HomeMy WebLinkAboutTB-02/26/2002 ,C4,S%3F F0J/(
ELIZABETH A.NEVILLE Town Hall, 53095 Main Road
TOWN CLERK C= P.O. Box 1179
COD Southold, New York 11971
REGISTRAR OF VITAL STATISTICS Fax(516) 765-61A.5
MARRIAGE OFFICER Telephone (516) 765-1800
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SOUTHOLD TOWN BOARD
FEBRUARY 26, 2002
Work Session:
Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D.
Moore, Councilman John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas
H. Wickham, Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski,
Assistant Town Attorney Mary A. Wilson.
9:00 a.m. Appointment — Town Trustees President Albert J. Krupski, Jr. and newly
elected Trustee Peggy Dickerson. Ms. Dickerson announced that she was very taken aback
by the dollar amount of receipts that the Trustees received during the month of January
$10,517.58; and February $5,635.31. She is very concerned with the fact that there really
isn't a budget for the Trustees. The fees they are concerned over and one of things they hope
doesn't come up negatively in the budget is the cost for the Fishers Island inspections. Trustee
Jim King says that right now they go over on the DEC boat. But, everything is not getting
covered. President Krupski said that Justice Evans always helps out. They used to fly over
but that is very expensive. The Trustees budget is very minimal, paper and legal notices only.
Peg Dickerson would like to advertise environmental policies and reasons for them in the
newspapers, but there just isn't any money for any type of those projects at all in the Trustees"
budget, or for the hiring of more help for code inspections. President Krupski said that there
are so many new people in town and they would like to get the message out and educate the
new people coming into town. Supervisor Horton invited them to come into his office during
the coming week to sit down and talk about some of the ideas he has for them. Justice Evans
mentioned that there is a booklet published by the Trustees and there is information on the
town web site. Ms. Dickerson has already been to the newspapers and knows what the cost
would be. She has two (2) articles written up and will be using the high school, CAC studeAi�
to help put it together. Supervisor Horton again offered to meet with them and talk.about
ideas for accomplishing their goals. Ms. Dickerson said that it will cost $1,800. annually for
each newspaper, a total annual cost of$3,600. President Krupski advised that their budget has
only $40.00 in it. Trustee James King stated that he goes out and does -the water sampling
because the DEC says it is the Town's responsibility if they want to have conditional
openings. There are no follow-up inspections and people know this. Councilman Richter
asked the question, "in other words, they get a permit, then go and do whatever they want."
Mr. Krupski answered yes, this is basically what they do. He advised that the Conservation
Advisory Council is doing a survey of it and so far they have come up with 75% compliance.
They had a case of a very sloppy job by a contractor with the building going through the
marsh. Councilman Wickham questioned Southampton and East Hampton budgets.
However, Southampton has a Donegan Patent Committee, it is a totally different arrangement.
Also, Southampton and East Hampton have no jurisdiction uplands or within 10 ft. -of the
bulkhead line. They have a whole other commission that handles it. Justice Evans said that
she has always heard on the Island that Fishers Island people like the Town Trustees because
they are stricter than the DEC. Trustee Dickerson reported on a meeting that she recently
attended on Shelter Island sponsored by the Nature Conservancy on code enforcement.
Supervisor Horton asserted that we have a code enforcement officer and bay constables. Mr.
Krupski asked the Town Board if they are really committed to environmental protection.
Councilman Richter replied yes, the Town Board is quite interested and several years ago they
put up $200,000. for a bond for waterways improvements. President Krupski stated that
Cornell just received $150,000. in a grant. The Trustees need a part-time person in the
Trustees office to coordinate with the state and federal agencies and a full-time person to go
out and do compliance checks and check moorings. They have talked with Melissa Spiro,
Land Preservation Department Head and she could use the person the other half of the time in
her office. Justice Evans suggested initiating an inspection fee to pay for it. President
Krupski recapped the three choices: (1) A part-time person for the Trustees. (2) Full-time
person for the Trustees and Land Preservation Dept. to share. (3) Bay Constable under the
Trustees jurisdiction to do inspections and help organize the moorings in the creek and other
issues. Supervisor Horton stated that he needs time to think through some of these things.
Justice Evans said again that she thinks changing the fee schedule to cover some of these
things is the answer. President Krupski stated that the fee schedule can't charge,the same fee
for a dock as a large house project. Justice Evans suggested a sliding scale on the fee
schedule. Councilman Wickham asked Trustee Krupski to give the Town Board an
opportunity to go through the process. Mr. Krupski asked if they could have an appointment.-,
to come back at the next work session of the Town Board. Supervisor Horton replied yes,
absolutely. Mr. Krupski stated that the Trustees took over coastal erosion jurisdiction in
1991. since that time it has basically doubled . It has been a headache and the state has not
offered any assistance. They recently had a problem on the sound and asked the state for their
assistance, but did not receive it and finally acted on it themselves. It is taking away some of
our wetlands protection. Councilman Wickham said that it was his understanding that this
coastal erosion is not required to be taken over by the town and that we could go back and tell
the DEC that we won't do it. Mr. Krupski said that it might be more appropriate to have the
Building Dept. handle it and issue either a building permit or a coastal erosion permit i.'
Councilman Wickham asked if he talked to the Building Dept. about it. Mr. Krapski said
yes, he had and it would be possible. Supervisor Horton said that they will talk with Mike
Verity about it. Mr. Krupski mentioned another thing that came to the forefront after recently
meeting with the other Trustees is the prohibition of docks on the Bay. He said that it is
getting nearly impossible to moor a boat in the bay. Everyone has added a 'T' on their dock
and it just seems to mushroom. Peg Dickerson said that the Trustees think this goes. along_.
with preserving open space. Mr Krupski said that he believes that people should have access,"
but practical responsible access is the key. There are a lot creeks that have undeveloped-
shoreline because they are so shallow. They are looking for a ban on the development of these
creeks. Councilman Wickham asked him if they are basically asking the Town Board to take
on the responsibility of banning new docks in the bay. Mr. Krupski answered yes.
Councilman Wickham asked Councilman Romanelli to put that item on his code committee
agenda. Mr. Krupski said that the size of the docks being built is getting bigger and bigger, so
the Trustees had to decrease the size allowed. The DEC came up with a policy that any float
needs 4 feet of water at low tide. Supervisor Horton made a disclosure that he has a-,
partnership in a marine towing business and his partner has a marine construction business.
So he asked that they field their questions to other Town Board members on it. Mr. Krupski
explained that it is only the few undeveloped creeks in the town, not the creeks that already
have docks in them. The Town Board and the Trustees will get together and discuss it. Mr.
Krupski said that they are flexible on the help for the office. Mr. Krupski will speak to Ed
Forrester on the code enforcement and the Chief of Police on the Bay Constable.
10:00 a.m. Appointment with Zoning Board of Appeals Chairman Gerard Goehringer and
member Lydia Tortora briefly described the problems that they are having and asked to go
into executive session to discuss it further. However, the matters were not within the scope
of an executive session. It was described by them briefly in a nutshell as "denial by the
Building Department of an issue that came before the ZBA to interrupt a particular code."
Councilman Moore cautioned that they not discuss it in detail, but suggested that they discuss
it as a policy discussion. Mr. Goehringer proceeded to say "just as you present a map with a
one acre lot , so do we want to present the case of how we got to the point we are at now" .
Mr. Goehringer said that they could discuss it now or come back in two weeks and discuss
The Town Board upon the advice of the Town Attorney suggested that they come back in two
weeks to discuss this matter. On a different matter, Mr. Goehringer advised the Town Board
that the ZBA desperately needs someone to help transcribe the minutes. There is
approximately 10 hours a month in public meeting testimony for transcription of tapes. This
request will be put back on the agenda in two weeks also.
Supervisor Horton commended Councilman Richter for his chairing of a recent Park &
Recreation Committee meeting. He had received very favorable comments on it.
10:22 a.m. - The Town Board discussed IV. For Discussion items as follows: IV. 1�-.
Lighting of Tennis Courts at Tasker Park Councilman Richter advised that they don't
want to go too close to any residences with the lighting so they will be installing it across the
street at Cochran Park to light the tennis courts on Tasker Park. The lights will be put on a
timer, after 10:00 p.m. the lights will not go on. Councilman Wickham asked what the cost
will be? Councilman Richter answered that at this time he can't answer that question, it will
all be part of the budget for the Parks & Recreation. Justice Evans asked if the people
themselves won't be paying for the electricity with a coin? Councilman Richter said that it..
could be explored. He said that there is lighting on the football fields, and the baseball fields
and there should be lighting on the tennis courts too. The Town Board agreed. The Board
discussed the timing of the lighting. Ten o'clock p.m. with a timer so that it will go off if
someone leaves earlier. Supervisor Horton suggested talking to the neighbors also.
Councilman Wickham suggested shields on the lighting. Councilman Richter advised that
Mosco Lighting has very direct lighting that doesn't light up the skies at all, but only on the
activity that it is directed on. IV. 2. Fishers Island State Police lease. A telephone call
was received from the State Police on Fishers Island advising that. they need some sort of
written documentation to present to prove that they have a right to be there. Justice Evans
advised that the property that they are on is Town property, but part of it is managed by the
Fishers Island Ferry District. Town Attorney Yakaboski advised that it could be handled
either way by the town or the Ferry District. Justice Evans said that she doesn't have a
problem with the Town doing that lease directly with the State. The Town Attorney will call
and check on this. The matter with Battery 215 is still outstanding. Supervisor Horton
directed that the matter with the lease and the State Police be settled at this time. (Resolution,
no. 161 was later added to the agenda). IV. 3. CATV Franchise. Councilman Moor`ei-
will be meeting with them on Thursday morning. Letters and resolution opposing the removal
of WLNG radio station broadcasts from channel 14. The Town Board agreed to do a
resolution like the other towns supporting it. Justice Evans said that she would like to see
some of the language changed and the resolution shortened up. (Resolution no. 162 was
added to the agenda). IV. 4. First Time Homebuyers Legislation. Assessors Robert Scott
and Darline Duffy explained the new legislation to the Town Board which has been passed by
Suffolk County. The Towns and Schools have a right to opt in, if they so choose. The
maximum purchase price is $287,500. However, only$250,000. can be excluded. This is for
a single family home only, coops, such as Kimogenor Point or Driftwood Cove would not be
allowed. The annual household income limitation is $73,300. The deadline for the
application is this Friday March l't. Mr. Scott and Ms. Duffy explained that you may have
one person who is building the house himself and therefore doing it much cheaper than
someone who is purchasing a home from a contractor. This is why they have to go by
assessment. Right now there is no RPS service to implement it, so it will all have to be done
by hand. Mi. Scott advised that if the property is leased or there is a change of ownership, it
would be taken off the program. There were 391 sales last year. Out of that there were 252
that could appear to fit into the category. Whether or not they will qualify, will remain to be
seen. The Assessors will have to police it. The TAXPAC and Ed Sigemann have said that
they are not in favor of it. Councilman Wickham said that he is also not in favor it because of
the bias supporting new homes. He would like to see them buy old homes. Councilman
Moore said that the down payment is what keeps young people from getting into homes. Mr.
Scott said that the schools are just not participating in the program. Supervisor Horton said
that he would like to know who pushed it and promoted it. He would like to follow the,
paperwork on it. The Town of Huntington is already participating in it. Assessors Scott and
Duffy advised that Friday, March I't is the deadline for filing for all tax exemptions. IV. 5.
Proposed Affordable Housing Fund legislation by Fred Thiele. Councilman Romanelli
stated that Legislator Fred Thiele is proposing that an affordable housing Rind be created
similar to the 2% land preservation ftind. He would like to put an additional tax on all
property sales to create this fund. Councilman Romanelli said that it is his feeling that he just
is not sure that we need another tax at this time. However, if it could help in the down
payment assistance program, he might be willing to at least talk about it. This was just an
announcement, there will be more detailed information coming in the future. Justice Evans
said that Walsh Park on Fishers Island has been very successful. Out of 12 houses, only 3
have turned over and been sold since the mid 80's. It will be discussed by the Board in the
future when further information is available.
11:00 a.m. the Town Board reviewed resolution numbers 114 to 162 to be voted upon at
the regular meeting at 4:30 p.mi Councilman Wickham questioned resolution no. 141 on
the advertising for a member of the Architectural Review Committee for Southold hamlet. He
asked whether the Board was considering merging this committee with the Landmark.
Preservation Committee. He said that he would like to have conversations with both Of
chairmen of these committees before considering this step. However,he agreed to advertising
to fill this vacancy at this time. The Town Board also added Resolution no. 163 to authorize
the acceptance of residential leaves and brush at the Landfill, free of charge for four
weeks prior to and during the Fall and Spring Cleanup Weeks.
On motion by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into executive
session at 11:18 a.m. for the purpose of discussing personnel, a particular person, and
contracts. Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter,
Councilman Romanelli, Councilman Moore, Justice Evans, and Supervisor Horton.
This resolution was declared ADOPTED.
On motion by Councilman Wickham, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive
session at 12:11 p.m. ..:..
Vote of the Town Board: Councilman Wickham, Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
The Town Board recessed for lunch at this time, to return at 1:15 p.m.
On motion by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into executive
session at 1:28 p.m. for the purpose of discussing personnel, a particular person.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
On motion by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this executive
session at 1:59 p.m.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman
Romanelli, Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was declared ADOPTED.
The Town Board discussed the MaTine, Inc. change of zone application and directed that a
resolution be added to the agenda to advertise for a public hearing to be held at 5:00 p.m.,
Tuesday,March 26, 2002. (Resolution no. 164 was placed on the agenda).
Town Attorney Yakaboski advised that environmental consultant John J. Raynor, from the
south fork has agreed to do the SEQRA review on the Amerada Hess change of zone
application at a fee of$1,000. which will be charged back to the applicant. (Resolution no.
165 was placed on the agenda).
This work session ended at 2:25 p.m.
GENERAL MEETING
FEBRUARY 26, 2002
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on February 26, 2002, at the Southold
Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge
of Allegiance to the Flag.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: The Town Board has a policy that we open the floor to the public. The
public may address Town Board prior to the addressing of the resolutions that are on the printed
agenda, so if you have concerns in relation to a particular resolution on the printed agenda you may
address the Town Board prior to the Town Board reading through those resolutions. If you have
business you would like to address that relates to the Town you may do so, if it is not on the printed
agenda you may do so after the reading of the resolutions. At this point I would like to make a motion
to approve the audit of bills of February 26, 2002.
Moved by Supervisor Horton, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of$141,760.70; General fund Part Town bills in the amount of$2,56.80; Community
Development Fund bills in the amount of$3,803.96; Highway Fund Whole Town bills in the amount
of $5,243.05; Highway Fund bills in the amount of$2,470.14; Capital Projects Account bills in the
amount of $6,502.50; Landfill Cap & Closure bills in the amount of $75,904.80; Community
Preservation Fund (2% tax) bills in the amount of$6,779.00; New London Terminal Project bills in the
amount of $7,010.86; Fishers Island Ferry District bills in the amount of $10,935.60; Refuse and
Garbage District bills in the amount of$70,636.82; Southold Wastewater District bills in the amount of
$206.55; Fishers Island Sewer District bills in the amount of$2,586.93; Southold Agency& Trust bills
in the amount of $4,208.88; Fishers Island Ferry District Agency & Trust bills in the amount of
$125.96; General Fund Whole Town bills in the amount of$600.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.,
This resolution was duly adopted.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the minutes of the January 15, 2002 Town Board meeting be and hereby are
approved.
Vote of the Town Board. Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Coun-,ilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly.adopted.
Moved by Councilman Wickham, seconded by Justice Evans it was
RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 7:30 P.M.,
Tuesday, March 12, 2002 at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
I. REPORTS.
SUPERVISOR HORTON: We have reports on file and public notices on file at the Town Clerk's
Office as well as the Supervisor's office, so if you would like to view them,please, feel free.to do so.
1. Southold Town Clerk Monthly Report for January 2002.
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2. Southold Town Recreation Department Monthly Report for January 2002.
3. Southold Town Board of Town Trustees Monthly Report for January 2002.
4. Southold Town Bay Constables Yearly Activity Report for 2001.
5. Southold Town Juvenile Aid Bureau Monthly Report for January 2002.
6. Southold Town's Program for the Disabled for January 2002 Events.
11. PUBLIC NOTICES.
1. U.S. Army Corps of Engineers, New York District, Notice of application of Hamptons Shellfish
Co., hie. to place shellfish racks in Great Peconic Bay, Town of Southold. Written comments by
March 21, 2002.
111. COMMUNICATIONS. None.
SUPERVISOR HORTON: We have no cominunications.
IV. PUBLIC HEARINGS. None.
V. RESOLUTIONS.
SUPERVISOR HORTON: I would like to offer the floor to the public in regard to the printed agenda.
Any discussion? Yes, Alice?
ALICE HUSSIE: Hello. Alice Hussie, Southold, New York. I have three things that I would like a
little clarification on. Number one is your resolution 119 to approve an increase in D&B's engineering
services contract for the capping and closure of the Cutchogue Landfill. It seems that this is about the
third time that D&B has had an increase in its original contract. What is this for this time, and why9
Why isn't a contract a contract?
COUNCILMAN ROMANELLI: This change now is because we have moved the recharge basin from
the southern end, which is right behind the blue building, to the back. We have increased the size of the
recharge basin. We then have to pipe the water from the front end to the back end.
ALICE HUSSIE: I understand that, but this is the sort of thing that they have done a lot of They give
us a plan for one thing, and then six months later there is a rethinking about the whole thing.
Meanwhile we paid them for one thing.
COUNCILMAN ROMANELLI: We changed it.
ALICE HUSSIE: You changed it?
COUNCILMAN ROMANELLI: We changed this design after some thought about the layout.
ALICE HUSSIE: And how much is this change costing?
COUNCILMAN ROMANELLI: There was another change on the location of the fire well, I believe,
and the size of the fire well at a request by the Fire Department to increase the size of the well. I am
trying to think what other changes there were.
ALICE HUSSIE: Well, in any event, I guess I am best being an old poke, but I know it just seems, and
you know this is true, when you build a house, if you have an architect's plans, and you pay for these
plans, and then you start making adjustments to them you will ruin everything. I mean this whole
capping is costing us a heck of a lot more than it should have.
COUNCILMAN ROMANELLI: Actually right now we are under the proposed budget. We really are.
ALICE HUSSIE: Okay. I will wait two weeks, and there will be another one. Okay. The other thing is
Number 124, a budget mod for SEED Project Coordinator. Who is the SEED Project Coordinator?
COUNCILMAN ROMANELLI: Suzanne Donavan.
ALICE HUSSIE: Is she on our payroll?
COUNCILMAN ROMANELLI: I think all four east end town contribute to her salary.
2/26/02 3
ALICE HUSSIE: Right, and she was here two weeks ago, and talked to you all, and said, we have to
do this. So, what is our ante into the kitty?
COUNCILMAN WICKHAM: $3,280.00.
ALICE HUSSIE: Alright. The last one, #153. This is the change of plans for the location of tennis
courts at the town parks.
COUNCILMAN RICHTER: We were going to put three additional courts on Tasker Park, and now
we are going to go across the street on Cochran Park.
ALICE HUSSIE: Are they going to be situated, as tennis courts should be?
COUNCILMAN RICHTER: Do you mean north to south? Yes. I shouldn't say that for sure, because
they are not in yet, but right now the plans are to go north to south. Somewhere in vicinity of the north
end or towards the center of the field. It is still being laid out, because we have two other ball fields we
are trying to fit in there, two Little League fields, and men's soft ball league, or an adult soft ball
league field.
ALICE HUSSIE: That is okay. It is just that I recall when they put the others in at Tasker Park I did
talk to the man in charge, and I admonished him that it is important that they be north-south
orientation, and he nodded, and they are not.
COUNCILMAN RICHTER: They went east west. We have done that with a couple in Greenport. We
ended up. Just trying to find a space to do it correctly.
ALICE HUSSIE: You evidently don't play tennis.
SUPERVISOR HORTON: Thank you, Alice. Yes, ma'am?
MELANIE NORDAN: Hi, my name is Melanie Nordan. I live McCann Lane is Greenport. I am
addressing Resolution#164. A number of us, who live in the 67 Steps neighborhood have been coming
to the Town Hall with some concerns regarding the proposed affordable housing district that will be in
our neighborhood contiguous, or located on County Road 48. We have sent letters. I sent a letter to
everyone on the Town Board, the Town Attorney and Ms. Neville, and numerous phone calls have
been received by abutting property owners indicating that the notification on the part of the developer
was null and void, and riddled with errors on several occasions. We have been attempting to receive a
legal interpretation from the Town lawyers regarding whether in fact this application is what is defined
in the Zoning Code as a properly completed application, which we propose or actually put forth that it
is not, because the action of notification procedures that constitute one of the compendiums of the
process have been violated. We rather than see a public hearing on an improperly, from our
prospective, completed application, we would like the Town Board to consider not having the hearing
on that particular day, until such time as the Town lawyers can give us an interpretation with Ms.
Neville as to whether our rights and privileges, as abutting property owners notification were respected
and upheld. We know that any number of people did not receive the notification. We still have yet to
receive an appropriate answer from either the Town Clerk or the Town Attorney regarding this
notification process. That is the first thing. hi addition, at two or three different occasions the applicant
MaTine has put forth a change of zoning, down zoning in one case, from R-40 Residential, and another
application that actually makes an application applying for Affordable Housing District. These are two
separate applications, and yet presumably in the resolution it somehow implies that both applications
are one. Not only is this area to be changed presumably according to the resolution into an affordable
housing district, but actually what is being proposed is a downzoning, and we are curious about
whether in fact both of those things can take place at once, or whether there might need to be two
separate hearings, one in terms of downzoning or changing the zoning, and the other in terms of
making the area once the zoning is changed into an Affordable Housing District. We are not sure that
is one process. Additionally we are concerned about the timetables, because we are not sure when the
Planning Board received the receipt of this application. The resolution on December I I'h indicated that
the application was to be referred to the Town Planning Board, but as we know it did not make it to
either the consulting engineering firm or the County Planning Commission until into the new year. So,
we are still within sixty-day timeframe from the receipt of the Town Planning Board's application for
this Affordable Housing District until such time as the hearing has to take place. So, we would like to
respectfully request the Town Board consider the postponement of this until such time we have clear
evidence from the Town Attorneys that the application for the affordable housing district has met on
the criteria as specified in the Town Code.
2/26/02 4
TOWN ATTORNEY YAKABOSKI: A couple of things, Ms. Nordan, I have spoken about this before.
We talked about it at the last Town Board meeting. A couple of quick things, number one, as your
downzoning question, the second point you raised.
MELANIE NORDAN: Well, there a presumably two separate activities with two separate applications
made by the applicant, one was an application entitled, An Application for Affordable-Housing
District. The other application by the applicant was an application to change or downzone. There were
two separate legal instruments essentially.
TOWN ATTORNEY YAKABOSKI: The application that this is dealing with would be the
application to move from the R-40 zone to the AHD zone.
MELANIE NORDAN: I understand that.
TOWN ATTORNEY YAKABOSKI: Under that zoning...
MELANIE NORDAN: But does the AHD zone necessarily constitute downzoning? I mean is there a
requirement under the AHD district, which I don't see in the Town Code that indicates that the lots are
going to be much less size than they are currently. In other words two activities are taking place.
Downzoning is occurring and an affordable housing district is presumable being proposed to be
established.
TOWN ATTORNEY YAKABOSKI: It is all one activity.
MELANIE NORDAN: But, two separate applications have been made by the applicant, and all be
activity. Anyway you will have to review the records, but at one point the applicant made an
application for an Affordable Housing District, and another time the applicant made an applicant made
an application to make a zoning change. Two separate applications made by the same applicant
referring to the same property. My question specifically is, is the establishment of Affordable Housing
District necessarily constitute a significant change in the zoning bylaws so that instead of having one
acre zoning, per example, becomes half acre or quarter acre zoning. I don't read necessarily in the
Town Code that such activity necessarily follows from just the establishment of the Affordable
Housing District. The District can be established, but the establishment of the District necessarily
constitutes the zoning change, the zoning change in ternis of the lot size.
TOWN ATTORNEY YAKABOSKI: Okay. First if you want to come in any time this week, and we
can sit down and go through the whole.
MELANIE NORDAN: I really want answers now.
TOWN ATTORNEY YAKABOSKI: First, I wanted to point that out to you. The second as to the
notice question the application when it came in the reason we thought it was complete. Okay? I know
you raised a notice question and we will look at the notice question.
MELANIE NORDAN: I have raised it, and all my neighbors have also.
TOWN ATTORNEY YAKABOSKI: I realize that.
MELANIE NORDAN: Repeatedly in phone conversations and discussions with Ms. Neville on more
than one occasion after the first application and the second.
SUPERVISOR HORTON: Would you please afford us the opportunity to respond?
TOWN ATTORNEY YAKABOSKI: We have also originally if you recall we were the ones that
bounced the first application, because we didn't think it was properly noticed. We will look at this
notice. We advised the Board today that we felt that they should put on a resolution tonight setting a
1h
public hearing for the 26 . I believe, not to speak for the Board, but I believe at that time we were also
looking into SEQRA, the status of SEQRA. We are also looking at the...I know the Suffolk County
Planning Cominission wanted to hear from the Town as to SEQRA, and what the Town Planning
Board wanted to do. So, I think what is going to happen is because where our hands are a little tied by
the law we are setting the hearing date. I believe the hearing is going to be left open, and make sure in
the meantime that we make sure the SEQRA is fully addressed, and look at all the notice questions,
that the questions of the Suffolk County Planning Commission, and any questions the Southold Town
Board have. Also in the AHD process there is a process for looking not just at the change of zone from
R-40 to AHD, but also the project itself, which has be looking at. That all is going to be taken into
2/26/02 5
account. As to the R-40, moving from R-40 one-acre zoning to HD zoning I believe, and I will look
quickly for you, but I believe that there is a greater number of units permitted. In that same parcel of
property, it is a'5.6 acres.
MELANIE NORDAN: 5.7 acres, actually.
TOWN ATTORNEY YAKABOSKI: They are 5.7 acres. They are more under the AHD zoning versus
the R-40. There are more dwelling units permitted under the AHD than under the R-40 zoning, so if
you are referring to downzoning as moving as the first zoning permits making up four houses. The new
zoning makes six houses, yes, it is going to move from four to six houses. That is a made up example.
MELANIE NORDAN: Okay, but what would the problem be with the postponement of the hearing
until all the information is fully constituted? In other words looking at the deadline obviously the
Planning Board did not receive this application until well in the month of January. If you are going by
the sixty-day rule in the Town Code there is still actually plenty of time. So, we are respectfally
requesting the postponement until rather than at the time of the public hearing we have to hammer out
this information again we all have all the answers and come to the table with a full deck. So, we are
simply requesting that this resolution be reconsidered and postponed until the answers to our questions
are available.
TOWN ATTORNEY YAKABOSKI: What I can suggest to the Board is this public hearing would
not...the resolution today is for the 26h, setting the public hearing for the 26 th, the publication would
not be until the 14 1h. The next Town Board meeting is the 12 th of March. Between now and the 12 th I
was suggest that we leave it on. It is not going to be published, and if there is reasons for it to be pulled
we could rescind it at that time. That would be a suggestion.
SUPERVISOR HORTON: I would agree with counsel at this point. I think that would afford us the
opportunity to come up with the information that you feel is needed, or to determine whether or not it
should be brought forth at that point. We will still cover our grounds in making sure that we have
provided legally by the constraints by the Town Board.
MELANIE NORDAN: Okay.
SUPERVISOR HORTON: Are there any other comments from the floor in regard to the printed
agenda?
#114
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 487 of 2001
to read as follows:
RESOLVED that the Town Board appoints Robert J. Harney to the position of Public Safety
Dispatcher I in the Police Department at a salary of$25,752.63 per year, effective July 9, 2001.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans,..Supervisor Horton.
This resolution was duly adopted.
#115
Moved by Councilman Richter, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 101 adopte
at the February 12, 2002 regular town board meetin pertaining to a budget modification for the
Recreation Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#116
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 98 adopted a
the February 12, 2002 regular board meeting to read as foHows:
RESOLVED that the Town Board of the Town of Southold hereby appoints John F. Irving to the part-
time position of Mini-Bus Driver in the Human Resource Center at a salary of$9.65 per hour, effective
March 11, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
2/26/02 6
#117
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth A. Stathis to
the fuR-time position of Records Management Assistant in the Office of the Town Clerk at an
annual salary of$34,041.17, effective February 27, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#118
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole
Town 2002 budget, as follows:
TO:
Revenues:
A.2705.40 Gifts and Donations
Other Donations $ 417.00
Appropriations:
A.6772.4.100.100 Programs for the Aging, C.E.
Supplies and Materials
Office Supplies $ 417.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#119
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS the Town Board has approved a proposal to gain useable property adjacent to the Solid
Waste transfer station by replacing the re-charge basin planned for the southeast comer of the landfill
cap with a special drainage system, and
WHEREAS charges for the design and engineering of such drainage system were not included under
Dvirka and Bartilucei's contract with the Town for the cap and closure of the Cutchogue landfill, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby approves an increase in D&B's
engineering services contract for cap and closure of the Cutchogue landfill to cover design and
engineering fees in support of the landfill drainage system in an amount not to exceed $18,927.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#120
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the foHowing
individuals as Detention Attendants (on-cafl basis/as needed) for the Southold Town Police
Department, effective February 27, 2002, at the current salary of$11.30 per hour:
Janice Conroy
Barbara Taylor
Vote of the Town Board- Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#121
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Communit
Preservation Fund as follows:
To:
H3.8 710.1.100.100 Full Time Regular Earnings 400.00
H3.9030.8.000.000 SociaI Security Benefits 10.00
From:
H3.8710.2.400.100 Land Use Consultants 410.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
2/26/02 7
#122
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Wastewater
Disposal District bud2e as follows:
Revenues
To:
SS1.5990.00 Appropriated Fund Balance 11,030.00
Appropriations:
To:
SS1.8130.1.100.100 Full-Time Regular Earnings 60.00
SSI.8130.4.100.200 Greases & Oils 450.00
SS1.8130.4.100.550 Equipment Parts/Supplies 950.00
SSI.8130.4.200.200 Light &Power 2,700.00
SSI.8130.4.200.400 Water 500.00
SS1.8130.4.400.800 Sludge Removal 9,200.00
SS1.9030.8.000.000 Social Security Benefits 70.00
From:
SSI.8130.1.100.200 Full-Time Overtime Earnings 2,900.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#123
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Fishers Island
Sewer District budget as follows:
Revenues:
To:
SS2.5990.00 Appropriated Fund Balance $1,950.00
Appropriations:
To:
SS2.1440.4.000.000 Engineer, C.E. $ 2,350.00
From:
SS2.8160.4.000.000 Refuse& Garbage, C.E. $ 400.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#124
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2et as follows:
To:
A.8020.4.300.100 SEED Project Coordinator $3,280.00
From:
A.8020.1.200.100 EETC Personal Services $1,750.00
A.8020.4.200.100 EETC Copies & Supplies 34.00
A.8020.4.300.200 SEED Copies & Supplies 1,000.00
A.8020.4.300.300 SEED Travel Expenses 496.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#125
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budge as follows:
To:
A.7520.1.200.200 Landmarks Preservation
Part-time overtime earnings $700.00
From:
2/26/02 8
A.7520.1.200.100 Landmarks Preservation
Part-time Regular earnings $700.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#126
Moved by Councilman Wickham, seconded by Justice.Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Data Processin
2001 budget as follows:
To:
A.1680.1.100.100 Central Data Processing
Full Time Earnings $55.36
From:
A.1680.1.100.200 Central Data Processing
Overtime Earnings $55.36
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#127
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Bud2et as foRows:
To:
A.1420.1.100.100 Regular Earnings $ 2244.10
A.1420.4.100.100 Office Supplies/Stationery $ 166.41
From:
A.1420.4.500.100 Legal Counsel $ 2244.10
A.1420.4.600.200 Meetings & Seminars $ 166.41
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#128
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town budeet as follows:
To:
A.1670.2.200.400 Central Copying&Mailing
Office Equipment
Postage Machine $ 924.20
A.1670.4.400.600 Central Copying&Mailing
Contracted Services
Equipment&Repairs $ 467.00
From:
A.1670.2.200.500 Central Copying&Mailing
Office Equipment
Copy Machines $1,391.20
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#129
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
TO:
A.8560.4.400.200 Contractual Expense
Contracted Services
Trees &Tree Maintenance $ 40.00
FROM:
A.8560.1.200.100 Tree Committee
Personal Services
Part-time Employees $ 40.00
2/26/02 9
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#130
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Southold
Marine Center for the purchase of two (2) used 130 HP Honda Motors.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#131
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budge as follows:
To:
Revenues:
A.2025.00 Special Recreational Facilities
Park&Playground Funds $ 200.00
Appropriations:
Buildings &Grounds, Capital Outlay
A.1620.2.500.850 Tasker Park Ball Field Lighting $ 200.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#132
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budge as follows:
To:
A.3610.1.200.100 Examining Boards
Part-time regular earnings $1200.00
From:
A.3610.4.500.300 Examining Boards
Conservation Advisory Council $1200.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#133
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2001 budge as follows:
To:
B.3620.1.300.100 Building Department, P.S.
Seasonal Earnings_ $ 300
From:
B.3620.1-100-100 Building Department, P.S.
Full-time Regular Earnings $ 300
COUNCILMAN ROMANELLI: All these budget mods are the Accounting Department closing out
the 2001 budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#134
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Plannin
Department Bud2et as follows:
From:
2/26/02 10
B.8020.1.100.100 Planning, Personal Svcs.,
F/T Employ., Regular Earnings $7,705.18
To:
B.8020.1.100.200 Planning, Personal Svcs.
F/T Employ., Overtime Earnings $5,178.13
B.8020.1.200.100 Planning, Personal Svcs.,
P/T Employ., Regular Earnings 2,361.00
B.8020.4.600.100 Planning, Contractual Expenses,
Misc., Legal Notices 166.05
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#135
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence to a
Town Employee, commencing with her last day of work on February 25, 2002, while utilizing her
sick time, through March 13, 2002; and be it farther
RESOLVED that the effective date of employee's leave under the Family Medical Leave Act (FMLA)
is the day after her last day of work and will continue her group health insurance benefit for the
duration of said leave of absence.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#136
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution #72,
approved at the re2ular Town Board meetins! January 29, 2002, authorizing Police Officers to
attend the law enforcement SNAP Long Island conference. The Con'ference has been cancelled and
there is no reschedule date at this time.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was.duly adopted.
#137
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budge as follows:
To:
A.1330.4.100.100 Office Supplies 600.00
A.1330.4.600.200 Meetings & Seminars 425.00
From:
A.1330.1.300.100 Seasonal Employees Regular Earnings 1,025.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#138
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Ftind
Whole Town 2001 budge as follows:
To:
A.6772.1-100-100 Full-time regular earnings $ 500.00
A.6772.1.100.200 Full-time overtime earnings 150.00
A.6772.1.100.300 Full-time vacation earnings 4,100.00
A.6772.1.100.400 Full-time sick earnings 16,700.00
A.6772.4.100.125 Kitchen supplies 550.00
A.6772.4.100.200 Gasoline & Oil 950.00
A.6772.4.100.700 Food 1,300.00
A.6772.4.400.600 Equipment Repairs 550.00
A.6772.4.400.675 Dishwashing 150.00
From:
2/26/02
A.6772.1.200.100 Part-time regular earnings $ 1,000.00
A.6772.2.500.700 Kitchen Equipment 1,200.00
A.6772.4.100.100 Office Supplies 200.00
A.6772.4.100.150 Disposables 300.00
A.6772.4.200.100 Cellular Telephone Service 100.00
A.6772.4.600.300 Travel Reimbursement 100.00
A.9015.8.000.000 Police &Fire Retirement 22,050.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#139
Moved by Councilman Richter, seconded by Justice Evans, it was
RIESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for resumes Seasonal Police Officers.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#140
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RIESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2et as follows:
To:
Public Safety Communications
A.3020.1.100.200 Full-time overtime earnings 8,500.00
A.3020.4.200.100 Telephone 2,900.00
A.3020.4.400.600 Equipment Maintenance &Repairs 300.00
A.3020.4.600.300 Travel 25.00
Police
A.3120.1-100.200 Full-time overtime earnings 87,500.00
A.3120.1.100.300 Full-time vacation earnings 1.00
A.3120.1.100.500 Full-time holiday earnings 24,400.00
A.3120.1.300.200 Seasonal overtime earnings 400.00
A.3120.4.100.125 Law Book Service 300.00
A.3120.4.100.600 Uniforms &Accessories 300.00
A.3120.4.100.700 Prisoner Food 200.00
A.3120.4.400.400 Laundry& Dry Cleaning 900.00
Bay Constable
A.3130.1-100.200 Full-time o%yertime earnings 4,000.00
A.3130.4.400.600 Buoy M,i i oi i Qj-)ance 1,000.00
Juvenile Aide Bureau
A.3157.1-100.300 Full-time vacation 1,100.00
A.3157.1-100.500 Full-time holiday earnings 400.00
A.3157.4.100.200 Gasolinek. Oil 10.00
A.3157.4.600.100 DARE Proinotional Handouts 4.00
A.3157.4.600.150 DARE StUdClIt Supplies 10.00
A.3157.4.600.200 DARE Training 40.00
Emergency Preparedness
A.3640.2.500.700 Communications Equipment 600.00
From:
Public Safety Communications
2/26/02 12
A.3020.1.100.100 Full-time regular earnings 10,900.00
A.3020.1.100.500 Full-time holiday earnings 5,600.00
Police
A.3120.1.100.100 Full-time regular earnings 55,700.00
A.3120.1.200.100 Part-time regular earnings 1,800.00
A.3120.1.300.100 Seasonal regular earnings 8,100.00
A.3120.1.600.500 Retirement Reserve 3,000.00
A.3120.2.300.100 Automobiles 2,300.00
A.3120.2.500.325 Trailer 2,200.00
A.3120.2.500.700 Soft Body Armor 2,600.00
A.3120.4.100.200 Gasoline & Oil 6,400.00
A.3120.4.100.500 Tires 1,200.00
A.3120.4.400.650 Vehicle Maintenance &Repairs 1,000.00
A.3120.4.600.200 Police Officer Training 1,300.00
A.3120.4.600.300 Travel Reimbursement 1,300.00
Bay Constable
A.3130.1-100.100 Full-time regular earnings 3,000.00
A.3130.4.100.200 Gasoline& Oil 1,500.00
A.3130.4.400.650 Vehicle Maintenance &Repairs 1,000.00
A.3130.4.400.700 Dock Rental 2,400.00
Juvenile Aide Bureau
A.3157.1.100.200 Full-time overtime earnings 300.00
A.3157.4.600.300 DARE Fishers Island Travel 600.00
Emergency Preparedness
A.3640.1.200.100 Part-time regular earnings 3,300.00
A.3640.4.200.100 Emergency Preparedness Telephone 1,400.00
A.3640.4.600.200 Emergency Preparedness Meetings 800.00
Employee Benefits
A.9015.8.000.000 Police &Fire Retirement 18,490.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#141
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 Ted
Carpluk from his position as a member of the Architectural Review Committee, and be it further
RESOLVED that the Town Board hereby authorizes and directs Town Clerk Elizabeth NeviHe to
advertise for a new member of the Architectural Review Committee.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#142
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budge as follows:
TO:
A.1110.4.500.200 Justices, C.E.
Court Reporters $ 301.00
A.1110.4.200.100 Justices, C.E.
Telephone—DMV & Crimnet 75.19
A.1110.4.100.150 Justices, C.E.
Pre-printed Items 15.25
FROM:
A.1110.4.400.600 Justices, C.E.
Equipment Maint. &Repair $ 376.19
A.1 110.4.100.200 Justices, C.E.
Law Books 15.25
Vote of the Town Board- Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#143
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
2/26/02 13
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2001 bufte as follows:
To:
B.9030.8.000.000 Social Security Benefits 1,600
From:
B.9055.8.000.100 CSEA Benefit Fund $ 1,200
B.9055.8.000.300 Disability Insurance 400
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#144
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2e as follows:
To:
Buildings & Grounds
A.1620.1.100.300 Full-time vacation earnings 3,200.00
A.1620.4.100.650 Vehicle Maintenance & Repairs 750.00
A.1620.4.200.100 Telephone 8,800.00
A.1620.4.200.200 Light&Power 9,900.00
A.1620.4.200.300 Gas 4,900.00
A.1620.4.600.100 Property Taxes 5,400.00
Superintendent of Hitzhways
A.5010.1-100.300 Full-time vacation earnings 5,300.00
A.5010.1.100.400 Full-time sick earnings 3,500.00
Street Li2htin
A.5182.4.400.650 Vehicle Maintenance & Repairs 800.00
From:
Buildings & Grounds
A.1620.1-100-100 Full-time regular earnings 5,000.00
A.1620.4.100.100 Miscellaneous Supplies 13,000.00
A.1620.4.100.250 Heating Fuel 9,000.00
A.1620.4.400.200 Property Maintenance/Repairs 7,000.00
Street Li2htin
A.5182.1.100.200 Full-time overtime earnings 1,500.00
A.5182.4.200.250 Street Liglit Power 7,050.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evaos. Supervisor Horton.
This resolution was duly adopted.
#145
Moved by Councilman Romanell I, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2e as follows:
To:
A.8090.1-100-100 Full-time regular earnings 1,430.00
A.8090.4.600.100 Legal Notices 25.00
From:
A.8090.1.200.100 Part-time regular earnings 45.00
A.8090.4.100.100 Office Supplies 120.00
A.9015.8.000.000 Police&Fire Retirement 1,290.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#146
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2et as follows:
To:
A.8660.1-100-100 Full-time regular earnings 550.00
2/26/02 14
A.8660.1.100.200 Full-time overtime earnings 501.00
A.8660.4.100.100 Office Supplies 20.00
A.8660.4.200.100 Cellular Telephone Service 150.00
From:
A.8660.4.100.600 Conitnunity Service Supplies 100.00
A.9015.8.000.000 Police &Fire Retirement 1,121.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#147
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
Elizabeth NeviHe to advertise for bids to supply sports U2htim systems at Robert W. Tasker
Park(Tennis Courts), Jean W. Cochran Park(Roller Hockey Rink) and (Adult Softball Field), in
accordance with the plans and specifications prepared by James Richter, RA.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#148
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
Elizabeth Nevflle to advertise for bids to install sports h2hting systems at Robert W. Tasker
Park (Tennis Courts), Jean W. Cochran Park (Roller Hockey Rink) and (Adult Softball Field),
in accordance with the plans and specifications prepared by James Richter, R.A.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#149
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold'hereby authorizes Town Clerk
Efizabeth Neville to advertise for bids to construct 3 tennis courts at Jean W. Cochran Park, in
accordance with the plans and specifications prepared by James Richter, RA
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#150
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Clerk
Elizabeth Neville to advertise for bids to construct an Adult Softban Field at Jean W.
Cochran Park, in accordance with the plans and specifications prepared by James Richter, RA.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#151
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to Senior B
Constable Donald Dzenkowski to attend the NYS DEC Re-certification Course for Professional
Applicators on Wednesday, February 27, 2002, at the Morgenstern School, Woodbury, New York.
These are the last credits needed to complete his certification permitting us to paint the boat bottoms.
Registration fee for this course is $66.60, which shall be a legal charge to the Bay Constable meetings
and seminars budget line - A.3130.4.600.200. Travel will be by Town vehicle.
Vote of the Town Board.--- Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#152
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Fishers Island
Ferry District budget as follows:
2/26/02 15
From:
SM 1310.4 Accounting $1,300.00
SM 1930.4 Insurance Claims $1,179.79
SM 1950.4 Property Tax $12,167.74
SM 5610.4 Elizabeth Airport $13,878.50
SM 5710.1 Personnel Services $69,425.43
SM 5710.2 Ferry Repairs $43,167.64
SM 5711.4 Office Expense $2,061.23
SM 5713.4 Mail $400.00
SM 9060.8 Hospital &Medical Ins. $7,642.97
SM 9710.6 Serial Bonds - Principal $2,203.68
$153,426.98
To:
SM 1910.4 Insurance $10,938.88
SM 5708.2 Terminal Project $98,586.86
SM 5709.2 Repairs Docks $30,255.96
SM 5710.4 Operation Ferry $3,772.75
SM 5712.4 Commissioner Fees $50.00
SM 7155.4 Theater $1,775.29
SM 9010.8 NYS Retirement $3,594.00
SM 9030.8 Social Security $2,139.30
SM 9710.7 Serial Bonds - Interest $2,313.94
$153,426.98
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#153
Moved by Councilman Richter, seconded by Councilman Wickham, it was
R-ESOLVED that the Town Board of the Town of Southold hereby amends Resolution # 8 adopte
at the regular meeting of the Town Board on January 3, 2002, as follows:
To:
Revenues:
A.2025.00 Special Recreation Facility $145,000.00
Park&Playground Funds
Appropriations:
A.1620.2.500.825 Building& Grounds, Capital Outlay
Cochran Park Improvements $105,000.00
A.1620.2.500.850 Building& Grounds, Capital Outlay
Tasker Park Improvements $ 40,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#154
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RIF,SOLVED that the Town Board of the Town of Southold hereby accepts the letter of intention to
retire from Robert P. Knauff from his position as Manner/Secretary of the Fishers Island Ferr
District effective on or about April 1, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#155
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RIF,SOLVED that the Town Board of the Town of Southold hereby accepts the letter of resignatio
from Thomas F. Doherty, Jr. from his position as Conmiissioner of the Fishers Island Ferr
District effective February 19, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
2/26/02 16
#156
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas F. Doherty, Jr.
to the position of Manner of the Fishers Island Ferry District effective March 4, 2002 at a salary
of$80,000.00 per annum.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#157
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 bud2e as follows:
To:
A.1010.4.500.300 Environmental Consultants 795.00
From:
A.1010.4.500.200 Labor Relations 795.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#158
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby %!rants Permission to Detective
Beth Dzenkowski to attend the New York Police Juvenile Officers Association quarterly meeting
in her capacity as Secretary, commencing Thursday, March 7 through Friday, March 8, 2002, in
Poughkeepsie, New York.
The Association covers all expenses for meals and accommodations. Expenses would be
approximately $40.00 for transportation costs (gas and tolls). These costs will be a legal charge to the
Juvenile Aid Bureau budget line.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#159
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby 2rants Permission to Detective
Sergeant John Sinning to attend the Middle Atlantic-Great Lakes Or2anized Crime Law
Enforcement Network (MAGLOCLEN) 2002 Annual Business Meetin and "The New Face of
Terrorism" Information Sharing Conference, as the Department's representative, commencing on
Monday, April 22 through Friday, April 26, 2002, at the Sheraton Cleveland City Centre Hotel,
Cleveland, Ohio.
Hotel accommodations and airfare will be paid by MAGCLOCLEN. Registration fee for the course is
$100, which will 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, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#160
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that pursuant to Section 64(1-a) of the Town Law, a Petty cash fund is hereb
established in the amount of$200.00 for the Human Resource Center.
Vote of the Town Board,.-- Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#161
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Horton and appropriate personnel of the Fishers Island Ferry Distric , to execute any documents
required to effectuate a lease agreement between the Town of Southold and the New York State
Police for the use of Town property for the State Police House located on Fishers Island subject to the
approval of the Town Attorney.
2/26/02 17
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#162
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold is in support of the reinstatement b
Cablevision of WLNG Radio simuleasts to Channel 14 on Optimum TV.
COUNCILMAN MOORE: I just want to make one comment. I apologize. We don't know why
Cablevision did this. They just dropped LNG from Channel 14. 1 am meeting with them on Thursday
to continue negotiations on the franchise agreement, and I will ask them pointedly why they chose to
do this, and let them know we are not pleased with that decision.
SUPERVISOR HORTON: To follow that up, I believe the five East End Towns have all passed a
similar resolution in support of WLNG broadcasting on Channel 14, as it is certainly a source of
information particularly in regard to storms, hurricane watch, school closure, so on and so forth. So,
we are definitely in support of this. My vote will recognize I am support of WLNG maintaining its
position on Channel 14.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#163
Moved by Councilman Wickham, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of
residential leaves and brush at the Southold Town Landfffl, free of charge, four (4) weeks prior
to and during the scheduled Fafl and Spring Cleanup Week(s) in the year 2002, (beginning April
20 through May 19), as per the request of Peter W. Harris, Superintendent of Highway' s.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#164
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS the Town Board of the Town of Southold has received a petition to amend the Zoning
Map of the Town of Southold by changing the Zoning District designation of SCTM # 1000-035.00-
01.00-004.000 from the Low 1)ciisity Residential (R-40) to the Affordable Housing District (AHD),
NOW THEREFORE BE IT
RESOLVED that pursuant to Section 265 of the Town Law and requirements of the Code of the Town
of Southold, Suffolk County, Ncw York, the Town Board of the Town of Southold will hold a
PUBLIC HEARING on the A foresaid LOCAL LAW at the SOUTHOLD TOWN HALL, 53095
Main Road, Southold, New York at 5:00 p.m., Tuesday, March 26, 2002. The purpose of the Local
Law is to Change the Zoning L)istriet Designation of SCTM # 1000-035-00-01.0-0-004.000 from the
Low Density Residential (R-40) to the Affordable Housing District Designation. The petitioner for this
request is MaTine Inc.. The Prol)erty is approximately 5.7 acres located in Greenport, New York.
The Local Law is entitled, "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF
SOUTHOLD BY CHANGINIO THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-
035.00-01-00-004.000 FROM THE LOW DENSITY RESIDENTIAL (R-40) TO THE
AFFORDABLE HOUSING DIS1RICT(AHD)".
SUPERVISOR HORTON: I would just like to say one thing in regard to this, if you don't mind Ms.
Nordan, expressing something diat you expressed to me prior to coming into the meeting. It was
relayed to me by Ms. Nordan tliat one very positive experience that has come out of this whole
question in regard to the application is that her community experienced a great deal of togetherness and
communication within the coniniunity, and I think that anytime people get together and speak
regardless of the issue is a positive thing, so thanks for telling me that. I appreciate it.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
ED SIEGMANN: I have a point of infori-nation on one of your resolutions, if you don't mind.
2/26/02 18
SUPERVISOR HORTON: Actually, Mr. Siegmann, if we could wait until after the resolutions have
been taken care of as protocol. We have one more.
#165
Moved by Justice Evans, seconded by Councilman Richter, it was
RIESOLVED that the Town Board of the Town of Southold'engage in the services of the firm of
John J. Raynor,P.E. & L.S., P.C., to prepare an initial SEORA Review for the change of zone
(Marine I to General B) application of Amerada Hess for the property identified by SCTM#1000-
122-3-10 and located at the comer of Bay Avenue and Route 25 in Mattituck,New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
SUPERVISOR HORTON: I will open the floor.
ED SIEGMANN: Ed Siegmann. On the resolution that Councilman Wickham made in reference to
some monetary adjustments in the Police Department, did I understand you correctly to say that one of
them is $87,000?
COUNCILMAN WICKHAM: Yes.
ED SIEGMANN: Could you explain what that $87,000 is for?
COUNCILMAN WICKHAM: I can't really explain what it is, although there is a listing there, but I
think the Board needs to explain what all these budget modifications are about. Under State Law we
have a line item budget for every department. Every department is supposed to spend exactly what is in
that line. If they overspend by a few dollars the Town Board has to enact a resolution to fund that line
by a few dollars, so that at the end of the year it is exactly used up. There is no surplus, and there is no
deficit. It seems to me an unusually cumbersome and unnecessary process, but that is what the law
requires, and that is why we have to go through this business each year. The Police Department was
overdrawn on what line?
JUSTICE EVANS: Full-time, overtime.
COUNCILMAN WICKHAM: Full-time overtime earnings were short.
JUSTICE EVANS: That is where the$87,000 came from.
SUPERVISOR HORTON: The amount you are referring to you are asking about is for falltime
overtime earnings of$87,500 to answer your question.
ED SIEGMANN: Is this a normal thing? It happens every year?
COUNCILMAN WICKHAM: Yes.
JUSTICE EVANS: And if you get on the other side they took $55,000 plus from fulltime regular
earnings. So, it doesn't quite balance out, but still what would have been in regular earnings in
overtime came from the regular earnings line.
COUNCILMAN WICKHAM: All of those adjustments were made from within the Police budget.
They were taken from various items, and filled up in some, and taken from others, and filled up in the
others.
ED SIEGMANN: Thank you.
SUPERVISOR HORTON: Thank you. Any more comments from the floor?
CARL VAIL: My name is Carl Vail. I live at 3230 Stillwater Avenue in Cutchogue, and I am here
tonight to address Supervisor Horton, and you Councilman and Justice Evans, and Mrs. Neville on the
matter of our petition, which we would like to present to you, and I would just like to read the petition.
It is brief, and then present it to you with several comments. We are the residents of Southold, who
wish to protect the wetland deep within Cutchogue's East Creek from development. This one and a
half acre plus parcel is more than half marshland, which includes a 300-foot stretch of environmentally
sensitive wilderness separating Stillwater Avenue from the creek. The owner needs special Town
permission to build on this ribbon of land. We rather that the Town buy it from the owner, and
2/26/02 19
preserve it forever. It is a long stretch (tape change) Cutchogue, and gentlemen, I am going to present
you with this petition, but I just want to say that over 90% of the people we approached signed this
enthusiastically and willing, and they are all members of this town, although there may be several
people who aren't in this petition. People were so enthusiastic about it, and some of them even offered
us money. So, I just would like to say we think this is a positive solution to a problem, and although it
is a small parcel we think that every small piece of marshland is important.
COUNCILMAN WICKHAM: Have you approached the owner?
CARL VAIL: We have approached them in a negative way through the Town Trustees by opposing
his petition to build on the parcel, and that has been our only approach, and now we felt that this was a
more affirmative approach to resolve this situation. It would be a good situation for everybody, so we
are just trying to take it up a notch and do the right thing. That is our feeling on it.
SUPERVISOR HORTON: I would just like to make a brief statement that often times I am a bit
concerned about'bringing a private property owner's name into the public forurn prior to the Town
contacting them first, so he doesn't find out by surprise that he has been dragged into the papers, so I
certainly can appreciate the petition, and the interest, and I certainly welcome further conversation
about this in my office. But for the landowners sake I sometimes think it is unfair that person be
dragged into the public form in the papers. That person does own the property, and I think out of
respect to the property owner that they need to be kept in the loop in regard to other people's designs
for their property. But, I appreciate the petition, and please contact my office, and contact Melissa
Spiro.
TIM WACKER: I am Tim Wacker, 595 Track Avenue, Cutchogue. I understand there is an outreach
program of sorts that the Town can pursue the property owner if it is interested in acquiring a particular
parcel. Is that correct?
SUPERVISOR HORTON: Yes.
TIM WACKER: In that case by bringing this to the Board's attention we just want to say that we
really think this a good idea, and we would love to see you all pursue acquisition of this property by
that outreach program, and certainly if you could contact the property owner and inquire about that. I
had downloaded something from the Internet. It is actually the Senate Bill, which created the
Community Preservation Fund throughout the East End towns, and rather than bore you with more
theatrics it basically says the idea of this bill was to preserve lands that would preserve the quality of
the Peconics. I live close to this piece of property. I enjoy walking past. It is a beautiful stretch of land.
The idea of putting a house on such a narrow stretch of land would really change the whole character
of that stretch, and I would just urge you if you have the opportunity to past there. Mr. Wickham, I am
sure you are familiar with the piece of property we are talking about.,It is not far from your orchards.
Putting a house on this piece of property would really overload it. I beg you all just to go down there,
drive past it, take a look at it, and see if you don't think it merits looking at, and perhaps approaching
the owner through the Town's outreach program. Thank you very Much for your time.
SUPERVISOR HORTON: Thank you, Tim. Sir?
PETER BELL: My name is Peter Bell, 3580 Stillwater Avenue, Cutchogue. I would like to address
you all on the same question. The lady that wrote the article that appeared on page four of the Suffolk
Times for this week said in her article, East Creek is one of the more polluted in the North Fork.
Runoff elevates levels of fetus chloroform bacteria and heavy metals have been detected in the creek
sediment. It is permanently closed to shellfisliffig. The point I would like to make is, as the headline of
the article says, every little bit counts. During the Trustees' meetings that we have attended over the
course of almost two years the developer originally wanted to build three houses on an acre and a half,
approximately an acre and a half, and we were able to point out to the Trustees, and they agreed with
us that houses could not be built on two of the lots. Then the proposal was that the owner merged his
third lot with the other two. The question is that the third lot is just as bad as the other two. So, we are
faced with a problem where this development is really going to add to what is already a bad situation
in East Creek. We understand that the owner has an interest in the property. We understand that. That
is why we put the petition out because we wanted to have a fair solution for this problem, but five
hundred people signed that petition, and as my friend Carl said, they were enthusiastic about it. They
felt that this was the best solution possible, where the Town could come to an agreement with the
developer for a certain amount of money, and then the Town would own the property, and we would
all own the property, and the creek would have a chance to revitalize itself by eliminating at least the
development to this part of the creek, where the headlands of several freshwater streams come into this
place. As Carl said it is the headwaters of East Creek on this particular part, and it is home to many
2/26/02 20
animals that we are all familiar with. So, we ask the Town to, you know, take these things into
consideration. Contact the owner. Find out if this can be done. We understand there is money
available, and this would benefit the whole town, and eventually clean up these creeks.
SUPERVISOR HORTON: Thank you, and the Board will take that into serious consideration. I
appreciate the input. Sir?
HAYDEN ALLEN: I didn't know anything about this land being wanted to be developed and have a
house put on until I read it in the paper, but my family has been at the head of the creek since 1917,
and we have a little gully going up behind our place, that little section that goes to Stillwater Avenue.
It is a breeding ground for the life of the creek, and I would certainly hope that you do what the
gentleman asked. I am so annoyed. I can't go clamming in that creek anymore. I used to go and get a
lot of nice clams, so I hope you can preserve that area at least. Hayden Allen, 320 Eugene's Road,
Cutchogue.
SUPERVISOR HORTON: Thank you so much, sir.
DONALD WAGNER: Thank you, Mr. Supervisor. My name is Donald Wagner, and I am at 52820
Route 48 in Southold. I hope this hasn't been brought to your attention before of possible discrepancy
on the tax bills. When I got my tax bill I was a little perturbed when I saw in the right column percent
increase and slash decrease that the Town tax went up 10.5%. So, I looked at last year's tax bill, and
there was no way I could come up with 10.5% as an increase over last year, so I went to the Assessors'
Office down the hall here on my right, and two very nice ladies there indicated to me that, oh no, this is
the percent increase on the budget over the previous year. So, basically I would ask if no one has
spoken to you before that you take the necessary steps to make this tax bill appear more accurate,
because if you use the actual tax increase over the preceding year instead of 10.5% you are only about
an 8.2%, which is a point in your favor. However, it still exceeds the cost of living by about, which
was 2.6% last year, it is triple that, which is bad for the taxpayers, because as you know in your
resolution #164 you are talking about affordable housing. The price of affordable housing is one thing.
The upkeep on affordable housing is the second item, and when the taxes keep going up, up, up, this
can be a disaster. Along those lines in an effort to hold down your cost here. Greenport Village, in my
opinion, did a couple of very good items here recently. They are going to lease a half-acre of their
property, I believe it is on Moore's Lane there, to a private power company for $96,000 a year, and
they are going to put six generators in there I believe according to the article. My question is, why
can't the Town do something like that, which would help all the townspeople. I am sure we have a
piece of land where we get some private company to pay us $96,000 a year, or a percentage of the
return however it worked out, but that is one item, which I would ask that the Board seriously consider
here in an effort to hold down our taxes for next year, or the future years. The last item, I also have a
pet peeve on power. I have met with Kessler a couple of times in the past, and I don't agree with all his
philosophy at all. Again, the Greenport Village gets most of their power, in fact all of their power,
except in emergency times, from the New York State Power Authority, and they only pay about $.08 a
kilowatt hour. We pay $.13 a kilowatt hour right now. So I wrote our State representatives, and
Assemblywoman Pat Acampora sent me the best response, and she says, that right now they can't do
too much, because the New York State Power Authority has leases for their power that they produce to
Greenport Village, two villages down in Nassau, as well as private industries such as Newsday, and the
old Grumman location in Nassau there. So, these leases expire according to Assemblywoman
Acampora in 2007 and 2013. 1 would urge the Board to put together a letter immediately, if not in the
very near future to the New York State Power Authority, as well as our State representatives, asking
them to include us in some of this power, or include LIPA into this power, sell the power to LIPA, so
that our rates can be reduced to a more realistic point. Living in Southold, and seeing what the folks in
the Greenport Village pay for electricity it just doesn't add up when you are talking about $.08 a
kilowatt hour versus $.13 a kilowatt hour. So, I would urge the Board to do something to take
advantage of this, not this year, but in the years to come as soon as it can be done. Thank you very
much.
SUPERVISOR HORTON: I would like to speak briefly to one of your comments, sir, and I have
worked with Deputy Supervisor and the Town Comptroller at this point to take a look at this year's
budget, and what we are looking at is a reduction in appropriations within this year's budget, and if
there is any reduction in appropriations that we can make. I called for each department to deliver 13%,
and we are getting various levels of success in that, anything from 1% to about 9 or 10%, so this
administration certainly has an eye towards saving. At the same time we are looking to streamline and
better outfit our department, so we can deliver the quality, if not better, services to the town, so I
appreciate your input, and we are certainly moving in that direction without a doubt. Thank you. Any
other comments from the floor? Sir?
2/26/02 21
ERIC BRESSLER: Supervisor, members of the Board, except for Mr. Moore. My name is Eric
Bressler from Cutchogue. I would like to briefly address the Board this afternoon on a matter which is
becoming of increasing concern to me with the passage of time, and that appears to be the continuing
deadlock that is afflicting this Board with respect to the provision of legal services. When I was here
some time ago on another matter the issue came up, and it was my understanding at that time that issue
was being discussed, but unfortunately since that time virtually nothing has happened, and I understand
that there are various reasons that, and I really don't want to get into the politics of what is going on. I
don't care about the politics of what is going on, and quite frankly I think that should really not play a
part in such an important issue as the provision of legal services to this town. My feeling on that is
very simple. My feeling is that leadership ought to have their choice of counsel. I think that politics
ought to take a back seat to that. That having been said I would like to speak briefly to the substance of
that, which I did not do last time, and that is to address someone who is of particular concern to me,
and someone whom I think would be of great value to the Board, and that is my colleague Dan Ross,
who's name I know has been put up for consideration, and various things have happened. Dan Ross
worked with me for many years some time ago before he struck out on his own. I know him well. He is
honest, and trustworthy. He has experience as a Greenport Village attorney. He has experience as
Patchogue Village attorney. He has withstood trial by fire, trial by combat. He has the qualities that I
think this Board ought to be looking for, and those qualities are not only his experience, but his
disposition. People enjoy working with him. He is easy to get along with. That is not to say he is a
push over, but he is easy to get along with. He is a problem solver, not a problem creator. He looks for
creative ways to get thing done, and moved along, and it seems to me that given those attributes and
given the current leadership of the Board, that there is a perfect match, and I would urge the members
of the Board, and I am sorry Mr. Moore isn't here. I would urge the members of the Board to put aside
for a moment partisan politics and give leadership that which I think leadership is entitled to.
Everybody understands what happens with changes in administration, and what I am seeing here is
decision by non-decision. That is not satisfactory to me. It is not satisfactory to me as a citizen to
watch the Board limp along by non-decision, tic votes, and other political stuff, and to me that does not
address the needs of the town, so I urge you, number one to arrive at an affirmative decision, not a
decision by default, not a decision, or a non-decision by deadlock. Make a decision. Make the right
decision, and consider my colleague Dan Ross, because I think he is a good choice, and I think he
would serve the Town well and faithfully. I urge you to make an affirmative decision. Thank you.
SUPERVISOR HORTON: Any other comments from the floor? (No response.) If I could speak to
that as well very briefly I, too, voice very strong support for Dan Ross, and I have made very respectful
and clear requests, and arguments on behalf of Mr. Ross. I have as well continued very respectful and
working relationship with current counsel, but it is not a mystery. It not a secret that I have asked him
to resign, both in writing, and in person, and 1, too, am working very hard with this Board to reach an
agreement and my request and my faith lies in Dan Ross as well. So, thank you, Mr. Bressler. Are
there any other comments from the floor?
PETER BELL: Is there any procedure that you go through, that you will let us know about anything at
that?
SUPERVISOR HORTON: What I will do is I will contact you. Are you Mr. Bell? Okay. I will let you
know when our Land Preservation Office and the Town Board has discussed further, and when we
appropriately and cordially reach a decision and contact the landowner.
PETER BELL: He is in Florida. That is the point.
SUPERVISOR HORTON: If he is in Florida we will have to deal with it as such. We will keep you in
the loop. I certainly appreciate that. Are there any other conunents from the floor?
COUNCILMAN WICKHAM: I have two brief comments. I hope they will be brief. The first on is that
the I't of March is Annual Tax Status Day. What that means is that anybody that is seeking
applications before the Town to get a reduction in their property taxes for a variety of reasons. Among
farmers they can sign up for the agricultural district. Among senior citizens there is the STAR Program
to get reduced rates on taxes. The exemption forms are in the Tax Assessors Office. Remember the
deadline is March 1. Anybody who does not sign up for whatever statutory exemptions are available to
them by that date will miss for this year. It is actually for this coming year for the taxes. I would like to
take a couple of minutes and outline what has happened on this Blue Ribbon Commission for
preserving a rural Southold. We had a meeting last night. We meet essentially every Monday night.
This coming Monday night we will be hearing from the CEO of the Suffolk County Water Authority,
Steve Jones. He is going to spend about an hour outlining to us what the Water Authority's plans are in
the Town of Southold, and the impact of those plans will be on a planning process and preserving
properties here in the town. The second hour he will spend about talking about a report that he
2/26/02 22
prepared for the town about two years ago on how to preserve land while permitting a certain amount
of development in other parts of the Town. The Monday after that, which will be two weeks from
yesterday, a group of farmers who are on the Blue Ribbon Commission, will present the first set of
proposals, put them on the table, as ways that we think, when I say, we, the Commission, we believe
can help to preserve farmland in this town. It will be the first set of proposals that we can get our teeth
into. No doubt there will be a lot of cutting, and filling, and changing, and amending, but at least we
will have something we can deal with and begin the process of coming up with a series of proposals.
Last evening at our meeting we had the President of the Peconic Land Trust with us. The Trust as you
may know is the conservation advisors to the town. They are engaged by the Town to assist the Town
in various conservation and preservation measures. The President of the Trust, and he has been John
Halsey. He has been with them for almost twenty years now. He started the Trust. He outlines to us a
whole range of means and techniques by which land, farraland in particular, can be preserved. Most of
them are voluntary means. They take advantage of things like charitable gifts, gifts of easements, sale
of easements, sale of development rights, conservation opportunities, subdivisions by which the
majority of the land can be preserved for fanning. One of the interesting parts to me of that meeting
last night was the experience that has assisted in the Town of Southampton. Southampton has been
undergoing many of the same kinds of problems that we have, rampant development, accelerated lose
of fariffland, and there has been many of the same impulses and the same kind of emotions over in
Southampton with how to deal with this. What he said was, that what really turned things around in
Southampton was when the various parties began listening to each other. Of course, we all have an
agenda. We all have the objectives we want to achieve, and normally people drive and try to achieve
those objectives. What he said was that finally the farmers began to listen to the public officials as to
what the Town wanted to do. The Town official began to listen to the environmental community as to
what they thought was important. The conservation people had their own ideas, and finally when
people began to listen they actually began to get a plan in place. It was that listening that I think is
important, and which is happening in this town as part of this Blue Ribbon Commission, and I might
add even beyond the commission through the pages of the newspapers, and through the meetings that
happen in a number of ranges of conditions. So, I hope that we can all here be part of that process, and
be ready to deal with the proposals that are put on the table to listen to people with different points of
view towards a package of proposals, which will be put on this Board's desk as of the end of June. I
guess that is all I really have to say. Josh, you may want to comment.
SUPERVISOR HORTON: I don't want to hold you up all evening, but yes, as you know a couple of
weeks ago this Town Board I think very proudly passed a resolution requesting New York State's fair
share of the Federal Farm Bill. I lobbied Senator Schumer, Senator Clinton. We sent this resolution all
the way up from our Town Boat-d, the five East End Towns that passed it, on up to Capital Hill. The
resolution has gained very strong, and wide support. It has been adopted by the resolution of Towns, so
they will lobby on behalf of every town in New York State to the Governor's Office on into
Washington, DC. This particular resolution was addressed by Congressman Grucci just this past Friday
that Joe Gergala and Tom Wickbam went to meet with him. He supports the resolution. Joe Gergala
and Congressman Grucci have asked me to come to Washington, DC around the week of St. Patrick's
Day to lobby on behalf of New )"ork State and the Northeast Region fair share of the Federal Farm
Bill, which is targeting a large aniount of money, not just for crop subsidies, which Suffolk County is
not eligible for but for the preservation of the farmland in particular. So, I have say I have heard some
editorials, read some editorials in the recent past somewhat cynical about this,but I have to say that the
support of this is received on the State and Federal level is overwhelming, and I am very positive about
some success in this measure. Is fliere anything else?
COUNCILMAN RICHTER: I liave a couple of comments. I will make mine brief also. A couple of
the committees that I am on I might as well report on that, because we have a couple of positives going
right now, one with street lights. We are starting to replace so many existing streetlights. We have
1,200 throughout the town with newer versions that will cost us less money, and we have a
considerable stockpile of these lights that were getting out there right now. We are starting this. Also
with the Highway Department we are going to do an Earth Day Cleanup on April 20th, and we are
going to have more notification out there very shortly on that. We would like to start something in
every one of our hamlets, and pick up litter. That happens to be one of my pet peeve, is litter. In
recreation we are looking to light some tennis courts up on Tasker Park, install some new tennis courts
across on Cochran Park, a couple of new Little League Fields. Southold Little League came before us
at our recreation meeting, and it had somewhere close to 200 children wishing to play Little League, so
we need to expand. We have quite a few teams. Last, on the part of Town Attorney I am not so sure I
agree with politics. I don't see politics entering into this at all. I think each of us has our own opinions,
and that is why were there are so many of us on the Board, there is different members, so we do have
difference of opinions, and I really don't see politics being played here.
2/26/02 23
SUPERVlSOR HORTON: And congratulations to Mr. James Grathwohl, an advocate and a leader in
historic preservation as his own New Suffolk in Cutchogue has just been admitted by New York State
Landmark Preservation, so I believe it is to be put on the National Historic Register. He sits on our
Historic Preservation Committee, and is certainly a pillar of historic preservation, so it is nice to have
someone put their money where their mouth is, historically preserve their home, and set an example for
the community, so, congratulations to Mr. Grathwohl. Thank you all for coming. We appreciate the
input.
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:48 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Elizabeth A. Ne,61le
Southold Town Clerk