For members of the town board, however, how best to manage the town’s waste is a subject of lively debate. Since last year, the board has explored the idea of privatizing waste management operations, or in other words hiring a private company to run the town’s trash disposal service. Privatization could be the key to lowering costs associated with the town program and ease its deficit. However, some members of the board are weary of the plan and believe privatization might fail to accomplish this goal.

In December of 2008, the town hired Cashin Associates, a business consulting firm, to conduct a comprehensive study on current operations of the town’s waste management system and the viability of hiring a private company to take over the reigns of this town service.

“Historically, the town has run its [waste management] operations as a traditional governmental service rather than as a business that must balance its costs and revenues. This approach, in conjunction with providing a high level of service for a relatively limited number of users, has contributed to operational inefficiencies and a general imbalance of income and expenditures within the Department,” wrote the consulting firm in its opening comments. At a work session held Friday, July 10, members of the board estimated the department’s deficit at around $2.8 million, but comptroller Tamara Wright added that this figure was based on unaudited financials. Kabot added that the town is waiting for the year end 2008 numbers, but said “waste management is in deficit condition.”

Based on Cashin’s analysis, around 11 to 14 percent of the town population use the town’s waste stations, however, councilman Chris Nuzzi argued these figures were debatable. Although the number of participating locals may be small, the costs savings are substantial for residents who take advantage of the program. Cashin estimated the average household paid $215 annually for disposal of their household trash at the town waste site. The average annual price for a private trash hauling company was estimated at $521. However, larger families who live farther from waste stations see only 17 percent savings compared to private hauling services.

In recent years, the town has experienced success with its green bag and bulk waste program. Cashin estimated this leg of the waste management program garners an annual revenue of around $819,000, while the expenditure for the green bag and bulk waste service is approximately $790,000. In addition to positive revenues for these particular services, the waste management department has also worked to cut down on expenses. Closing the Westhampton and Sag Harbor stations one day per week has helped lessen costs.

However, Cashin claims the amount of waste disposed at a town facility steadily decreased from 2004 through 2008. They pointed out that the department has almost 25 employees and over the next eight years will need to pay around $4,000,000 for new equipment and vehicles.

Based on their findings, Cashin advised the town to issue request for proposals, or RFPs, “to gauge vendor interest in taking over transfer station operations, handling transport and disposal of most of its solid waste stream.”

Cashin theorized the town could potentially save money by leasing or selling their equipment. The report added that based on prevailing New York State wages, a private contractor could potentially pay around 10 percent less than the town for labor and staffing.

“In recent years, Southampton had experienced a marked improvement in its overall solid waste management operations, including and especially control of labor costs, better tracking of expenses and interdepartmental charges, and phased upgrades to the North Sea Transfer station …,” the report determined. “[T]his study found that the town-run transport and private disposal of green bag and bulk waste currently costs the town approximately $141 [per ton]. This number is substantially higher than what most other Long Island municipalities pay for similar service. Therefore the major recommendation of this Privatization Study is the town of Southampton issue a request for proposals RFP.”

Both Nuzzi and town councilwoman Anna Throne-Holst were reluctant to entertain bids from private companies before the town receives fully completed and solid figures on the waste management’s financial status.

“I still have a lot of analysis to do,” contended comptroller Wright.

Throne-Holst held firm on waiting for the financials before deciding to privatize the waste management program.

“We are having this discussion without the numbers,” argued Throne-Holst, and it appeared the board was at an impasse again on the viability of privatization.

The 15^th annual Oz Trophy race was hosted by Breakwater Yacht Club on July 8th. A critical eligibility requirement was that all yachts have a female helmsman from the warning gun to the finish line.

First place prizes went to Tiffany Skinner (Gossip) in Division 1, Sharon Horn (White Lightning) Division 2 and Andrea Bourel (Plurabelle) Division 3.

The 2009 race was sponsored by Dear Plum, a fashion company specializing in beach/boat bathing suit cover-ups. First place winners in each division received a gift from Dear Plum.

Sailing conditions changed dramatically during the course of the race. At the start, winds were out of the Northwest at 5 knots with an ebbing tide. By the finish, winds had increased to 30 knots out of the Northeast. The change in conditions was not without incident. The Race Committee’s boat, stationed at the finish line, began dragging its anchor as yachts were finishing. When their engine would not start they were rescued by the committee boat at the other end of the line and towed back for re-anchoring.

As with all sanctioned sailing races, a cardinal rule is that yachts must finish with as many crew members as they start with. Loki was forced back to pick up crew Madeleine Kiss after a gybe sent her into the water. Loki did a 720 degree penalty round to pick Madeleine up. 

Further confusion forced Purple Haze and Roxanne to withdraw after rounding one race marker to port rather than to starboard.

Summer Series Rescored

The first four races of Breakwater’s Summer Series were re-scored as one yacht changed Divisions and another’s rating was revised. In the June 3^rd race, Skoot took honors in Division 1, Wave Equation in Division 2 and Plurabelle in Division 3. In the June 10^th race, Gossip placed first in Division 1, White Lightning in Division 2 and Plurabelle in Division 3. On June 17^th, Skoot again finished first in Division 1; Osprey finished first in Division 2 and Plurabelle again took first in Division 3. The June 24^th race saw Ice-Nine in first place in Division 1, Osprey in Division 2 and Plurabelle in Division 3. The July 1^st race was won by Gossip, Division 1, Kingfisher, Division 2 and Loki, Division 3. The Summer Series continues July 15^th, 6 p.m. in Major’s Cove.

The Sag Harbor School Board appears poised to let the public vote on a $6 million dollar plan that they say would solve many of the district’s most pernicious problems including bringing the two buildings up to state code and other safety issues.

A Long Range Planning Committee report by Larry Salvesen and Fred Seeba, of BSS Architects and Engineers compiled the combined cost of many construction and maintenance projects that have been discussed in previous years. Some of these projects are required to bring the building up to state and federal code, while others are simply beautification projects.

The first number that Salvesen and Seeba presented to the board was $5,781,670, a figure they say could be brought to a referendum vote as early as December. This number was broken up into three sections; the bulk of the money — $4,311,229 — would go to the “projects list” – filled with the construction projects to improve and bring the building up to code, such as ventilation improvements in the elementary school, roof replacement on the high school gym, and replacement of all door knobs with levers — a provision of the Americans With Disabilities Act.

Another  $434,441 would go directly to what Salvesen and Seeba call the maintenance list, projects in both the elementary and middle/high schools which require urgent attention or create a hazardous situation. The final $1,035,000 would be relegated to the creation of additional parking. The report points out that currently the Sag Harbor School District is 39 spaces short of what is required by state code.

“You can see there is a shortage of parking,” said Salvesen.

The report recommends expansion of the elementary school Hampton Street “U-lot” by 25 stalls, and expansion of the Atlantic Street lot at the elementary school by 26 stalls. The report also recommends expansion of the middle/high school Jermain Avenue lot  — which Salvesen says is currently “a bit of a free for all” — by 17 spaces.

The creation of these parking spaces would bring the total on school grounds to 231, well over the state’s required number.

“I am very optimistic about this [proposed referendum] because this project will address many long standing problems in the school for about $50 a year for the average homeowner,” said Dr. Gratto citing the committee report saying a home valued at $1,000,000 in Southampton would see an impact of about $50 a year ($48 for a similar home on the East Hampton side of the district).

The long range planning committee also came up with a $12,131,263 proposed auditorium plan to create a modern 415-seat auditorium for the Pierson middle/high school in the school’s current courtyard. The new auditorium would meet code requirements and include cat walks, a 27-foot deep stage, downstairs storage space and a lobby. The current facility is not handicap accessible nor does it have proper egress routes.

“Passing the $6 million dollar plan is feasible now, the auditorium plan is not feasible,” said Wilcoxen who believes it is, nonetheless, good to have plans on hand that could be used in the future.

In addition to these two proposals, an Energy Performance Contract was submitted to the board by Seeba containing recommendations for energy conservation measures totaling $1,866,005 such as installation of energy-saving windows, use of energy efficient light bulbs and the addition of solar panels. If included in the proposed December 1 referendum vote, Seeba and Salvesen estimate that EPC construction could be completed as early as October 2010.

In total the Long Range Planning Committee Report includes $19,778,938 in proposed spending.

“Having this number is quite helpful, because we need to budget these things over time,” said Wilcoxen.

Some people in attendance voiced concern over the recent salary increase of Dr. Gratto. His 13.5 percent raise increases his salary by $25,000, to $210,000. Wilcoxen repeated what he has said earlier about the increase, noting that Dr. Gratto performed admirably in his evaluation and that “we started him at below market salary…even with the raise we are getting a little bit of a discount here.” The evaluation has not been made public, but Wilcoxen maintained that Dr. Gratto, “met or exceeded our expectations.” 

Still, several community members took the opportunity to express their anger over the raise during what some called “this tough economic time.”

“Why did the board go about the salary increase of superintendent Gratto in a way that kept it secret from the public?” asked former board of education president Walter Tice. He went on to say that he learned about the raise not from the board but from an article in The Sag Harbor Express.

“You owe the community an apology on how it was handled,” Tice added.

“It was a consensus decision,” responded Wilcoxen. I am not going to apologize for it. It wasn’t a secret.”

The board also introduced Montgomery Granger, the new director of physical education, health and athletics/ supervisor of building and grounds. Granger replaces Bill Madsen, who recently resigned, and will serve a three-year probationary term beginning in August at an annual salary of $125,000. Granger was the athletic director at Comsewogue School District from 2000 to 2004.

“I’m thrilled to be part of the team,” said Granger.

The board also addressed several administrative chores and returning board member Walter Wilcoxen, newly elected board member Gregg Schiavoni, school superintendent Dr. John Gratto and district clerk Mary Adamczyk were each administered an oath of office in turn. Wilcoxen and board member Theresa Samot were unanimously reelected board president and vice president respectively

 “Cost Cutting Mode,” is how Southampton Town Supervisor Linda Kabot describes the current state of the town, and cost cutting is just what was happening at Southampton Town Hall this past Tuesday, July 14.

“There is more work to be done, everyone has to tighten up the belt,” said Kabot. The board passed a resolution to amend the 2009 budget by a vote of five to zero. In total the board cut $1 million from their 2009 operating budget.

Across the board the town was looking to slash operating costs. Some of the budget cuts include a $2,500 decrease in microfilming from $5,000 to $2,500; a $50,000 decrease in legal fees from $1,050,000 to $1 million; a $27,000 decrease in vehicle purchase from $27,000 to $0; and a $100 decrease in land management photography from $100 to $0. However much of the money comes from the reduction, or in some cases freezing, of overtime pay, which may total over $500,000.

These cuts were the result of an operating budget that was structurally balanced on the assumption that mortgage tax revenues coming into the town would total in the neighborhood of around $7.5 million. This assumption was made on November 20, 2008 before the full gravity of the recent economic recession was fully realized.

House prices have fallen, which in turn has decreased the revenue from the mortgage tax. In the first half of the fiscal year only $2.5 million has come in from mortgage tax revenues, over $1 million less than projected. If this trend continues, which the town board believes it will, it would leave a $2 million shortfall in the general fund.

“We expected $7.5 million in mortgage tax,” said Kabot. “We are going to get $5.5 [million] if we are lucky,” she further explained that the Community Preservation Fund was hoping for $30 million in revenue from the two percent real estate transfer tax and would be “lucky to get $14 million.”

The amended 2009 budget includes a $342,265 cut from the general fund, $237,921 cut from the police fund and a $72,161 cut from the highway fund, among others. The board said the decision on budget cuts was made with input from various members of the different departments.

Councilwoman Sally Pope said “I appreciate having the extra time to consult with people in town hall.”

 “I know for myself and most of my colleagues, we spent the last two weeks, if not longer, spending time with various department heads working on this,” added councilwoman Anna Throne-Holst.

“This is one small step in the right direction,” Kabot said. “We need to move forward in 2010 with $2 million of further cuts…with personnel changes if need be.”

The budget cuts were followed by a slew of grant applications from various community organizations. Kabot believes these relatively small grant applications, while serving good causes, are part of the fiscal problem Southampton Town faces. Despite her concerns most of these grants, including a $1,000 human services grant for a basketball program and a $1,000 special events interfund transfer for a church block party in Riverside, were passed unanimously. Kabot said that in 2010 the town would consider putting a hold on these small grant applications.

“Every year [grant seekers] ask for more pie, and there is no more pie,” said Kabot.

When police arrived at the scene they found the 41-year-old seriously injured and trapped in his car, while Slaughter suffered only minor injuries. The Bridgehampton Fire Department responded and extricated the 41-year-old from the car and transported him to a landing zone where he was transferred to Stony Brook University Hospital by way of a Suffolk County Police Medi-Vac helicopter. Slaughter was taken to Southampton Hospital for his injuries.

It was later determined that Slaughter’s driving privileges had been suspended eight times for numerous traffic infractions dating back to March 2008. Slaughter faces charges of aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor, and failing to maintain his lane, a traffic infraction.

Slaughter has already been treated and released from the hospital, but police say the 41-year-old is still in critical condition and suffering from life threatening injuries.

After completing a board evaluation of school superintendent Dr. John Gratto’s performance over the past year, the Sag Harbor School board approved a $25,000 salary increase for Dr. Gratto at the last Board of Education meeting on Monday, June 22.
As of July 1, Dr. Gratto’s salary will be raised from $185,000 to $210,000, excluding expenses and benefits, accounting for a nearly 13.5 percent increase. The board argues the raise was well deserved as Dr. Gratto saved the district nearly $1 million through cost cutting measures during the last budget cycle and his salary is less than the East End average for superintendents, but some members of the community contend Dr. Gratto’s raise is significant given the current economic climate and say the board should have been more forthcoming in sharing these figures with the public.
During an interview, board of education president Walter Wilcoxen elucidated some of the main reasons why the board gave Dr. Gratto a raise, many of which stemmed from a June evaluation of Dr. Gratto’s execution of his superintendent duties. In the beginning of June, each board member was given a form to judge Dr. Gratto on his relationship with the board, educational direction and leadership, personnel, financial management, facilities management, community relations, personal qualities and growth, and management functions.
Although, Wilcoxen said he couldn’t release specific details on Dr. Gratto’s evaluation, he noted that Dr. Gratto did extremely well in each category in the eyes of the board members, and that was one of the reasons why they felt he was deserving of a raise. Board member Mary Anne Miller added that the board was in full consensus to give Dr. Gratto a raise.
“Everyone said he did a fantastic job,” reported Wilcoxen. “[In every category] he was above average.”
One of the other main impetuses for the salary increase, said Wilcoxen, was to bring Dr. Gratto up to parity with superintendents in Suffolk County and on the East End. According to Wilcoxen the average salary for the county is around $219,000, while the Eastern Suffolk average is around $206,000 excluding other benefits and expenses, separate from medical insurance or district paid cell phones. If these other expenses and benefits were added to the Eastern Suffolk figure, Wilcoxen said the average superintendent salary would be closer to $220,000.
“We, [the board], knew that we started [Dr. Gratto] at below market salary … if you look at what people get paid out here and we wanted to correct that,” said Wilcoxen.
Several neighboring districts like East Hampton and Southampton, however, have significantly larger student bodies, but Wilcoxen argues that the superintendents at these schools have the help of an assistant superintendent.
The board, said Wilcoxen, looked at Dr. Gratto’s qualifications and his level of education, when considering his raise. Wilcoxen said Dr. Gratto brought a “higher level of accountability and efficiency to all aspects of the districts,” which factored into the board’s decision. One major way Dr. Gratto increased efficiency in the district, added Wilcoxen, was through implementing several cost cutting measures.
“He saved us significant amounts of money in a difficult budget cycle … The savings have more than paid for his salary,” noted Wilcoxen.
Walter Tice, a former member and president of the Sag Harbor board of education, said he worried about linking the idea of saving money in the district with raising the superintendent’s salary. Tice added that this could possibly lead to budget cutting measures coming at the cost of program and educational quality.
“His salary ought not to be proportional to how much he cuts the budget,” lamented Tice.
Tice’s daughter and former Parent Teacher Association President Chris Tice, who spoke in her capacity as a Sag Harbor parent, echoed her father’s remarks.
“The motivation should be to help the school district continue to improve and spend the taxpayer’s money wisely,” she said.
However, Dr. Gratto believes he was able to strike that balance and said his proposed cost cutting measures haven’t undercut school programming.
Regardless of the savings Dr. Gratto created in the district, Chris Tice was also perplexed by the size of Dr. Gratto’s raise given the state of the economy.
“As a parent and taxpayer, overall I am happy with Dr. Gratto. I think he was a good addition to the school … but I do think his increase should reflect the economic times and an increase of over 13 percent doesn’t seem rational. I am confused by it because Dr. Gratto and the board have been asking district employees to be conservative with their increases,” remarked Tice.
According to Eileen Kochanasz, president of the Teacher’s Association of Sag Harbor, when the school board began negotiating teacher’s contracts last year, the board often claimed the economic pressures on the district and the national economic climate didn’t make it sustainable for them to give the full percentage of a raise that the teachers were asking for.
“I don’t begrudge Dr. Gratto his appropriate salary … but TASH is troubled. We are not so troubled about that being the going rate for his salary, but for the board to cry economy and then offer a 13.5 percent raise,” stated Kochanasz. “The teachers are asking for the average [salary].”
Wilcoxen said Dr. Gratto’s raise and the teachers’ contracts are two separate issues, as the board must negotiate with a union to agree on a raise for teachers. He added that whereas Dr. Gratto was judged on his specific performance, teacher raises are agreed upon with the union for all teachers and not based on specific teacher’s performance. Of the current economy climate, Wilcoxen also divided the issues.
“We live in a system were there are many different levels of socio-economic conditions … I have to think about his position and what other people get in that position,” said Wilcoxen, adding that offering a competitive salary will help retain Dr. Gratto within the school district. “We do have to think about what we have to pay to get someone of quality.”
Members of the public, however, not only felt that Dr. Gratto’s raise was high given the economy, but felt the board could have been more forthcoming in releasing his salary increase figures and facilitating a dialogue about it at the June 22 meeting.
At the meeting, the resolution to amend Dr. Gratto’s contract, and thus give him a raise, was passed, but the exact salary increase wasn’t printed on the agenda and at the close of the meeting Walter Tice inquired about the legality of this. Dr. Gratto said he spoke with the school district attorney Tom Volz the day after the meeting, who said that the school wasn’t required by law to put these numbers on the agenda.
“In my experience, amendments to contracts, [for salary and/or other contract changes], are typically not published. I thought that is pretty standard,” recalled Dr. Gratto.
Even though the board was complying with the law, some audience members wished the figures were printed on the agenda to help begin a dialogue.
“Even after I raised the question [about publishing the salary increase on the agenda]. The board didn’t issue a public announcement saying, ‘We have given a raise and here are the reasons why.’ It seems to go against their promises of openness,” said Walter Tice.
“I was baffled that they choose not to share and disclose [the information]. It seemed to fly in the face of the board’s ongoing mission of transparency,” added Chris Tice.
Wilcoxen, however, contends that both the amendment to Dr. Gratto’s contract and his original contract are available to the public at the school clerk’s office. He said that he believed the next board meeting, to be held on Monday, July 13, offered a better opportunity to speak with the public about the issue, as the full board will be in attendance whereas on June 22 one board member was absent and Wilcoxen had to leave the meeting early.
Wilcoxen added that the salary increase would be discussed at next Monday’s board of education meeting.

 New school board president Elizabeth Kotz swore in new board members Lillian Tyree, Doug Degroot, and Ron White during the Bridgehampton School Board’s reorganization meeting on Monday July 6. Kotz, formerly the school board vice president, also swore into office the school’s superintendent Dr. Dianne Youngblood, the school’s district clerk Joyce Crews Manigo, and the school’s part-time treasurer Norine Monti.

The board’s re-organizational meeting lasted for nearly an hour with Kotz occasionally giving brief explanations about board procedures to the new members. Other than the board, the school’s lawyer Tom Volz, former board member Joe Conti, the newly sworn in treasurer and Degroot’s wife and son were in the audience to witness the swearing in and the re-organizational procedures.

Most of the re-organizational meeting was taken up with the hiring and establishment of salaries and contracts for various firms and employees for the up-coming academic school year. For example, the firm Guercio and Guercio were re-hired to be the school’s legal counsel, and Patricia Corso was appointed as part-time internal claims auditor.

For the most part all of the hiring was approved without much discussion, however board member Joe Berhalter did question the 25 percent increase in the legal counsel’s fee as well as the elimination of a cap on negotiation fees.

“In today’s environment I think 25 percent seems exorbitant,” Berhalter stressed. Volz asked that further discussion on the increase take place during executive session later that night to which Berhalter and the board agreed.

Other business during the meeting included the appointment of board members and others onto various committees. Again most committees were approved without much hesitation. However, Kotz asked that the appointment of board members to the district budget advisory committee be tabled until the fall thereby giving new board members a chance to get up to date on budgeting procedures. Kotz also thought that the committee might be organized in a slightly different fashion this coming year.

“Perhaps we could have all board members rotate on the committee,” suggested Kotz who noted that the budget is such an important part of the board’s business that it might serve the committee and the board better to have everyone involved or at least knowledgeable about the committee’s process.

There was also a delay in the appointment of Tyree to the audit committee since it is the school’s policy not to allow the spouse of an employee to serve in that capacity. Tyree is the wife of the school’s basketball coach Carl Johnson. Kotz recommended Tyree for that position because she thought her a good fit for the committee, and asked if the policy could be changed to allow Tyree to serve on it. The school’s lawyer Volz, foresaw no problems with changing the policy since it was not illegal to have Tyree serve once the policy changed.

Berhalter however questioned changing school policies to fit the board’s specific needs, and therefore held up the meeting to discuss the change. In the end the majority of board members suggested changing the policy to allow Tyree to serve.

The board also approved the 2009-2010 out of district tuition fees, which were set at $2,500 for the pre-K half-day program, $4,000 for the pre-K full day program, $11,500 for students K-8, and $15,000 for 9-12 grades. Special ed students would pay per Seneca Falls formula tuition of $62,541 for K-6 and $34,343 for 7-12 grades.

During the regular meeting that followed Dr. Youngblood updated the board on the business office’s progress on closing the district’s books by the end of the month, stating, “We’re looking really good for everything to be ship shape and ready to roll.” She also mentioned that all non-resident tuitions had been paid in full.

Most of the meeting was taken up with how much the school board should subsidize the PSAT course they will be offering to the community in late summer/early fall. The course is new, and the board wanted to encourage all in district students whether they attended Bridgehampton School or not to participate in the program. Yet Berhalter questioned the necessity of subsidizing all district students.

“Regular students are getting an excellent deal at the $130 cost for the program,” he said. “I would recommend that people who can pay, pay the full amount, and for students who can’t afford it we should definitely help them out.”

Berhalter was comparing the $130 price tag to the Princeton Review course’s $800 cost, but board member Nicki Hemby pointed out that the program wasn’t the same as the Princeton Review and it would be hard to compare the two programs. Also she felt it would be difficult to determine who needed assistance.

White however understood what Berhalter was saying when he pointed out without some sort of financial stake students might just drop out.

White suggested, “Why don’t we just talk to the students and explain what we’re doing for them.” Thereby having students understand their responsibility and the trust the board was putting onto them, he explained.

In the end the board decided to charge $50 for the program and offer the subsidy to all residents, but charge full price to out of district students.

After winning an uncontested election nearly two weeks ago, North Haven Village trustees Jim Smyth and Jeff Sander were sworn in during the monthly board meeting on Tuesday, July 7. The elections were relatively calm, but the village board faces a number of issues moving forward, including the adoption of a flood prevention law, handling of abandoned boats on Sunset Beach Road and noise complaints.
For the past few months, municipalities large and small have drafted new flood prevention laws in response to the updated flood maps produced by Federal Emergency Management Agency (FEMA) and North Haven Village is very close to adopting a law to correspond with the new maps. On Tuesday, board members were presented with a 60-page draft of the proposed legislation, prepared by the village attorney Anthony Tohill.
Georgia Welch, the village clerk, informed the board that a copy of the draft was sent to both FEMA and the Department of Environmental Conservation (DEC) for New York State. FEMA responded to the village in a letter and tacitly stated that the draft law includes all of the new requirements, reported Welch. Although, North Haven is still waiting for a response from the DEC, Welch said Tohill was certain the board could move forward and adopt the law at the next meeting on Tuesday, August 4. Welch noted that the law must be adopted before the end of September to continue North Haven resident’s eligibility for federal flood insurance.
In order to tackle a long-standing problem of local residents abandoning their boats and seafaring apparatuses on the beach near Sunset Beach Road, the village board passed a local law on Tuesday giving them the power to dispose of unpermitted boats or boats left on public beaches after the summer season ends. The law was first introduced last month and was swiftly adopted after a public hearing elicited no comment from community members. Now that the law has been passed, however, the board struggled with how to implement it.
“We have to set up a program to handle these boats … Who will take them off the beach, where will we put them … what about implementation?” asked trustee James Morrissey.
Although the board failed to voice a solution to Morrissey’s first couple of questions, they did agree to post a sign at the public beach alerting the public to the new law. Sander said the sign could stipulate that sea craft storage on the beach is allowed only in the summer and by permit only.
As the board seemed to settle one village issue, another undesirable situation was brought to their attention. Both this summer and last, residents of Maunakea Street have complained about a renter on their block. The Maunakea residents claim the renter regularly hosts several dozen guests and holds parties in the wee hours of the evening. Village building inspector Al Daniels acted as intermediary between the property owner, Joe DeSane, his renter, and an adjacent neighbor, Frank Pintauro, during a meeting held on Friday, June 19.
“DeSane took responsibility for his tenant … [but] I think Mr. Pintauro tried to communicate to the tenant that this year he wasn’t going to just go talk to him [if there was a problem]. This year he will call the police,” reported Daniels.
The next weekend on Saturday, June 27, Pintauro lived up to his word and phoned the police some time after midnight to file a formal noise complaint. Village mayor Laura Nolan reported that she had spoken with an officer out of Southampton Town Police as to what possible repercussions could be brought against the tenant. Nolan said that if three or more neighbors signed an affidavit of a noise summons, then with each noise complaint the tenant could be slapped with a fine as high as $1,000 per incident. The members of the board and Daniels agreed to speak with Tohill about finding a legal means to calming the situation.
“I think we have to do some research,” added Daniels.

On Sunday, June 21,  Lancha Dupont, 51, of Sag Harbor, driving a late model SUV in the early morning hours collided with a tree on Madison Street in front of the Corcoran Real Estate office in Sag Harbor. Police arrived around 1:49 a.m. and found the front end of the vehicle destroyed, and about 12 feet of the newly-restored historical wrought-iron fencing that surrounds the Civil War monument torn up.  

The driver was transported by ambulance to Stony Brook University Medical Center. Sag Harbor Village Police say the driver couldn’t be airlifted to the hospital due to adverse weather conditions.

Police investigating did not detect evidence of alcohol at the scene, and, considering Dupont’s injuries, determined a blood alcohol test unnecessary, said Sag Harbor Police Chief Tom Fabiano. The cause of the accident remains unclear, but police say it is still under investigation and expect unspecified charges to be filed. 

Photos by Chris Jackson (top) and Jeff Carr (above)

“This is all about justice,” said Shinnecock member Becky Genia. “There are laws to protect the marshland … but there are no laws to protect the graves of our ancestors. The first thing I would like to know is what has your [town] attorneys come up with.”

The members of the town board, however, said Friday’s meeting was meant as a roundtable discussion. Kabot added that a working draft legislation, originally authored by East Hampton lawyer George Stankevich in 2005, had been passed through three town attorneys and the current assistant town attorney, Joe Burke, still needed to be brought up to speed on the issue.

According to Burke, the town currently doesn’t have any laws or formal policies in place which protect historical burial sites. Stankevich’s proposed legislation also points out that federal laws specifically protecting Native American grave sites only protect remains on federally owned land. On the East End, however, most ancient grave sites are found on private property.

Stankevich’s proposed legislation calls for the creation of a Southampton Native American and Colonial Graves Protection and Repatriation Local Law, and a committee to oversee the implementation of the law. The draft law dictates that once a burial site is discovered, a property owner — or builder — must cease activity on the site until a final decision is made by the committee, the chief of police and the Suffolk County Medical Examiner. The proposed legislation also suggests that if a property owner and the committee cannot reach an agreement on how to handle the remains then the remains will be left on site and memorialized.

However, this last provision causes some concern for the board, says assistant town attorney Joe Burke who has taken over this issue for Southampton.

“There is a concern over property rights. We have to make sure the law doesn’t amount to a taking [of property]. We can’t take a property if there is no just compensation … that is a federal standard,” explained Burke. “My job right now is to look at other state laws around the country and see how they struck the balance between the two, [the grave sites and the property owners.]”

Burke added that only four states, including New York, do not have a law directly protecting grave sites, although the Shinnecock people can file their grave sites as historic landmarks with the state office of parks, recreation and historic preservation.

Some members of the Shinnecock, however, believe private property rights often trump the protection of ancient gravesites.

“All of our obstacles are because of the sanctity of private property. It has become paramount over all things,” said Chief Harry Wallace of the Unkezhoug nation of the Mastic and Shirley area, who is also a member of the inter-tribal historic preservation task force. “You want to protect the wetlands or a rare bird species. We are fewer than the rare birds and we aren’t growing anytime fast.”

Wallace and other audience members argued that if gravesite protection was high on the list of town priorities, then there would already be a law on the books.

Kabot contended that she has requested grave protection legislation for a number of years, but her efforts were met with opposition from previous town boards.

As of late, it seems the current town board is taking an interest in working with the Shinnecock Nation. Burke expects to meet with Stankevich sometime this week to go over his draft legislation and Shinnecock member Genia said the town recently scheduled an upcoming meeting to further discuss the issue.

Kabot, however, encouraged the Shinnecock Nation to assemble a report on the suspected Native American burial sites in the town to help both parties move forward.