DEC Notice of Complete Application of Arthur Krieger to dredge 12' by 30' on either
side of an existing dock at 172 Sterling Street, Greenport. Written comments by October 25,
2002.
2. NYS DOT Designation of Restricted Highway in the Town of Southold and Village of
Greenport under Contract No. D259095: Front Street (Route 25) restricted from 6th Street to
Main Street, Main Street (Route 25) restricted from Front Street to Sterling Street. Restriction
expires December 31, 2003.
iii. COMMUNICATIONS
1. Letter to Supervisor Horton from Sophia Greenfield re services from town employees.
10/08/02 3
SUPERVISOR HORTON: At this point, we will offer the floor to anybody who would like to address
the Town Board on printed resolutions.
DICK MARSCHEAN: Dick Marschean, Southold. I would like you to explain the item #657, that
you wanted to adopt tonight, I would like to know the details.
COUNCILMAN WICKHAM: The Town Board has engaged three consultants, four consultants to
help us work our way through the various planning steps that we want to undertake during the
moratorium period. This morning during the work session that group of consultants appeared before
us and outlined a time table and a series of many steps that would be required to do that properly. The
purpose of it is really two-fold. The first is to get a data set in place in information. Definitions that
everybody understands and there is no argument about so that we have a solid set of data to work from.
The second purpose is to consider all reasonable alternatives to put in place to properly plan the future
of the Town. To do that we are not cherry-picking one particular solution or another rather, consider
all of them comprehensively and their interactions. To do that, we need a framework. The framework
that is proposed is the GElS the Generic Environmental Impact Statement framework and they propose
that we follow that framework, which includes a SEQRA review, to build a proper foundation for a
comprehensive set of planning steps that we would implement rather than just do one and then another
and another in a factionated sense.
SUPERVISOR HORTON: Just to follow that up a little bit, two more points on that to be exact Mr.
Marschean, is that the consultants that we are working with as well as legal staff and I believe upon
direction from the Town Board, the foundation that they are using for their implementation strategy or
initiative as is stated here is all of the studies and tools that have been stated over the years, basically
over the last 15 years, so that it is not dredging up entirely foreign concepts to Southold Town. Just
basically doing SEQRA review and GElS on the various planning tools that have been recommended
for the Town to use. Which is as well, in moving forward with any changes that the Town Board
makes, the legal process that we will have to undertake.
DICK MARSCHEAN: My only comment from what you are saying is that the Blue-Ribbon
Commission was supposed to do a good portion of this of what you just outlined, Mr. Wickham. The
thing is that so much so that you were supposed to have hamlet seminars after the Blue-Ribbon
Commission had finished a good portion of their work so that the people in the town would know
exactly what was going on in the Blue-Ribbon Commission. I find having a proposal such as this
being presented on the same day and being voted on in the same day doesn't give the people in this
town a feeling or good feeling as to who these people are and so forth. Because up until I saw this
resolution here in the latest agenda, it wasn't in this mornings 8:00 agenda because I picked up the
8:00 A.M. one. The thing is that I felt that most of this work was being done using Town people.
People in the town who work for the Town. Valerie and Melissa and so forth, who worked very hard
on the Blue-Ribbon Commission and were going to be probably one of the principal architects of
putting this thing through. In fact, I even asked you Mr. Horton, who your project manager was going
to be, that was going to run this thing. I didn't expect any one or both or all of you people on the Town
Board to act as project manager but I asked who was going to be the project manager that was going to
follow this thing in a diligent fashion. So I find this as being a very perfunctory thing to spring on the
Community here and vote on it without us not knowing any of the details, after having spent five or six
months listening to the pros and cons on the Blue-Ribbon Commission.
SUPERVISOR HORTON: Would anyone else on the Town Board care to address that?
COUNCILMAN MOORE: The GElS is a legal environmental review process. It is the framework
and a procedure. These professionals are going to give us the benefit of their knowledge and
experience out of their background. But they are using the existing studies, which include the Blue-
Ribbon Commission study. They are going to analyze the various options that we talked about. Up
zoning, RID, TDR's, you name it. Any other concepts, tools, all those things are on the table for them
to analyze because no matter what the Town Board does when the moratorium period is over, no
matter which course of action that we take, we have to analyze not only the one or two or three that we
choose to exercise but other options as well. This process and they are shepherding the process that we
have to do so they are not to do a new study, they are not to regurgitate, they are going to take what has
been done, all the work that has been done before. They have been working for six weeks already
trying to fine tune the work plan to get us through the moratorium so that actually work is being
accomplished through that period.
10/08/02 4
DICK MARSCHEAN: But according to, where were these people during the time of the Blue-Ribbon
Commission. They should have been invited to the meetings of the Blue-Ribbon Commission so we
all would have been on board with this thing.
COUNCILMAN WICKHAM: I would like to respond to that. I would like to think that the Blue-
Ribbon Commission actually did address all of the needs of planning but I really can't say that it did.
For example, the affordable housing issue is still out there and really not fully absorbed. Hardly
touched on during the Blue-Ribbon exercise. There are other aspects of planning in the Town. The
transportation, the public water aspect that we didn't really hit properly. We now have an opportunity
to comprehensively plan for the future. Taking the work of that Blue-Ribbon Commission but going
beyond it and more broadly.
SUPERVISOR HORTON: In regard to our in-house staff and Town Board members that are assigned
to monitoring the process to act as a liaison to the Town Board, Councilman Wickham and
Councilman Moore who are co-chairs of the Zoning and Planning Committee, actually worked with
this group and worked with our in-house staff of Valerie Scopaz and Melissa Spiro and Greg
Yakaboski and came up with this together to actually insure that as we move forward we will do so in
a legal fashion. To have our bases covered for using these planning tools. So Councilman Wickham
and Councilman Moore have been actually pleased with the responsiveness and the information that is
brought back to the Board thus far.
DICK MARSCHEAN: But the thing is, you people didn't go out for bid with this, did you? With
consultants, did you?
SUPERVISOR HORTON: No.
DICK MARSHEAN: Why not?
COUNCILMAN WICKHAM: Speaking for myself, we engaged the services one by one of people
who have had experience with the Town and or people who we have already asked to help get us
started. For example, we engaged the former Town Attorney of Southampton to help us on legal
matters connected with the Blue-Ribbon recommendations. She was already part of that process from
several months ago, she is a natural to join this team. We asked a planner to join us who has done
most of the environmental review work for the Town in recent years. He knows better than most of us
in the building, what is inside those volumes on the shelves in the planning department. They are not
having to start from scratch, they have the benefit of knowledge of the Town and its planning
documents. That is an enormous head start in terms of the work that is ahead of us.
DICK MARSCHEAN: A lot of people on this Board on prior subjects have made an issue out of
things not going out for competitive bids so, I have no problems with somebody doing what you have
done but I am just saying that this is contrary to what some other people on the Board have made
comments about. I ask a question as to whether this is also going to include the water situation in this
Town, in other words, all the utilities in this Town should be addressed, okay. And that includes even
the electrical, as far as the electrical goes. With the so-called extension of the line that is supposed to
come here that is on the South Shore it has been underground and all of the talk here is that the North
Shore is going to end up with an above ground extension of the electrics that are being forced out here.
Also, about the garbage situation here. You know, we have a little bit of tax here in this Town with the
bags being increased and nobody, not even the media, has even addressed this at all, I was surprised.
The price of the bags going up and I don't know if some of the people know why this occurred, as to
whether those people who are looking at the garbage scenario particularly if the solution that we have
right now in here where some of these states that are taking our garbage decide not to take it, what are
we going to do with our garbage? Is that going to be part of the situation? You say that you are going
to make it all encompassing...
COUNCILMAN WICKHAM: If it has an impact on build out, zoning, planning, population
transportation, yes. If it has to do with just methods of financing the removal of garbage, I am not sure
that it would.
DICK MARSCHEAN: What about the electric stuff?.
COUNCILMAN WICKHAM: Same thing. If it has an impact on people coming here and living and
building and housing and land use, then yes.
10/08/02 5
DICK MARSCHEAN: Well, we would like an answer to that. So is somebody going to do a study of
future load requirements, both industrial and...
SUPERVISOR HORTON: Actually, LIPA has taken that on their own as we speak. Do you have any
more questions about the printed agenda in regard to this? Would anyone else care to address the
Town Board on the printed agenda?
JOAN EGAN: Resolution # 638, these would be the same for all of these parades, these Halloween
parades. Myself, I think that there should be a complete moratorium on them for what has been going
on in the world. I don't think that you can provide enough protection for the children and the parents
who will be watching those parades. I don't think that my request or my warning will be heeded but
that will be on your conscience. #642, I spoke with Lt. Flatley and Chief Cochrans' secretary
yesterday in regard to Detective Sergeant Sinning and another officer over to Jersey. This will cost the
Town maybe $500-$800 to $1,000 for transportation, housing, food and the like. Again, I have
addressed this type of issue before. If they don't, at this time, know how to do gang control, I don't
think that they are going to learn it this time anyhow. I think that they can read, I think that they can
observe it, the meeting on television. I think that this is ridiculous because we do not have enough
police here now and at this particular time in the world and in our local communities with the crime
rate going up, up, up right Mr. Richter, I think that it is wrong to spend this money and to deprive us,
we citizens, of a police Sergeant and another officer. Okay? Now, let's see where we are. Oh, what is
this? #653, authorize modification to the Police Department and Bay Constable from their budget to
cover general supplies. That is a very interesting caption. General supplies. What comes under
general supplies?
SUPERVISOR HORTON: Law book appropriations.
JOAN EGAN: Pardon? What do you mean by that, Mr. Horton?
SUPERVISOR HORTON: An update of current shellfish codes and current DEC regulations and what
our Bay Constables would be required to enforce.
JOAN EGAN: I still don't quite understand what, what don't they have that you have to adjust their
budget for?
SUPERVISOR HORTON: This would be updated chronicles, updated information.
JOAN EGAN: That is all free. You can just get that stuff off the internet. Why do we have to spend
money for this? I mean, you know, the bus has to stop where we are spending this money and put it
where it should be. This is ridiculous. Would you agree?
SUPERVISOR HORTON: No.
JOAN EGAN: Then we will argue later. Thank-you very much.
SUPERVISOR HORTON: Would anyone else care to address the Town Board on the printed agenda?
MELANIE NORDEN: Melanie Norden, Greenport. With respect to #657, I was a little bit confused
regarding the response to some of Mr. Marscheans' questions. Do I take it then to understand that the
comprehensive working group will look at the wide variety of issues with respect to planning and
explore things like safety and health, fire, police, utilities and their use and take a look at the kind of
impact various groups and population over a particular amount of years may have on all sorts, on a
wide arc, of resources in the North Fork. Is that part of this planning initiative?
SUPERVISOR HORTON: The way that I will answer that question is, yes, that over the course of the
SEQRA review what they intend to do is completely bring up to date our GElS and in doing so that
will enable this working group and our in-house staff to completely run several different scenarios in
regard to possible build out at various zoning taxes that the Town has available. And as well, as a
portion of the SEQRA review all of those by State mandate are required to be looked at.
MELANIE NORDEN: But most of the SEQRA review process doesn't address such things as
community..
10/08/02 6
SUPERVISOR HORTON: The GEIS will.
MELANIE NORDEN: All of the resources that we mentioned?
SUPERVISOR HORTON: Yes.
MELANIE NORDEN: Okay, so we will have an idea for example, if the population grows by 50%
over the next 10 years, what kind of resources we will need in terms of local physicians, hospitals and
all of that. And all of those kinds of concerns will be documented by such a report?
SUPERVISOR HORTON: As far as physicians and hospitals, ! don't know the answer to that but as
far as what the Town is required to look at and provide, then yes.
MELANIE NORDEN: But there are all of the concerns regarding health, safety, environment, police,
traffic, fire, how many firemen we may need, how many policemen we may need. ! just really want a
sense of whether those kinds of resources and the impact on population growth and expanding
population on community and county resources will be explored as part of this planning process?
SUPERVISOR HORTON: ! think for the first time what we will have available to us is the
information that will enable any municipality or government agency to ascertain or even entertain
answering those questions. Basically, Melanie, that information for the first time will be available to
the County and the Town.
MELANIE NORDEN: And who will make that information available, in other words, is that the
information that the ....
SUPERVISOR HORTON: Everything that we are putting forward will be public.
MELANIE NORDEN: No, ! understand that but has this group actually been formally charged with
doing such an analysis?
SUPERVISOR HORTON: OP.
MELANIE NORDEN: Of fire, traffic, health, safety, police, environmental impact? In other words,
just in general ! would like to now if in fact the impact of growth on the various resources be they
educational or health, that they are available on a County or Municipal or Town basis will be explored
by this working group.
COUNCILMAN WICKHAM: Let me say that this is a new venture for me and I think for our whole
Board. ! am not sure that we can answer that question really definitively. What ! do understand and !
those of us who have had our exchange with the consultant this morning, was this will not be a new
report. We are not going to go out and do yet again another study. What we are going to do is use the
information that is already available, get a GIS system up and running on our computer so that we can
play out several scenarios and see what the impact is going to be on build-out, density, development,
traffic and the impact that public water and other factors that are external that are coming in here will
have. Now, the question of firefighters in the town. ! am not sure that that will be a central part of the
analysis that they do. It may be but ! am not sure that that will be central to the question of build-out,
zoning, land use and land preservation. It is a very important feature of our town but ! am not sure that
that will be a part of it.
MELANIE NORDEN: I am really not asking for a study to be recreated, I don't think that such
studies vis a vis the impact of population growth on the resources that ! have mentioned have ever
definitively or even remotely been done, so that we are not talking about reinventing the wheel, we are
actually talking about the varying information that actually informs intelligent and forthright future
planning. And if we haven't asked this coterie of professionals to do that, we might want to start with
some simple analysis of those very factors. Because there is no way that we can sustain any sort of
population growth or plan for the future without knowing what kind of resources we will have
available because those resources and their growth have to be planned as well. So there is no point in
singling out firemen or policemen, ! am just talking about the overall, overarching effect of population
growth on the resources in a Town or County. And those resources, how they stand today, how they
will grow tomorrow, has to be part of the integrals of planning steps that you have already outlined that
this group is going to take. And if you haven't asked them to undertake such studies or at least to look
10/08/02 7
at in a broad way, the kinds of resources we have available and what we will need for the future to
sustain such a population in those various areas, then I think that many of us would recommend that
you do. At least at as an initial step towards balanced planning.
COUNCILMAN WICKHAM: We will take that into account.
MELANIE NORDEN: Okay.
COUNCILMAN ROMANELLI: Ms. Norden, you do need to know that a good portion of this study is
going to be models of scenarios, which will take into account a lot of the avenues you are talking
about.
FRANK WILLS: Frank Will, Mattituck. I am addressing #651, which matters with the mitigation of
shoreline erosion in Mattituck Inlet. The question is, is that addressed to the Bailie Beach, basically to
the east of the Mattituck Jetty or includes the west, too?
SUPERVISOR HORTON: It extends beyond Bailie Beach, it actually encompasses the west and it is
actually in relation to furthering our section 111 study that is being conducted in a joint effort of NYS
DEC and Federal Agency, the Army Corps of Engineers, the Federal government has funded to date
$100,000 to do erosion mitigation study of the areas surrounding Mattituck Inlet. It is not Bailie Beach
specific, it includes areas to the west. As well, the Army Corps of Engineers wants this done to
address how sand is actually making its way, not east of the inlet but into the inlet because that is what
they are charged with maintaining.
FRANK WILLS: The reason that I am bringing this up, is the normal erosion on the North Shore is
one to two foot a year. When the Levon jetties where built back in the 1970's, the rate accelerated to
40 feet a year. I know it because I live on the bluff and as a result we lost our beach and I had to move
my house. The location that I am particularly interested in is, Coopers Rock, which is 4¼ of a mile west
to the west of Mattituck Inlet Jetty. About 8 years ago, at the foot of the bluff, another rock started to
appear. That rock now is totally exposed, it measures roughly 25 feet by 15 by 10 feet high. Which
means in the last eight years, the erosion rate in that area is 25 to 30 feet.
SUPERVISOR HORTON: This agreement is to ensure that NYS DEC can carry on its end of the
study.
FRANK WILLS: You mentioned the Corp of Engineers, they were the ones who authorized and
approved the construction of Levon Jetty, which was supposed to be for an industrial park but is a sand
mining operation because of the group that got together because of the erosion would force the
removal of that jetty. However, the bedrock of that jetty is still in place. It can be seen at low tide.
And my guess is that the erosion that we are encountering now to the west of the Mattituck Jetty where
it shouldn't be, is accelerated by the rock that was left there, I don't know why, and is still in place
there today. So I would urge you to in part of the study to see what the effect of that is and to possibly
remove those rocks.
VAL SHELBY: Val Shelby. Someone in the back wants to know, #637, the Tide group. What is
that?
SUPERVISOR HORTON: Basically, property owners to the west, due west of the landfill, what this
is allowing the Town to do is to tie into an existing fence and just basically gives us the legal ability to
tie into that fence and make it part of a contiguous fencing around the landfill area. It enables the
Town to do it better than what had been proposed.
VAL SHELBY: And #642. I agree with this young lady here about sending a Sergeant away for
training for a gang, as far as I know, the Cripps and the Bloods are not here yet and I think the money
could be spent better if they did some kind of training to keep drugs from the young people out here.
Drugs are running rampant in our community and I think that they need to go to that kind of training.
SUPERVISOR HORTON: Okay, thank-you Ms. Shelby.
NICHOLAS TSOUNIS: Nicholas Tsounis, Mattituck. I would like to talk about #650. I think that is a
grand idea to have a resolution for Archives week in the Town of Southold. Everybody, like the
museums and historical societies and all that, that keep archives in the Town of Southold. I think that
10/08/02 8
whoever thought of that idea, it is a great idea. I support it and I hope that when the vote comes up it
will be unanimous.
SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Town Board on the
printed agenda?
DICK MARSCHEAN: ! would like to add one thing since you think that we are going to vote on this
tonight, ! think it would be helpful for all the people in the audience to know what the contract is going
to be with these folks and what the schedule is going to be and how much it is going to cost at the
minimum.
SUPERVISOR HORTON: Certainly. When we go to the resolution, we will present that. As well, !
am going to propose to the Town Board that the information that we have before us should be posted
on the Town website which would be a very easy way to access information and the schedule for what
is proposed. It is very clearly defined and sketched out. We do have a public hearing at 5:05.
JOAN EGAN: Just one more question, ! noticed on that item the gentleman and Melanie spoke about
that not anyone of you nodded your head when she asked have any of you checked it out. ! know that
Mr. Horton does but ! don't think that Mr. Richter, Mr. Romanelli, Mr. Moore, Mr. Wickham and of
course, Mrs. Neville is excused and Mr. Yakaboski. ! don't see how you all appoint people, spend
money and why you wanted to be elected ! will never, ever know. Get out and walk the walk. Start
doing the talk, the talk. Stop spending the money, the money. It is our money, not yours. Spend it
wisely, it ain't going to come so easily. Thank-you.
SUPERVISOR HORTON: We do have a public hearing.
Moved by Supervisor Horton, seconded by Councilman Moore, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 5:10 P.M. for the purpose of
holding a public hearing on the matter of the Adoption of a Cable Franchise Agreement with
Cablevision.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
Meeting reconvened at 5:15 P.M.
#634
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget, as follows:
TO:
Revenues:
A.3089.65
Appropriations:
A. 1620.4.600.300
State Aid $ 7,500.00
"With You, Southold Can" Grant
Vote of the Town Board:
Buildings & Grounds, C.E. $ 7,500.00
"With You, Southold Can" Project
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#635
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
10/08/02 9
RESOLVED that the Town Board of the Town of Southold hereby dismisses the following five Part
Time Deckhands from employment effective August 1~ 2002~ as they have been off the payroll for
more than one season:
Kevin Gallagher
John Mark Kane
John Morgan
Thomas Rizzo
Daniel Rodriguez
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#636
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution #610 adopted
at the regular Town Board meeting September 24~ 2002, to read as follows:
WHEREAS the Southold Town Board has received a petition to amend the Zoning Map of the Town
of Southold by changing the Zoning District designation of SCTM# 1000-74-4-14.1 from Residential
(R-40) and Hamlet Business (HB) to Limited Business (LB) and Residential Office (Re); no therefor
be it
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of
the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold
will hold a public hearing on the aforesaid local law at the Mattituck High School, Main Road,
Mattituck, New York at 1:00 p.m, Tuesda¥~ October 22~ 2002. The purpose of this Local
Law is to change the Zoning District Designation of SCTM # 1000-74-4-14.1 from the
Residential (R-40) District and Hamlet Business (HB) District to the Limited Business (LB)
and Residential Office (Re) District Designations. The petitioner for this request is Darren
Skrezec. The property is approximately 3.9 acres located at the south side of Route 48,
Peconic, New York.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF
SeUTHeLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM# 1000-74-4-
14.1 FROM THE RESIDENTIAL (R-40) AND HAMLET BUSINESS (HB) TO LIMITED
BUSINESS (LB) AND RESIDENTIAL OFFICE (Re).
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#637
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to sign an Agreement between the Town of Southold and the Tide
Group, allowing the Town of Southold to tie into an existing chain link fence owned by the Tide
Group, running along the easterly boundary of the Recharge Basin, on the Map of North Fork
Industrial Park at Cutchogue, NY, as noted on the attached map as Exhibit A, subject to the approval
of the Town Attorney.
10/08/02 10
/
/
Exhibit A
MAP OF
NOR TH FOt~K /NDUS TRtAL PA FCK'
l-OWN OF SOUTHOLD
SUFFOLK COUNT~ N] [
~00 . ~ OT ~, Ot
Fence Tie
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#638
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
Oysterponds Union Free School District to use the following roads on Thursday, October 31,
2002 at approximately 1:15 P.M. for the Halloween Parade: Main Road, Village Lane, Orchard
Street and Tabor Lane provided they file with the Town Clerk a One Million Dollar Certificate of
Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior
to the event to coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#639
Moved by Councilman Moore, 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 purchase of (1) used SINGLE AXLE DUMP
TRUCK for use by the Southold Town Highway Department.
10/08/02 11
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#64O
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton to sign a contract between the Town of Southold and Civil Service
Employees Association (CSEA) with re~ard to Robert Neudeck and Island Group
Administrators.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#641
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of
Case's Lane, Cutcho~ue, on Saturday, October 5, 2002, between the hours of 9:00 a.m. and 5:00
p.m, as a safety precaution during the "Annual Harvest Fair of the East End Lions Club" held
on the Cutchogue Village Green, Cutchogue, New York, event previously approved by the Southold
Town Police Department and Certificate of Liability Insurance in the amount of One Million Dollars
filed in the Southold Town Clerk's Office.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#642
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective
Sergeant John Sinning and another officer to attend the Third Annual East Coast Gang Investigators
Association Training Conference commencing Monday, October 14 through Thursday, October 17,
2002, at the Clarion Hotel & Convention Center, Black Horse Pike, Egg Harbor Township, New
Jersey.
Registration fee is $200.00 ($100.00 per person), which includes continental breakfast each day, two
luncheons, breaks and conference related materials. Lodging is $180.00 (Special group rate of $60.00
per night/double occupancy). Additional costs would be for meals, tolls and gas. Travel to be by
department vehicle. These costs to be a legal charge to the Police Department Training line -
A.3120.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#643
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby promotes Christian Killam, Part
Time Deckhand, to the position of Full Time Freight Agent at a starting hourly wage of $14.10
effective October 7, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#644
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the CSEA Employee Benefit Fund to
provide for dental benefit for Town retirees, at no further cost to the Town.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED # 668 10/22/02
#645
10/08/02 12
Moved by Councilman Wickham, seconded by Councilman Romanelli, 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
Tuesday~ October 22~ 2002~ at 1:05 p.m. at Mattituck High School~ Main Road~ Mattituck~ New
York as the time and place for a public hearing for the purchase of development rights of
agricultural lands for a certain parcel of property owned by Henry and Helen Rutkoski.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#646
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute agreements with Bridgehampton National Bank~ Fleet
Bank~ North Fork Bank and Suffolk County National Bank to accommodate taxpayers making tax
payments at the bank's several local branches; said agreement subject to the approval of the Town
Attorney.
COUNCILMAN ROMANELLI: What this resolution is basically saying is that your tax bills, this
coming December, you can pay by mail and yes, you can come in here to the Tax Recievers' Office
and pay but you can also go to one of these local branches in town and pay your tax bill right in the
local branches. You will get a receipt just like you would get here in Town Hall, it was done as a
convenience.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
AMENDED #660 10/22/02
#647
Moved by Councilman Moore, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Stauouis as a
part-time Senior Citizen Aide II for the Adult Day Care Program at the Southold Town Human
Services Department, at a salary of St t .37 per hour, effective October 30, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#648
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
Cutchogue Fire Department to use the following roads on Wednesday~ October 31~ 2002 at
approximately 6:00 P.M. for the Halloween Parade: Main Road, Depot Lane, and New Suffolk
Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to
coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#649
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
Southold PTA to use the following roads on Wednesday~ October 31~ 2001 at approximately 4:00
P.M. for the Halloween Parade: Main Road, and Oaklawn Avenue provided they file with the Town
Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional
insured and notify Lt. Flatley ten (t0) days prior to the event to coordinate traffic.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#650
Moved by Councilman Richter, seconded by Councilman Wickham,
10/08/02 13
WHEREAS, archives help us anchor our rapidly changing society in the stream of time, document our
stewardship of the present, and remind us of our accountability to future generations, and
WHEREAS, archives are central to research and education, both now and in the future, and
WHEREAS, the archives of our governments protect the rights of citizens, support the effective
operation of government, and document the evolution of our democracy, and
WHEREAS, archives are essential to understanding the diversity of our society and the development
of our private and non-profit organizations, and
WHEREAS, the sound selection, preservation, accessibility, and broad use of archival records are
vital to the present and future citizens of the Town of Southold, and
WHEREAS, greater public awareness of archival conditions and increased support for archival
programs in the Town of Southold is urgently needed, and
WHEREAS, the second week in October is being celebrated statewide as NEW YORK ARCHIVES
WEEK; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby. PROCLAIM OCTOBER 6
through 12~ 2002 as "ARCHIVES WEEK" in the Town of Southold.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#651
HELD
SUPERVISOR HORTON: Councilman Moore, if I may interject. I apologize for doing so at this
meeting but our attorney, the counsel advises us to hold this one as there are some information from
the DEC that has come down this afternoon recommending us holding until that information is actually
clarified and where the Town will be obligated is also clarified. So we will hold that resolution.
#652
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York on the 30th day of July, 2002, a Local Law entitled, "A Local Law in Relation
to Private Warehousing and Public Warehousing in the General Business (B), Light Industrial
Park/Planned Office Park (Lie), and Light Industrial (LI) Districts of Chapter 100 of the Zoning Code
of the Town of Southold", now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
19TM day of November, 2002, at 8:00 p.m., at which time all interested persons will be given an
opportunity to be heard.
This proposed local law entitled, "A Local Law in Relation to Private Warehousing and Public
Warehousing in the General Business (B), Light Industrial Park/Planned Office Park (Lie), and Light
Industrial (LI) Districts of Chapter 100 of the Zoning Code of the Town of Southold", reads as
follows:
LOCAL LAW NO. 2002
A Local Law entitled "A Local Law in Relation to Private Warehousing and Public
Warehousing in the General Business (B), Light Industrial Park of Chapter 100 of the Zoning Code of
the Town of Southold".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. PURPOSE- To clarify the use known as "warehouses" as set forth in the General Business (B),
Light Industrial Park/Planned Office Park (Lie), and Light Industrial (LI) Zoning Districts. The Town
Board, by this amendment, does not attempt to change the definition of the term "warehouses", but
intends to clearly state that the term "warehouses" includes both Public Warehousing and Private
Warehousing as set forth and defined in Section 100-13 "Definitions" of the Town of Southold Zoning
Code.
II. Chapter 100 of the Zoning Code of the Town of Southold is hereby amended as follows:
1. Article X General Business (B) District
§100-101A
(3)Wholesale businesses, vaamhouses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
2. Article XIII Light Industrial Park/Planned Office Park (Lie) District
§100-131A
(3)Wholesale businesses, v,~tmhouses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
3. Article XIV Light Industrial (LI) District
10/08/02 14
§100-141A
(3)Wholesale businesses, v~qmuses private warehousing and public warehousing, and
building material storage and sale, but excluding storage of coal, coke, fuel oil or junk.
III. SEVERABILITY
If any clause~ sentence~ paragraph~ sectiom or part of this Local Law shall be adiudged by
any court of competent iurisdiction to be invalid~ the iudgment shall not effect the validity of this
law as a whole or any part thereof other than the part so decided to be unconstitutional or
invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Strike through represents deletion.
Underline represents insertion.
COUNCILMAN ROMANELLI: We are clarifying a definition in those three zones that was causing
some problems between the Zoning Board and the Building Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#653
Moved by Councilman Wickham, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police Department
and Bay Constable 2002 budget, as follows: TO:
Revenues:
General Supplies
A.3130.4.100.100
Appropriations:
A.3120.4.100.125
Vote of the Town Board:
Law Book Publications
Aye: Councilman Wickham,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
$154.48
$154.48
Councilman Richter, Councilman Romanelli,
#654
Moved by Councilman Richter, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the Opinion of the Board
of Ethics as to whether Bay Constables should be permitted to participate in the local fishing and
lobster occupations while being the enforcement agency for these activities. Opinion in its'
entirety dated July 24, 2002 and clarification of same dated September 23, 2002 are as follows:
REPORT OF THE ETHICS BOARD OF THE TOWN OF SOUTHOLD
Facts: The Ethics Board received a communication from a local Commercial lobsterman to the
effect that one of the Town's Bay Constables was actively engaged in exercising the privileges of
participating in the local fishing and lobster occupations while at the same time being the enforcement
agent for these activities.
Question: The question was put before the Ethics Board whether this was appropriate conduct by a
bay constable and did it constitute conflict of interest.
Decision: The complainant appeared before the Ethics Board and gave testimony to support the
allegations in his complaint.
Reference to the Ethics Code of the Town of Southold specifically states in
Article II, Section 10-3:
"Town officials and employees must exercise their official duties solely in the
public's interest and must avoid conflicts of interest or the appearance of conflicts of interest to the
greatest extent possible."
Section 10-4 of the Ethics Code of the Town of Southold continues:
"Town officials and employees shall not knowingly acquire, solicit, negotiate for
or accept any interest, employment or other thing of value which would put them in violation of this
Code of Ethics"
Relying upon the facts as presented in this case this Ethics Board concludes that a
conflict of interest exists since there is an obvious conflict here between one's obligation to the public
good (i.e. serving as a Bay Constable) and one's own self-interest (i.e. engaging in a for profit fishing
and lobster business). An active commercial fisherman and lobsterman cannot compete with his fellow
active fishermen and lobstermen and at the same time be the enforcement officer for violations of the
fisheries laws.
Among the testimony of the complainant was the obvious fact that the New York
10/08/02 15
State Department of Environmental Conservation does not permit the holder of a commercial shellfish
diggers permit (which allegedly the Bay Constable in question possesses) to conduct water quality
samplings which Southold Town must do for a conditional shell-fish area program to be allowed.
The complainant also stated that the Bay Constable in question and his wife
Both possess fishing licenses.
Accordingly, after a review of all of the testimony presented, it is the unanimous
decision of the Ethics Board that a blatant conflict of interest exists and that the conduct complained of
is certainly not appropriate and should cease.
The Ethics Board respectfully recommends to the Town Board that it take
immediate and proper steps to curtail the practices described.
SUPERVISOR HORTON: To clarify that, the Board of Ethics has rendered its opinion and basically
states that a law enforcement agent, in this case a Bay Constable, cannot engage in commercial fishing
activities within the waters that he or she is presiding over and enforces laws there within.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore,
Supervisor Horton. No: Councilman Romanelli.
This resolution was duly ADOPTED.
#655
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby suspends without pay for thirty
days the town employee against whom disciplinary charges have been filed effective upon service
of the charges.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#656
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Valerie Marvin as the
hearing officer in the matter of the disciplinary proceedings against a town employee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#657
Moved by Councilman Wickham, seconded by Councilman Moore,
WHEREAS, on July 30,2002 the Town Board adopted Local Law No. 3 imposing a 6-month
moratorium on the processing, review, and determination of certain land use applications; and
WHEREAS, the Town Board, in conjunction with the Town Attorney, Town Planner, and Community
Preservation Land Coordinator has assembled a team of experts "the consultant team") to assist in the
development of necessary initiatives to achieve the Town's goals as set forth in Local Law; and
WHEREAS, the Town Board has reviewed a "Moratorium Planning and Implementation Initiative"
dated October 8, 2002 prepared by the consultant team and finds that it is in the best interests of the
Town to move forward with the recommendations in the document;
NOW, THEREFORE, BE IT RESOLVED, the Board adopts the "Moratorium Planning and
Implementation Initiative" dated October 8, 2002 at a cost of $170,665.00
SUPERVISOR HORTON: And over the discussion portion of this, Tom why don't you give us a
synopsis of what is drafted here in the information that we have. There has been a fair amount of
interest.
COUNCILMAN WICKHAM: I have been asked to summarize briefly what is actually quite a lot of
information. The Town has adopted goals for many years. Those goals call for the preservation of the
rural quality of this Town. More recently we tried to quantify that. To preserve at least 80% of open
space, preserve at least 80% of our existing farmland and when I say preserve, it means preserve
forever from development and also at the same time to achieve at least a 60% reduction in the density
that potential number of people that would live here. The particular goals that are broken down in this
document dated October 8, the Moratorium Planning Initiative, includes preserving farmland and
agriculture, preserving rural and cultural qualities, preserving the natural environment, preserving open
space and recreation. Serving the housing and business needs of our town, providing appropriate
growth regulation, considering transportation needs and limitations, providing the necessary
infrastructure. Also there may be some additional concern about how the Town will carry out these
regulatory activities within the Towns' offices here. To do that, a schedule has been established. Which
if it is carried out exactly, it is one of these timesheets, time line sheets and the final end of this process
10/08/02 16
is just over nine months from now. The last step that is listed here is to prepare and adopt a statement
of findings on a GELS. It is broken down into three primary steps, four primary steps. The first one
being legal and planning strategic analysis phase and that is to identify the information that we need, to
get our Geographic Information System GIS up to speed, meet with the Suffolk County Department of
Health Services and the Water Authority and meet with various Town Committees and Boards. When
that phase is finished, we have an inventory phase. Prepare the data, the maps, the natural
environment, the natural resource information, a build-out analysis and modeling and identify the tools
necessary to implement those things. The next phase is the analytic phase. Research, summarize,
troubleshoot those planning tools. Test the build-out scenarios and analyze the various elements that
will go into it, draft an action plan and then begin a coordinating review under SEQRA and then
finalize the planning tools and the recommendations of the team. And the last part of this exercise is a
generic environmental impact statement phase. Use the action plan, inventory and analysis to prepare
the GELS. The Town Board would assume the lead agency, we would issue determination and accept
the GELS. There would be a minimum 30 day comment period, there would be public hearings held
throughout the Town finally, we would prepare the final environmental impact statement. That is
more or less what is planned. There would be a team of outside experts to assist our working group in
the town. The Town Board would take the lead in this and the public would have ample opportunity to
be heard at several stages in this process.
SUPERVISOR HORTON: Which I think that the entire Board understands and why the Board feels
that this is important is that this is the process that we would have to go through to implement any of
the tools that the Town has been looking at. This is a requirement in the whole process that we are
embarking on. So actually, we are getting started posthaste on that.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#658
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Lori Mclver~ cook at the Human Resource Center~ effective October 4~ 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
#659
Moved by Councilman Moore, seconded by Councilman Romanelli,
WHEREAS, The Town Board of the Town of Southold entered a Franchise Agreement with CSC
Acquisition - NY, Inc. (Cablevision) which was subsequently confirmed by New York State; and
WHEREAS, said franchise has expired and Cablevision is operating under temporary authority from
the New York State Public Service Commission while renewal was being negotiated; and
WHEREAS, on October 8, 2002, the Town Board of the Town of $outhold held a public hearing
affording due process to review the application and the terms of the proposed Franchise Agreement;
and
WHEREAS, the agreement complies with the standards of the New York State Public Service
Commission and will be submitted to that agency for formal certification, now, therefore, be it
RESOLVED, that the Town Board of the Town of Southold grants a non-exclusive cable television
franchise to Cablevisiou and authorizes the Town Supervisor Joshua Y. Horton to execute such
agreement with it as approved by the Town Attorney, and be it
FURTHER RESOLVED that the Town Attorney shall coordinate with Cablevisiou to file the
franchise certification application with the New York State Public Service Commission for its
approval.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the reading and the voting on the printed resolutions in this
meeting. At this point, we offer the floor to members of the community who would like to address the
Town Board.
VAL SHELBY: I would like to take the time to address the Board about the people on Church Lane. I
have some concerns about what is going on there. I am concerned about, I am sorry-I am kind of
emotional, at the beginning when you opened the Board, you said the Pledge of Allegiance and part of
10/08/02 17
that Pledge is liberty and justice for all. And I am wondering if it is for the people of a lighter hue,
than the people of Church Lane. And one of the things that I am concerned about is chemical
contaminants, if chlorine gets into the water supply it can hurt your heart and it has been linked to
causing cancer. What about the airborne particles? That can hurt the respiratory system, your eye
membranes. I am just concerned about contaminants in the air. After 9-11, we were all concerned
about smallpox and we were concerned about whether we were going to have to wear the gas masks
and here we are allowing contaminants to come into our area, just willingly. Years ago, we let them
potato storage things, potatoes don't hurt anybody but the pesticides did. We can't drink the water
now. So what is going to happen later? I am really concerned about the chemicals that we are
allowing to come into our community. I think that we all should be concerned about that. It is
justifiable. We don't know what is going to happen down the line. A truck could spill over. There is
only one way in and out of this town. How are we all going to evacuate? I am concerned about that.
Thank-you for your time.
THERESA TAYLOR: I am Theresa Taylor, from Cutchogue. I would like to add my concerns to Ms.
Shelby's. Another concern that arises if there is an industrial building built behind that community is
that it will be a traffic hotspot. There are children who live in that community. We don't need any
additional traffic in a place that is already deserving of one of those black dots, coming in and out of
that dump is always an adventure. That is one area of concern. I noticed that resolution #636
scheduled a hearing to change zoning somewhere. I realize, that makes clear to me anyway, that you
have the power to change zoning. I ask again that you consider the change of zoning for that
community next to the dump from light industrial to residential and as well, for the parcel behind it
that is light industrial and has always been and change that to residential as well. So that there will
never be an industrial building back there. Thank-you very much.
VIOLA CROSS: My name is Viola Cross and I live in Cutchogue in the hamlet behind the church,
First Baptist Church. We stand before you representing the Anti-Bias Task Force of Southold and
many, many people of all groups from Southold Township. Frankly, we stand before you and I am
truly astonished that all except for the Town Supervisor, the entire Southold Town Board has
completely disregarded the well-being of the people who live in the hamlet around Church Lane. As
well as the concerns of a large number of constituents all around Southold Town regarding the
imposing and unfair re-zoning of this hamlets residential homes from residential agricultural to light
industrial.
CAROL1NE PEABODY: My name is Caroline Peabody and I live in Orient Point. We are frankly so
astonished that the Board has made no offer, has had no idea and suggested no compromise other than
agreeing to install fencing and appropriate drainage, that should have been installed many years ago.
And we are so appalled that the Town Board has, by inaction, committed itself to continuing the
historic legacy of racial disrespect and environmental racism that is well-known and well-documented
in the most recent issue of the Suffolk Times. So therefore, we stand before you speechless at your in-
action.
SUPERVISOR HORTON: The issue is not going to go away and it is an issue that stops here. It has
got to begin here as well.
ROBERT FEAGER: My name is Robert Feager and I live in Cutchogue.
that I was told that this Town Board authorized, it is a study by Nelson,
correct in saying that you people authorized this study?
In my hand I have a study
Pope, Voorhis LLC. Am I
COUNCILMAN WICKHAM: We don't know what it is.
SUPERVISOR HORTON: Yes, you are correct.
ROBERT FEAGER: You never received a copy of this study.
SUPERVISOR HORTON: Yes.
COUNCILMAN WICKHAM: You would have to describe it.
ROBERT FEAGER: It is prepared for the Town Board for the Town of Southold, it is by Nelson,
Pope and Voorhis LLC, it is dated August 26th and it is titled "The Cutchogue Industrial Area Planning
Study". There is very little question in my mind that every Town Board member has this study. I am
10/08/02 18
unclear and I wish you would help me to understand how you could possibly have made the decision
that you made when you authorized the study and then with comments in their like 'expect that the
future potential uses would expect to see variances to construct buildings and uses on lots smaller in
size than intended by zoning, though this results in less attractive piecemeal industrial development
with inadequate buffers potentially inadequate parking and access constraints' and our own Town
Police Chief has designated that area as a traffic hotspot. The future expansion of industrial
development through the study area may have a negative impact on the residential use of property
within the core. Noise, traffic and other factors associated with industrial activities may undermine the
residential value of subject properties. Some action must be taken to remedy a potential land use
conflict. I have this thing highlighted with 25 reasons not to do what you are allowing to be done. I
don't understand it. I have not heard this myself but I am passionate about this. I actually heard that a
Town Board member recommended that we move people. Excuse me. You can't move people. You
cannot move people out of their houses and it is you job as Town Board members to respect these
people and to protect them.
COUNCILMAN ROMANELLI: I would like to say, Mr. Feager, there are a number of studies out
there that I would be more than happy to give to you or any other member going back to 1989 to the
Master Plan and since then that that area of Town was designated, not just that block now so let's all
look at the whole rational picture-not just Church Lane but the whole area that goes from Depot Lane
to Cox Lane, was changed to a light industrial use with the sole thinking and the planning purpose
behind it and the studies to go along with them that I could highlight and hand to you also that go on
to say that that area of the Town was zoned that way because the Landfill was there, the Landfill was
never going anywhere. We are stuck with that piece of land forever. It is also on the busiest road in
Southold Town. So that whole block between Depot and Cox, all the way up to Oregon and around, is
a light industrial use. I will say that this is an emotional subject but there was no racism and you guys
all say what you want.
ROBERT FEAGER: I never mentioned that word. I never mentioned that word.
COUNCILMAN ROMANELLI: No, you didn't that is correct. But this is a planning issue that goes,
that has been going on for over a decade. This area and again, it is not just Church Lane that has been
zoned Light Industrial. It is Cox Lane, it's Depot Lane and Oregon Road. That whole block that is set
up that way. So again, I will get you studies that will show you why it was done.
ROBERT FEAGER: You authorized this study, this study references your 1989 studies. It deals with
those issues. You have the power to make this change. You have the authority to make this change. I
sat at the Zoning Board of Appeals meeting the other night and recognized that these people are going
to look at an industrial building. I listened to an appeal that has been heard over and over again about
somebody that wants to build earth tone fence. Well, you are not going to put an earth tone fence in
front of these people. They have been faced with the dump for as long as the dump has been opened.
You have all driven to the dump, you have seen the garbage, you have seen the paper bags, you have
seen the plastic that litters their community-over and over again. Now the dump is closed. You have
the opportunity to deal with this in a human manner. This is not an issue of industrial versus light
zoning or whatever name you want to call it. I ask you to deal with this with your humanity. I don't
ask you to deal with this with anything else but your respect for these people and your ability to do
what is right for the people who live in this community. And if you put an industrial building where,
you know, they are going to get it. They are going to get the building back there if you don't do
something about it. The Zoning Board could turn down a variance request, I can't believe that they
would even address a variance request. I mean, why allow.., if you are going to shove an industrial
building down these peoples throats, then it should be the smallest industrial building in the history of
the world.
COUNCILMAN ROMANELLI: The dump is not closed. The dump is capped. No garbage has been
burned back there now for almost eight to ten years. So the facility at the dump is really staying the
way it has been. It is a transfer station. The same amount of traffic is going to go in and out of there.
ROBERT FEAGER: Why add more traffic to it then? Why add more traffic?
COUNCILMAN ROMANELLI: I questioned the logic that if it was kept solely residential that is that
the prime spot for a residential neighborhood in town? Should we just force...
ROBERT FEAGER: That is where they live. It is not a prime spot. You don't live there.
10/08/02 19
COUNCILMAN ROMANELLI: I understand that. But by making it solely residential, in my mind,
we are forcing the only thing that could be around. This dump is not closing. Will be residential. And
from a sound planning standpoint, really the logic isn't there.
ROBERT FEAGER: John, your argument is less than convincing.
COUNCILMAN ROMANELLI: I could say the same.
ROBERT FEAGER: It is going to stay the same.
COUNCILMAN ROMANELLI: I say the same about your argument. Less than convincing.
ROBERT FEAGER: I have the study, I have the recommendation from the people that you hired to do
this.
COUNCILMAN ROMANELLI: I have a study from our own Planning Board.
ROBERT FEAGER: Then let's address it. You hired these people because you thought they were the
best people. You hired professionals to do a job for you.
COUNCILMAN ROMANELLI: And we have other studies that say differently.
ROBERT FEAGER: Where are they? Show me.
COUNCILMAN ROMANELLI: I would be more than happy to get them to you. I will make sure that
you get them.
ROBERT FEAGER: I would certainly appreciate it. Are they as recent as this?
COUNCILMAN ROMANELLI: No.
ROBERT FEAGER: Oh, really. This is the latest study?
COUNCILMAN ROMANELLI: The one from our own Planning Department is about one month old.
So I can give you that one also.
ROBERT FEAGER: Use your humanity. Sometimes it works better than you're told.
THERESA PRINGLE: I am Theresa Pringle. I came the other night and it is so emotional, I just can't
get over this. How you can just sit there and act like you don't know what is going on. I feel really
sorry for you because I just want you to go up there and just spend one night. See how she feels and
how everybody else feels. And have you ever seen anybody dying from cancer? Well, I have. My
father died from cancer and I don't know what else my mother died from but I lost both of them. And I
am not going to stand here and see somebody else die from cancer and anything else. I can't get over
you all. I voted for you all. I feel sorry for you. Can you live there? Would you want her to move in
with you while you straighten all this out? Well, let her have her home. Let everybody else have
peace.
COUNCILMAN ROMANELLI: She can stay in her home.
THERESA PRINGLE: To see another building or whatever come up and that get in the water and that
can explode.
COUNCILMAN ROMANELLI: What is going to explode?
THERESA PRINGLE: The chemicals, chlorine. I feel sorry for you all and it is a shame that
somebody voted for you all. It is a shame. And you are all making this Town look so bad. Please
make up your mind today. Get it together. Or else there is going to be a lot of problems with you ali's
sleep.
10/08/02 20
EVELYN ALL1NGO: I am Evelyn Allingo and I was born and raised in Southold. If you are sitting
up there, Mr. Romanelli, and saying that there is no bias or racial, you ought to hang you head in
shame. ! am going to tell you. Because when ! left here in 1944 because ! wanted to better myself with
a job, ! left here. When ! returned here in the 1970's, ! could buy a house here in Southold because
they saw my color. And they didn't want to sell me a house here and they wanted to send me down to
Yennecott Park where ! two brothers down there already. ! wanted to know if this was the only land
that they had in Southold that was available. So ! hid myself and somebody did the walking for me
and now ! am in another location. But don't tell me that there is no prejudice here. ! don't know how
you could say it.
COUNCILMAN ROMANELLI: I just want to clarify. I am not talking about prejudice years past in
the 1930's and 1940's. That is not what ! am speaking about. ! am speaking about what is currently
right now. ! am speaking about right now and my feeling...
EVELYN ALL1NGO: ! am talking about right now, too. It has not changed and ! wish it was. Just
like the young lady said. When we stand up and say the Pledge of Allegiance and then we say
'freedom and justice for all' ! am saying, where is our justice? How many years do we have to wait?
And let me tell you another thing, up there at that dump it is not as bad as it was when they were
throwing all the garbage there. It is being covered. But still we do not want a warehouse there in the
midst of that hamlet. ! think that it is very bad and ! think that you Councilmen and the young lady are
letting us down, ! must say.
COUNCILMAN RICHTER: ! need to chime in here because this is getting...! have to put my
thoughts back out there. ! know quite a few of you sitting out there right now. And quite frankly, it
would be the easy way out for this Board to turn around and change to residential. ! think that the area
when it was designated light industrial, light industrial office back in 1989 was the correct assumption.
Studies were done. It makes sense for around the landfill not to put residential homes. Even though
there were residential homes there. It does not make sense to me. ! would change my mind if
somebody could tell me a good solid reason why it should be residential.
SUPERVISOR HORTON: ! will give you the reason.
COUNCILMAN RICHTER: You need to let me finish, please. That area with the pool company that
you are talking about that is going back in there, ! hear that the trucks may spill over, the chemicals
may get into the groundwater and so forth. A couple of things have happened. One is, this pool
company is not a chemical company coming from some large organization. Gene Chituk has, ! think,
two employees. It is a very small pool company, if he chooses to move.
UNIDENTIFIED AUDIENCE MEMBER: He already told us that he is going to put at least five
trucks in that building. If he has two employees, you know...
COUNCILMAN RICHTER: The area that is around there is a hot spot for traffic. One of the things
that we looked at is the different entrance or exits from the landfill that is there now. Because what is
there now has had a number of accidents, so there are some things that we are looking at to try to
relieve part of that. When you talk about racism and being biased, ! know that there are a few of you
out there that know me and ! have not, please let me finish, the last thing that ! am, the last thing that !
am is a racist. ! live my life that way and ! am very proud of it. Please let me finish, do not interrupt.
What ! have seen with discussions on this Board have been legitimate discussions. Have been reasons
why we are doing or not doing what we are doing. It would be very simple to go back to residential, it
is inappropriate. It is just an inappropriate area to be residential. When you say to me that that whole
community and please, ! am not looking for arguments here, ! am telling you facts that ! know. If they
are different, you need to tell me that. When we met at the church for the round table discussion that
we had a month or month and a half ago, there was a number of residents in that area that do not want
their zone changed to residential. ! didn't look at color when ! heard that... ! was there, right.
MERLE LEV1NE: It is not the issue that they are white, it is that they bought in after it was zoned
light industrial so that they can profit.
COUNCILMAN RICHTER: ! am sure that they did.
10/08/02 21
MERLE LEV1NE: Once again, the issue is that the area is going to be benefiting one group and one
group is essentially saying that by planning in a rational way, through planning to essentially move out
all the people who have residences there. That is what the implication is that you are saying.
COUNCILMAN RICHTER: I don't believe that.
MERLE LEV1NE: Otherwise you are disregarding the fact that there are residences there.
COUNCILMAN RICHTER: We are not disregarding that there are residences there. Is there some
things that the Town should have done to be more respectful of the neighbors in that area? Yes, !
believe so. ! believe that the drainage, the fencing, the capping of the landfill, those are all positive
steps. If we can move the exit from the landfill, to another area, that is a positive effect for the people
of Southold. But to me, to change that to residential, ! just don't believe that that is right. ! am not a
racist. ! don't know what else to say.
MERLE LEV1NE: ! think that the heartbreaking thing for us here is that as we listen to your
explanations, they pay no attention to the humanity of people who happen to be living at that area.
When you explain that it makes sense to have it changed from a residential zoning to an industrial
zoning because there was a dump, it ignores the fact that when the 1989 zoning was made, they
ignored the fact that people where living there. We did come to you and say that there is a
compromise. Perhaps one of the ways that one could work this out would be to change the zoning to
office residential and that would at least preserve the area in ways that are more comfortable. That is
one possibility and you said that you would consider that but evidently you considered it no. To have a
pool company, however he says that he is building it, in the midst of their community is an affront to
people who are living there and to explain to them and to all of us that it makes sense because there is a
dump and there is a dump because it was dumped on people, when it was a residential place is so
unbelievable inhumane. That when you say that you are not racist, ! believe that you believe that. But
when we present the whole litany of things that have happened to the people in the hamlet and you
persist in saying that it makes sense to change it, well there are some things that probably make sense
but if they make sense at the expense of human beings, there must be some kind of higher law that
even you as Board members must be willing to pay attention to.
ROBERT FEAGER: ! think that we have to stop talking about it as a pool company because it will
only be a pool company for as long as or if Mr. Chituk decides to buy the property and build it. Then
it will be a pool company for as long as he owns it. There is no covenant that says it will be a pool
company. It could be anything. It could become anything. Right now it is a request for a 4,000 square
foot building that could turn into anything. So to say that it is only a pool company and that there are
only going to be some chemicals, it is not a storage facility, it is not a transfer warehouse. There is
nothing to prevents, from the day after that building is being built, for it to be sold and turn into
anything and we don't know what the impact of that will be on that community.
SUPERVISOR HORTON: ! used to move oil for a living. Let me tell you where they put oil
terminals, they put oil terminals in East Boston, in Trenton, in Marcus Hooks, South Phildelphia, they
put them in Fresh Kills, they put them in Bayonne, New Jersey, they put them in Back Bay, San
Francisco. They put them in the midst of poor neighborhoods, black, white, regardless of the color. It
is a basic dysfunction of government and extension of federal government down to the municipal level.
What we are faced with right here. ! have moved oil from industrial wasteland to industrial wasteland.
And those industrial wastelands are smack dab in the middle of longstanding, low-income
neighborhoods. We have to remove the blacks, the whites. What we have to look at is what this Town
wants. Does this Town want to see that neighborhood, to see our people, moved out of their homes? It
is not a pool company, it is not Ms. Cross. What it is, is in the long term, a neighborhood has been
there since 1921, as far back as best we can register. That neighborhood has lived there, made their
homes there, laid their heads to rest there and now in 1989 the Town Board said that it is no longer
suitable because somebody with a planning textbook says so. Well, ! have news for you. It is not a
planning textbook that should shape policy that reflects on our level of humanity and the quality of life
for people. Sometimes we have to stray away from our planning textbooks and think with our hearts,
think with our minds and go to sleep with the issue. That is what we have to do. You have to look
beyond Mr. Chituk and a pool company. You have to look beyond the landfill there. What you are
talking about, take the landfill away. Take Mr. Chituk away. What you are talking about 5.74 acres
where there are 10 homes, where people live in them and the Town Board is saying yes, that is where
we should have industrial facilities. ! have news for you, people live there. It would be one thing if it
was vacant property. It is not vacant property. Those are not vacant lots. And they don't deserve to
10/08/02 22
be treated like hollow, vacant lots. And the bottom line, the basic dysfunction that we are dealing with
right now is that this Town Board would not even send it to a public hearing, which robbed the people
of the democratic process. And that is right now, what the Town Board has to be ashamed of. The
democratic process was kicked right to the curb because it didn't suit the needs of this Board.
GWENDOLYN MARTIN: My grandchildren live there and they put up with the stink by the dump
for many years. And now we are going to bring, to build there a big building that we don't want it.
They are not moving from there. They are going to stay there. Thank-you.
VAL SHELBY: I really want to make a statement about the chemicals. Just because it is right there
and I want to clear this up. I am a small business owner, a minority business owner and I am happy
that Mr. Chituk has a booming business. We need industry on this end of the Island. We need to
create jobs but what I am concerned about is chemicals. I really am. I am concerned about what is
going to spill in the ground there. Because if it spills there, it is the trickle down effect. It is eventually
going to get into your water. And it has been linked to causing heart disease and cancer. And Suffolk
County has the highest rate of cancer here. I don't what is so hard about getting that through your
heads? Why bring chemicals here? There are other industries that could come here. Even if you don't
change it, I don't think that that should be here. And you talk about racism? Where is our 40 acres
and a mule? Tell me that. Where is that at?
CHARLENE EDWARDS: In Greenport, we grew up there, born and raised there. The dump used to
be in Greenport. Up on Third. You know what they used to call that street? Cinnamon Street. We
got labeled so many times but we kept our heads up. We don't want to be labeled no more. We want
to live clean, healthy lives just like you guys. And it is not fair, when you are standing on the corner
for someone to go past you and go just like that, lock their doors. Like you were a criminal. Then there
are houses that just came up, I am one of the home-owners. Yes, God looked at me and saw my needs
and he gave me the best piece of property that I can ever want. And I am not moving. And I feel the
same way that they do, why should you have to move when it is something that you bought and you
paid for. But the bottom line here is, Greenport Third Street was wasteland and look at it now. It is
beautiful. Everybody wants to live there, now everybody wants a piece of the rock. Now that we have
been in the dump for all those years, now it is all beautiful. It is not fair for somebody to have to deal
with that. And she is an older lady, fighting for her life. Right now she deserves peace. It doesn't
make any sense. Would you want your grandmother to live there, any one of you? Or your
grandchildren? (tape change)
CHARLENE EDWARDS: I am Charlene Edwards, from Greenport. I would like to bring up a couple
of issues. I have been sitting here listening to everybody talk about different issues. I agree with
everything that Supervisor Horton said and about what Councilman Richter said that he would like to
hear some people say some possible things about why the pool company should not be there and you
mentioned a couple of things about improvements at the dump as far as them capping it off. That is an
improvement for the dump, well I don't think that building a pool company there is definitely not an
improvement. And I think that these people they have been living there with the dump all these years
and you are trying to improve it by making the dump a better place and I think that they have enough
there with the dump. I don't think that they should have to look at a big, old pool area, with trucks
coming in. And like Val said, yes it is an environmental issue with pollution and everything. It
shouldn't be at all, we are trying to preserve Long Island. We try to keep away franchises and we are
going to bring in a pool here with all the environmental issues. I just think that if you really have to
have it, that is definitely not the place for it. They have enough right there with the dump. That is all I
have to say.
MELANIE NORDEN: I am curious to find out if any of the members of the Town Board have
explored the EPA regulations. It may not be just a pool company, it may not be a pool company but
we are talking about areas that actually are regulated by the Federal Government. Erin Brockovich not
withstanding, we have a lot of experience in this country about what happens to people that are
exposed any level of chemical, groundwater, airborne pollutants and but I would specifically like to
know what work the Town Board has done on the EPA connection and the exploration of putting toxic
chemicals in a residential area.
SUPERVISOR HORTON: It is not a residential area, Ms. Norden.
MELANIE NORDEN: It is a residential area regardless of how it is zoned.
10/08/02 23
SUPERVISOR HORTON: ! agree.
MELANIE NORDEN: So let's not quibble with words. I am asking about the exploration of EPA
regulations and whether that is even allowed in an area in which humans reside in close proximity.
am asking if the Board has explored those issues?
SUPERVISOR HORTON: The answer to your question is no and the answer to the larger picture is
that if he extends beyond a warehouse, one by one that community of residents will be displaced. It
goes far beyond a warehouse but to answer your question, no.
MELANIE NORDEN: And why not? No, ! mean seriously, you are defending the fact of regardless of
what the zoning should have been, what it could have been, what it was 20 years ago and what it is
today, people are raising issues regarding, and this is only one possible example, being exposed to
carcinogens and toxic chemicals very close to a residential area. ! would think that the Town Board
would like to at least inform themselves on whether such exposure is even allowed under Federal
regulations by exploring those regulations. You know, it doesn't matter what the zoning is, the real
point here is that people are saying that we care about our health and we don't want to die. And you
have plenty of evidence in this country about toxic contaminants and carcinogens and cancer and any
number of diseases that can happen. This may not be a pool company, it could be the storage of any
number of other chemicals for any number of purposes. The question is why not explore what those
regulations are because then you can or cannot grant the person who wants to build a building for that
purpose, a variance or a permit. If you discovered that in fact, they can't have a permit for that
purpose in close proximity to a residential area then you have at least solved one small piece of this
much larger problem. So ! would really like to see this Town Board get some information on toxic
chemicals and whether such purposes are allowed from a Federal regulation standpoint. And maybe
the next meeting that we have, we can get a report back on what has been discovered.
COUNCILMAN RICHTER: Melanie, this is a commercial building and it needs to have site approval
and the Planning Board has to go by the letter of the law. That is where this is at, that is where your
answers are. That is where your answers are and the Health Department.
MELANIE NORDEN: ! understand that, but what is the letter of the law?
SUPERVISOR HORTON: Melanie, that is a question that can't be answered right here at the meeting.
MELANIE NORDEN: ! understand but what ! am really suggesting is that we determine what the
letter of law is before Federal, ! know that we may not have something that covers this in our Zoning
by-laws and it is clear that they may be left to masses and widespread interpretation. But there
probably is something that speaks to, on the Federal laws as to what can be done. So ! think that we
need to explore the Federal laws, we need to maybe bring in the EPA and perhaps talk to various and
sundry other Federal agencies regarding such an industrial use in close proximity to this particular
residential neighborhood. So ! would like to recommend that we do that and perhaps at the next
meeting we can query you as to what you have discovered.
JOAN EGAN: Mr. Richter, ! heard a good rumor a while ago that you had a Police report that ! might
review. That is terrific. Ten months, that report, it must be this thick.
COUNCILMAN RICHTER: Mrs. Egan, it would be my distinct pleasure.
JOAN EGAN: ! am not finished with you, ! also notice on the court calendar, where we usually only
have Friday morning court, now we have Thursday and Friday and ! think that is because we have such
an upsurge in crime. Am ! correct, Mr. Horton, or do you know?
SUPERVISOR HORTON: Actually, Mrs. Egan in the police committee report you will find
information that will answer that question exactly.
JOAN EGAN: Wonderful, wonderful. You know, we have a problem here in the Police Department,
tell me this, this constant refrain, we will look into it. There you sit, Mr. Yakaboski, ! didn't see you
taking any notes in regard to many of the legitimate complains about particular laws, Federal and
Local in regard to ....
SUPERVISOR HORTON: Mrs. Egan, you are to address the Town Board, not our attorney.
10/08/02 24
JOAN EGAN: Well, I don't understand if he is the attorney why this has not been done. Now,
Supervisor Horton, have you heard from Superintendent Harris in regard to signs on the road that
would maybe help us safe wise.
SUPERVISOR HORTON: No.
JOAN EGAN: No, I see. Wonderful. Mr. Horton, have you received any report from Mr. Yakaboski
regarding the letter that was sent to him on May 20 and then re-affirmed in a separate letter to you that
you addressed to him. Have you received any of those reports from Mr. Yakaboski?
SUPERVISOR HORTON: No, I have not put those to him, it is with me.
JOAN EGAN: I see. Well, my goodness. That is June, July, August...
SUPERVISOR HORTON: What is your next question, Mrs. Egan?
JOAN EGAN: Pardon?
SUPERVISOR HORTON: What else would you like to address the Board on?
JOAN EGAN: I would also like to ask Mr. Romanelli, and I am very proud of you Mr. Romanelli
because actually, I don't agree with you on it but you did have your thinking cap on. Have you done
anything about the problem of noise control?
COUNCILMAN ROMANELLI: No, just that...
JOAN EGAN: The answer is no. I don't want a follow up. The answer is no. Have you done
anything in regard to the fact of when there are excavations and people tarped off things that should be
tarped on tops of these trucks and in addition safety nets around the excavations and the sand piles?
Have you done anything about that, darling?
COUNCILMAN ROMANELLI: I think that you know the answer.
JOAN EGAN: No, no. I would like to hear it for the press.
COUNCILMAN ROMANELLI: Of course.
JOAN EGAN: The answer is?
COUNCILMAN ROMANELLI: Would be no, Joan.
JOAN EGAN: Isn't that wonderful. Now, Mr. Moore, Mr. Moore and Mr. Yakaboski. This is now
going on two and a half years. Have you done anything for me to protect my property and the answer
is...
COUNCILMAN MOORE: The problem is, Mrs. Egan, the answer is one that you don't want to hear.
And that is the problem, it is a zoning question...
JOAN EGAN: No, no. I want to hear.., excuse me, Mr. Moore .... you are being rude
COUNCILMAN MOORE: And likewise.
JOAN EGAN: No, and you were very rude to this lady before when you mentioned age in regard to
Cablevision. That is inappropriate, it is discrimination and don't do it again in my presence, please.
Now as far as the zoning mistakes that were made over two and a half years ago, you are accountable
for a serious mistake. Have a good night. You know what my pastor says when he hears that
something has been done wrong? And it is a very cute, quick statement. God will get you.
CAROLYN PEABODY: For the last six months or so, the Anti-Bias Task Force and members of the
community have been trying to seek some resolution to the situation regarding the hamlet near Church
Lane. We have met with individual members who would meet with us. We have met with these
10/08/02 25
people and you all except for Mr. Moore and ! have to say that our conversations suggested that you
were all trying to think about what it was that we were saying to you. Basically, what we said to you
was represented in the article in the Suffolk Times. And each of you conveyed a sense of will and
commitment to doing the right thing. That is what you said, you really wanted to do the right thing and
! have to say that ! would walk away assuming that this was true. The only thing that actually came out
of agreement that we came to in terms of that each of you would look into it, is that there was an
agreement apparently to build the fence and work on the drainage problem. Granted, this is a serious
and important step but it is an old step. It is a step that is an old step. ! think one of the things that is
most troubling to me is no matter, ! feel like we wasted our breath. We met, ! scheduled my life to
work together to try to find some way to get you to just think creatively about how to respond to the
needs of the people who live in this hamlet and the people who live in Southold because it is not just
them who are concerned. One of the things that ! walked away from each of those meetings with was
that there was a hope and clearly, it was unfounded. Because it is not just that it was never responded
to in terms of any public forum because privately everyone said, yeah we are really trying to do the
right thing. We really believed this to be the right thing and we came up with other alternatives,
putting an office building, rezoning it for residential office, buying the land. None of the ideas came
from the Board, no response. That was one of the things that was in with what ! said before. There
was no idea that came from the Board members themselves to say, how are we going to not just
completely disregard the fact that some people are really very unhappy about this. We are just going
to say, it is a good planning decision and we are going to stick with it. We are going to disregard
everything that you are saying, we are going to completely disregard everything except the drainage
and the fencing. We are going to disregard everything that you are saying. And to every statement
that this has some connection to race absolutely your response was that no way it has anything to do
with race. And we granted you that in our discussions. We said look, we are not assuming that you
are actively intending to be racist but that the whole history of this community is one of institutional
racism, so you have an option to keep continuing it by disregarding these people or do something
different, anything. Not one idea came from any of the Board members to say, look we will meet with
the Town, we will try to find some alternative. Nothing, nothing. And so ! guess, in trying to think
about what to say tonight, part of me was like ! have to get used to the fact that when ! say things and
when ! meet these people and they say they are going to try that maybe they are not going to try. And !
would like to understand that. That is the second point that ! would like to make and that has to do
with the issue of race also because there was an absolute denial that there is any issue of racism in this
Town at the current date. But nobody wants to...maybe it was happening in the past, it is not
happening now and it is not happening in this case and ! said to everybody that we met, perception is
as important as reality. And the truth of the matter is that the experience of the people in this Town,
people of color and many people who are not of color is that your life's opportunities is severely
constrained if you are not of a particular hue. ! am not making this up. ! am not making it up at all. !
am academic and ! teach about this so, if you want some documentation of this ! can get it for you. In
health care, in real estate, this is not brand new. It was just in the newspaper recently, today or
yesterday, that the Town of Freeport is discriminating, that Spitzer is suing the Town of Freeport for
discriminating against people who are Hispanic or Latino. So, this is not a surprise that maybe there is
some racism in Southold. The truth is, the question is for us as people who are responsible for the
Town, the question is how do we find out to what degree there is racism? And how open are we to
considering that maybe unconsciously, maybe without intention at all, we are inadvertently in the
perpetuation of really racist policy. And ! would like to know why there is no offer, no response from
the Town Board?
COUNCILMAN WICKHAM: I would be glad to respond to your question. If I felt that the health,
safety and welfare of the residents in that community would be significantly compromised by the
continuation that it is in now and that it could be significantly improved by going back to residential, !
would be joining with the Supervisor. ! don't believe that the zoning change, in and of itself, will save
peoples lives or make a better home life or make a fuller life for families. ! just don't think that the
decision in a Town Code of zoning really can do that. ! think that there are other things that we can do
and should do that can speak to people's lives, that will do the things that all of you this afternoon have
asked for. ! think that it is our responsibility. ! am here to look after the health, safety and welfare of
the residents of this Town. Zoning is maybe a tool that will help but there are lots and lots of other
things that ! view as more important. You said a few minutes ago that the Board hadn't been very
responsive in coming up with suggestions of our own and ! guess you are right. But there are several
suggestions that some of us have made. ! would like to for the record, put them out there. Unlike the
gentlemen who said 20 minutes ago that there is even a Town Board member who wanted to move
people out of the community, which is not an accurate characterization of the Board. But there are
several steps that some of us have proposed. You alluded to several. Some of them are simply
10/08/02 26
engineering types of things but it goes beyond that. We have said, I have said, that anyone who lives in
that community will receive, as far as I am concerned, every benefit and every help that they can get
from anybody else in this Town, equal to anyone else in this Town to preserve their health, safety and
welfare. As to the question of an inappropriate chemical warehouse, there are certainly regulatory
approaches to that. I have worked with corrosive and carcinogenic chemicals most of my life. I am
heavily regulated. My work is very close to lots of residential homes. They are protected by the
regulatory environment and I am confident that pool chemicals fall under a similar regulatory network.
I am sure that the DEC would not permit warehouses and pool uses in ways that would threaten the
people of this Town. Irrespective of what zone that they are in. Because my life is regulated that way,
I believe that other people running their businesses would be, too. Having said that, what can we do for
the people in that community? What can we do to address the latent racism that does still exist in this
Town? It is here, we all know it. Yet that doesn't mean that it is on the Board. It doesn't mean that it
is with me. But it is here. There is latent racism in this Town. What can we do to address it? Does
changing the zone and keeping the community in that area really promote the idea of the Anti-Bias
Task Force? I have suggested that if there are people in the community, and there may not be and I am
not asking people to move, in fact, my responsibility is to look after who are there. But if there are
people who would like to move, I think that we should find places in the Town where they would be
welcome. There are certainly some places and I and the Anti-Bias Task Force can help find those
places. Don't tell me that it is 100% racist out there. I won't accept that. There are clearly families
who would love to have in their communities, a greater diversity. And we can identify them. And I
think that the Town should even help finance those people who would like to make that move. It
would make a positive statement for the Town. Now those are a few suggestions that we have tried to
make from this side. They are serious suggestions, they deal with people's lives. They basically say
that changing the zone is not necessarily the answer. Finally, I believe that there are steps that we can
take to stop or at least greatly restrict the proposed warehouse that is coming up there.
CAROLYN PEABODY: Can I just respond to one thing. I would gram you that maybe zoning in fact
maybe isn't the best thing in the world but in terms of making their life that much better. However,
zoning it to light industrial has certainly increased the likelihood that it will make it that much worse. I
don't know about you but one of the things, one of the ways in which you can think about right and
wrong is to put yourself in somebody elses shoes. I must say, I love where I live. If a warehouse of
any kind, especially one that was likely to have serious chemicals in it, that was going to have truck
going back and forth, I would be so incredibly angry and so incredibly surprised that it would happen.
So for this entire community, this is what has happened. In their bedroom community they now have
what should be next to a railroad station or something. You can say that, we don't want to have, who
wants people living next to a dump? Well, the truth of the matter is, rezoning happened on top of
people who were living next door to a dump, who have made their homes there and we are just
reproducing the question that they have experienced by saying it is not a good place for you to live, go
find someplace else to live. Now, you may be saying, maybe we can help them out but let me remind
you, that never came forward. You may have put that up to the Board but there was no
recommendation made to the public. There was no response made to the public other than improving
the quality of the fencing and the drainage. So as far as I know, maybe I am wrong.
COUNCILMAN WlCKHAM: Roundtable?
CAROLYN PEABODY: But not in terms of policy. That was not a policy. We didn't have the
jurisdiction to make policy at that table. Yes, it came out and it has been discussed. There have been
several things discussed. So that is one thing. The truth is, if you put yourself in their shoes, you
would not want this warehouse next to your house. You might say that it is the right thing, it is the
rational thing but the truth is-you would not want this next to your house. I really think that the Board
has some responsibility to figure something out here and to deal with the fact that there are a lot of
people who are seeing this and other things as indicative of the fact that it is not a friendly place. That
Southold is not as equal as we would like to believe it is. You have to accept that that is their
perception of reality. Because that is not in their heads, it has been documented and documented and
documented. We have some responsibility to make this, as people have said over and over and over
again, a place that is justice for all.
VAL SHELBY: I just want to ask Mr. Wickham a question. You said that you were heavily regulated
against chemicals? Well, how come only you were heavily regulated and none of the other farmers?
Because how could that pesticide get into the groundwater? And we are having problems with the
water now.
SUPERVISOR HORTON: That is why they are heavily regulated now.
10/08/02
27
VAL SHELBY: Just now?
SUPERVISOR HORTON: Everybody. And over the last 20 years regulations have increased
substantially.
VAL SHELBY: How long have you been in business?
COUNCILMAN WICKHAM: Me? Most of my life. I am technically a licensed applicator of
chemicals but as the Supervisor said, over the last 20 years, the regulations have become much more
strict and much of the contamination was prior to that time.
SUPERVISOR HORTON: I am going to move to close the meeting but I wanted in endina SlY thilt, I
would just ask the Town Board to look beyond the pool C6ttlpt!tly t!mll(l(lk bl;lytltld tlJ.l;l (lfl~ flW}J@fty
that is looking at being developed right now and think of the next three that would be developed and
the remaining four people and the next five that will be developed industrially and the remaining three
people and so on and so forth. So that the last person that you have there will be is young Frank
Lyburt who works for the Town of Southold in the Police Force living in a trailer back there while the
rest of it is developed industrially. Think the long term because one by one these homes will be
displaced and if that is what the Town Board is the best use for this area, so be it. But acknowledge
that and acknowledge it for the Town.
Moved by Supervisor Horton, seconded by Councilman Richter, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 7:39 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Supervisor Horton.
* * * * * *
~o.~
Elizabeth A. Neville
Southold Town Clerk