“Isn’t this taxation without representation? I thought we already went through this,” said Sag Harbor Variety Store owner Lisa Field when asked what she thought of the Metropolitan Transportation Authority’s new payroll tax.

The tax, signed into law earlier this month, will require local businesses, including hospitals, schools and governments, to pay a 34 cent tax for every $100 of payroll. Suffolk County is set to pump millions of dollars into the MTA to help shore up the authority’s $1.8 million deficit. From the halls of the state assembly to the sidewalks of Main Street, people are saying the MTA is unfairly taxing Suffolk County residents for a service they rarely use and the county is in essence funding the New York City transportation system.

State Assemblyman Fred Thiele contends the MTA package was made “behind closed doors” with officials, hailing from the New York Metropolitan area, leading the negotiations.

Back in March, Thiele seemed certain the tax wouldn’t be voted through, but the state legislature indeed passed it on May 6, after state senator Brian Foley of Long Island swayed the vote, allowing the package to pass by two votes in the senate.

“Between March and now a lot of arm twisting went on,” explained Thiele.

“I thought we were pretty effective in putting up a unified decision,” stated Suffolk County Legislator Jay Schneiderman of the efforts made by local officials to oppose the payroll tax. “We have lost the power, and all of this money is leaving Long Island and going to New York City.”

Schneiderman maintains the East End is underserved by the MTA. Although the county contributed $250 million to the transit authority last year, the MTA currently runs just three trains on weekdays from the East End to New York City.

Geoff Lynch of the Hampton Jitney said the transit system works well in New York City because the authority services a small geographic area with a high density population. But on the East End, he added, a smaller population is spread out over a wide geographic area.

According to a press release from Suffolk County Legislator Edward Romaine, the county will pay around $520 million when the new MTA taxes and fees are enacted or about $347 per resident per year — on top of the taxes residents already pay toward the MTA. Schneiderman believes only 10 percent of Suffolk’s population, or 150,000 people, ride the LIRR.

“The county will pay around $3,000 to $4,000 per rider. We could lease each of them a car and we could forget about the trains,” argued Schneiderman.

When asked if East End residents will get more LIRR service in exchange for their contribution to the MTA payroll tax, Sam Zambuto of the LIRR (Long Island Rail Road) said no.

“[The Payroll Tax] allows the LIRR to maintain the existing level of service and eliminates the service reductions that were slated for implementation,” Zambuto reported. “It also reduces the fare increase from an average of 26 percent to an average of 10 percent.”

MTA representative Kevin Ortiz said even with $1.8 billion in funds procured from the payroll tax and other fees, the MTA will still face a small deficit in the upcoming year. Ortiz argued that the new funds would bring additional wages to the county because the MTA uses the services of  subcontractors in Deer Park, and other Suffolk locations. He added the MTA’s capital plan would create $11.8 billion in wages and salaries in the 12 counties it services.

“They have to look at the big picture,” said Ortiz of Suffolk residents.

But local residents, from hospital administrators to business owners, say they are having a hard time seeing the “big picture.”

“Everybody that is in business out here will be subject to this new tax,” asserted Sag Harbor Village Mayor Greg Ferraris. He added that the tax will cost the village administration upwards of $10,000.

Southampton Hospital faces an even steeper tax burden because of its large payroll. Marsha Kenny, the director of public affairs, said the hospital had already closed its books for the 2009 budget when they learned of the tax. The hospital expects to pay $140,000 to the MTA this year.

Len Bernard, the Sag Harbor School District Business Manager, estimated the school will pay between $46,000 to $50,000 for the tax, though the state has promised to reimburse school districts.

“I am not at all confident the state will give funds to reimburse the school districts,” remarked school superintendent Dr. John Gratto. “I am concerned that if they do reimburse the school district for the tax it will come at the expense of general state aid.”

“I can point to every single line item on the budget and tell you how it benefits someone in the community, but I can’t with this,” continued Gratto. “We are just subsidizing New York City.”

Responding to the outrage of local communities over the payroll tax, the Suffolk County Legislature voted on Tuesday, May 12, to create a commission to conduct a feasibility study on Long Island seceding from the State of New York.

“We want it to be on the ballot next year as a non-binding referendum to create the State of Long Island,” said Schneiderman. “Every year we give the state about $8 billion but we only receive around $5 billion in services.”

Schneiderman conceded, however, that a state hasn’t successfully seceded since the 1860s, when West Virginia split from Virginia.

“I think this is more symbolic,” said Schneiderman. “We want to send a message to Albany that the present situation is unacceptable.”

Thiele believes Suffolk County constituents are feeling increasingly overburdened by state taxes, especially in light of the economic downturn.

“I have never seen a recession end by taxing people more,” he declared.

It may be that the MTA payroll tax will have a trickle down effect, with implications not just for business owners but patrons of Long Island restaurants and retail establishments as well.

“A lot of businesses in the area increase their prices in the summer and decrease their prices in the winter,” said Tora Matsuoka, co-owner of Sen and Phao Thai Kitchen. “Prior to finding out about this tax, [and a new beer and wine tax] my feelings were that we wouldn’t readjust our prices, but it is something we are considering … taxes in New York are stringent and I think it is driving people out of the state.”

Popularity: 9% [?]

Havens Study Will Continue
By Marissa Maier

Members of the Stony Brook University research team, who have been testing for harmful levels of bacteria at Havens Beach in Sag Harbor for almost a year, say their work will continue through the summer. Chris Gobler, a Stony Brook Southampton associate professor and the director of the Coastal and Estuarine Research Program, has spearheaded the team with help from graduate and doctorate students, like Florian Koch.
Koch was on hand at a recent Coastal and Estuarine Research Program environmental symposium with a poster showing the testing data as of March 2009. The team, in conjunction with Peconic Baykeeper Kevin McAllister, has been studying the site since April 2008 and say the data they have collected is alarming.
“I think the data speaks for itself … The water quality in this area is being negatively affected, but this isn’t a new issue,” said McAllister. “Hopefully, this report will place a spotlight on Havens and be a call to action for the village and the harbor committee.”
According to data presented by Koch at the symposium, levels of harmful bacteria have exceeded healthy thresholds for bathing and shell fishing throughout the year. From April 2008 to early April 2009, testing from the receding water stations located in the bay showed bacteria levels were above adequate standards for shell fishing 31 percent of the time during testing and 44 percent of the time for bathing thresholds. These numbers pertain to results collected from three testing stations set-up in the water.
At three “source” stations — which consist of a ditch, a culvert leading to the beach and a steady stream of water flowing from the beach into the bay — levels were even higher. When averaging the whole year, the source station surpassed healthy standards 70 percent of the time for shell fishing and 60 percent of the time for bathing.
Because the source stations indicated more frequent high bacterium levels than the receding water stations, Gobler said his team studied the source stations to ascertain where the bacterium was coming from. That research is ongoing.
Koch and his fellow researchers tested the beach on a monthly to bi-monthly basis, but did responsive testing after heavy rainfalls. The ditch, or the first “source” station, collects storm water run-off for a 275-acre area, said McAllister, through a complicated network of piping. According to McAllister, the water collected at the ditch, seeking the lowest elevation, then flows into Havens Beach by way of the culvert. Gobler added that it is possible the ditch is also subject to ground water seepage.
As the Stony Brook team has been conducting their research, Suffolk County has been testing the waters of Havens Beach.
“By law, the county tests Havens and all other beaches on a weekly basis,” said Sag Harbor Village Mayor, Greg Ferraris. “Suffolk County has never issued a directive to close the beach.”
McAllister said the discrepancy between the county’s and Stony Brook’s results could be attributed to the Stony Brook team’s responsive testing after heavy rainfall. He noted that contaminates are more likely to flow into the ditch when it rains, but in drier weather are likely to stay put.
Village planner Richard Warren, who also operates an environmental consulting firm, said the discrepancy could also be attributed to different testing methodologies. He added that he would like to sit down and review side by side the county’s results and the Stony Brook results, with the help of Chris Gobler.
“With Kevin [McAllister] and Chris [Gobler], I hope we can set aside a testing protocol and start having a dialogue,” said Warren.
Village officials said they weren’t contacted before the yearly results were presented at the symposium and felt this went against a communications protocol established by both parties.
“We expected once the testing was complete to meet and discuss the findings,” Ferraris noted. “[We hope] to review the data and come up with a plan of action.”
Although the Stony Brook team planned to test for only a year, Koch said they would continue through the summer with no fixed end point in mind. Gobler added that the team believes it is important to continue monitoring the site and he also wishes to set up testing sites to the east and west of the beach.
McAllister noted that beyond testing, actual measures would need to be implemented in the future.
“Havens Beach and this ditch is a problem,” he said. “But developing this data will hopefully lead to a remediation project. It is going to cost money to deal with this and I recognize the challenges the village is facing. Are they going to be able to finance a project that is going to eliminate this pollution problem?”

Popularity: 5% [?]

By Richard Gambino

On April 2, The Express ran a front page story about a judge dismissing a suit against Mayor Greg Ferraris’ government by the environmental organization, The Group for the East End. The judge dismissed the case solely on a technicality. As stated by this newspaper, the technicality was that “the Group’s attorney, James Periconi, failed to name developers Sag Development Partners in the lawsuit.” And that technicality is all of the judge’s reason. As also pointed out, no judge or court has heard the merits of the Group’s suit, or the Village’s defense against it. Given all this, the response of Mayor Greg Ferraris is worthy of a skit on Saturday Night Live. Except, according to this paper, his statements are no parody — he really said them. Really.

The suit was about the Bulova condo project, which was approved by Sag Harbor’s Village Hall, without the Village requiring from the condo developer a Draft Environmental Impact Statement regarding the project as required by the New York State Environmental Quality Review Law.      Specifically, there are two issues. First, Mayor Ferraris and company approved a plan to truck thirty thousand cubic yards of potentially toxic soil on 3,750 large trucks past countless houses, schools and other buildings in, and far beyond, Sag Harbor. Second, the Village waived the legal requirement that the developers include in their condo thirteen units of affordable housing. Instead, the town fathers and mothers decided that the developers be allowed to contribute $2.5 million, or about $192,300 per unit, which, even in this time of economic recession, would not come close to buying a single dwelling in Sag Harbor.

The Express quoted the Chairman of the Planning Board, Neil Slevin, about the Village’s process in blessing the Bulova condo. He compared it to the board’s current process of reviewing the proposal for yet another huge condo complex, one called “Ferry Road.” He noted that with regard to the Ferry Road condo proposal, in the words of the article, his “planning board has asked for an impact statement and is engaged in the very process Samuelson advocates.” (Referring to Jeremy Samuelson, an officer of The Group for the East End.) Slevin’s logic here is stunning, and all too typical of Ferraris and company: We are asking for the New York State-required environmental impact statement for the large Ferry Road condo, therefore we were justified in not asking for such a statement regarding the even larger Bulova condo.   

But let’s go to Mayor Ferraris’ own dazzling statements, giving them the seriatim attention they deserve. Please, again, keep in mind this is not a parody. According to this newspaper, Mayor Ferraris actually said all the quotations of him that follow:

 

 “ ‘I am pleased with the court’s decision; however it feels like a hollow victory as the Bulova factory once again sits dormant due to the financial crisis,’ said the Mayor.”

 

Meaning that the developers may not have the money to build the condo during the current economic downturn. But fortunately for them they have Ferraris fighting for them, great advocate for condos that he is. After all, isn’t this what the voters elected Ferraris to do, be the  developers’ darling of the East End? No small accomplishment given that the South Fork’s governments are made up largely of developers and realtors, by developers and realtors and for developers and realtors. But with their Mayor Greg, developers have been truly and exceptionally blessed. Other governments out here have been content merely to approve endless McMansions. But their beloved Greg is determined to cover Sag Harbor with condo complexes.

 

 “ ‘I really question the motive and the direction of the management of the Group for the East End,’  continued Mayor Ferraris,  ‘who have morphed from an environmental advocacy group into a lobbyist organization engaging in social and economic issues outside their league. It is unfortunate that the village needs to expend tens of thousands of dollars in taxpayer money defending itself against these types of baseless claims and I can only hope that village residents recall this when funding these organizations.’” 

 

Spending “tens of thousands of dollars in taxpayer money” defending his right not to file a NYS-required environmental impact statement — how bravely responsible of our wise Mayor. The Group is a “lobbyist organization?” For whom? The sneaky local plants and wildlife? Our lands and waters, with their vile lust to remain healthy? Healthy for us, our children and grandchildren. Why, those people in The Group know no end to their inordinate moxie, chutzpah and nerve!

Unable to defend his indefensible decisions by reasoned argument, Ferraris  resorts to attacking the “motive” of The Group. Speaking of motives, Mr. Ferraris, what’s your motive for bypassing NY State Law? Oh yes, the in-house report you did on your own, including the plan for thousands of trucks full of potentially toxic soil. Why not just resolve this issue by asking the Bulova developers for the NYS-required environmental impact statement? What would be the harm of two studies? And now that you’ve opened the question of motives, what’s your motive for spending “tens of thousands of dollars in taxpayer money” to keep from doing this?    

Three thousand, seven hundred and fifty large trucks carrying thirty thousand cubic yards of potentially toxic soil past our homes and schools, not to mention countless homes and public institutions beyond Sag Harbor. Somehow Mr. Ferraris never mentions this. How noble of the Mayor to allow this, and then to spend “tens of thousands of dollars in taxpayer money” to insist on it.  And let’s not think of the cost the Village might have in defending against suits if there is even so much as a single mishap in which just one of those trucks spills potentially toxic soil onto a street lined by houses, or near a school or shopping center. And the cost in possibly losing against the suits. Mr. Mayor, don’t trouble you head about it, full as it is with “social and economic issues outside the league” of the rest of us.

Yes sir and madam, the next time your darker angels urge you to send a contribution to a local environmental organization, resist the temptation and send your check to the  Public Defense of Greg Ferraris Fund. But, then, he already has your money for this. Sorry.

A few weeks ago, Greg Ferraris was quoted in this newspaper as saying he would not run for re-election as mayor. Promises, promises. Whether he does or not, here’s hoping against hope that a candidate for the office steps forward who is dedicated to ending Sag Harbor’s Village Hall bending over backwards, sideways, and let’s not forget, forward, for condos. Even to the point of spending “tens of thousands of dollars in taxpayer money” possibly to put a huge population at risk. Before it’s too late.

 

RICHARD GAMBINO urges all to contribute generously to The Group for the East End (P.O. Box 569, Bridgehampton, NY 11932 ), and urges The Group to appeal the judge’s decision, as it has said it might. He has never served on the Group’s Board or committees.

Popularity: 9% [?]

With June elections fast approaching, it’s shaping up to be an interesting campaign season as three prospective candidates have tentatively announced their candidacy for the position of Sag Harbor Village Mayor so far. Current mayor Greg Ferraris, whose term is up in June, told The Express in early February he wouldn’t seek re-election. Also up this June are two village trustee seats, including Ed Deyermond’s position. He, too, said he would not seek re-election. Ed Gregory, who holds the other available trustee seat, is undecided.

 According to Ferraris, one of the chief reasons for his decision to not run again was the amount of time he needed to devote to his mayoral responsibilities while also running an accounting business in recent years.

 “The demands on the position have increased over the three years I have been here, and well over the six years that I have served on the village board,” said Ferraris in February. “[Village] issues have become more complex. The demands on the village board from residents have increased.”

 With the mayoral position up for grabs, the village board might witness a little reshuffling as two Sag Harbor Village Board of Trustee members, Tiffany Scarlato and Brian Gilbride, have announced their intentions to run for mayor — although Gilbride says he hasn’t yet made a formal decision. Also throwing his hat into the ring is Jim Henry, a Sag Harbor attorney, author, business consultant and a 2007 Democratic candidate for Southampton Town Supervisor who recently picked up a petition from village hall and has expressed his intention to run for mayor.

 Scarlato has been on the board of trustees for almost six years, and is serving her third term on the board. Scarlato reported that when she first heard Ferraris would not run again, she “begged” him to reconsider, though he remained steadfast in his decision.

 “After I finished begging him, I decided it was a possibility [for me to run for mayor,]” said Scarlato.

 Currently, Scarlato is an assistant town attorney for East Hampton, though she added she doesn’t believe this will present a conflict of interest should she be elected mayor. Prior to becoming a village trustee, Scarlato said she conducted extensive research to make sure her two positions wouldn’t conflict. Of her interest in becoming mayor, Scarlato added that she has the energy to tackle the position, and ample experience in village affairs. Scarlato was also one of the main village officials who pushed to update the current village zoning code.

 Among the chief concerns for the next mayor, Scarlato said the village budget would be at the top of her priority list should she be elected.

 “I think the biggest issue [for the village right now] is fiscal responsibility,” said Scarlato. “I would focus most of my attention on that. The board as a whole has done a good job to pare down the budget and be as fiscally responsible as possible, but it has to be kept up.”

 Also considering a mayoral run is Sag Harbor Village Trustee Brian Gilbride who has been a mainstay on the village board for the past 15 years, and served as deputy mayor for nearly four years.

 “I am still thinking through it, but I am leaning towards saying yes,” said Gilbride of his mayoral candidacy.

 Aside from being a trustee, Gilbride has worked for the village in many different capacities. In 1966, he was hired by the village as an employee of the highway department, which led to a position with the maintenance department. Previously, Gilbride also served as the chief of the village fire department. He feels that his relationship with the village will help him, if he were to become mayor.

 “I worked with a lot of good people [in the village],” he said. “I have an understanding of how the village works, and I look forward to help continuing the way things are going now.”

 Seven years ago, Gilbride left a position with Norsic, the sanitation services company based on Long Island. As a retiree, Gilbride reports he isn’t “the least bit worried” about the amount of hours the village mayor puts into the position. Of the challenges facing the mayor, however, Gilbride reiterated Scarlato’s belief that fiscal and budgetary issues will be the chief issues the village will face in the coming year.

 “Hopefully the zoning code will be put to bed … Things are a little tough with the economy, but we [the village] are very conservative and started planning a year ago,” said Gilbride.

 Although the other prospective candidate, Jim Henry, hasn’t served on the village board, he has run for town office (Henry lost the 2007 supervisor’s race Linda Kabot), and also has business and economic experience. Henry created the Sag Harbor Group, a consulting firm for technology-based businesses. As an author, Henry has written investigative books on economical mismanagement and also pieces for The New York Times, The Wall Street Journal and the Nation, among others. 

 No candidates have stepped forward yet for the two trustee seats.

 In Sag Harbor, prospective mayoral and trustee candidates are permitted to submit signed petitions beginning March 31. The elections will be held on June 16.

 Over the bridge, two North Haven Village trustee seats will be open for election in June. The trustees currently holding the positions are Jeff Sander, a Main Street building owner, and Jim Smyth, the owner of The Corner Bar. In addition, two seats on the Sagaponack Village board will also be up for grabs come June. These seats are currently occupied by Alfred Kelman and Joy Seiger. No candidates have yet come forward to announce their intention to run for the positions in either village.

Above: Photos of Trustee Scarlato, Trustee Gilbride and Jim Henry. 

Popularity: 6% [?]

The ink is not yet dry on the stimulus package, but local municipalities may see federal money flowing into their coffers very soon. According to Congressman Tim Bishop, Long Island will receive around $200 million — over a two year period — in transportation development projects, but nearly half of the money allocated for highway construction must be spent within 90 days. Bishop added these funds will be distributed to local municipalities by the New York State Metropolitan Transportation Committees. Municipalities will apply for the money as if they were applying for a grant. These transportation projects will most likely create close to 8,000 jobs.
Bishop added many of the budgetary cuts made by New York State Governor David Paterson, especially in the education sector, will be offset by money from the state stabilization fund. Overall, Paterson cut almost $800 million from state education budgets. The Sag Harbor School district’s budget will be cut by almost $186,000.
“Without the state stabilization fund [these schools] would be forced to lay thousands of people off or would be forced to raise property taxes, and many people can’t afford higher property taxes,” reported Bishop.
Bishop remains confident the Sag Harbor school district will be granted additional funds to shore up this budgetary loss. He reported $195,000 is already earmarked for the district.
At a local level, Bishop said Suffolk County — an area which relies heavily on the construction industry and real estate sales — will benefit from a neighborhood stabilization fund and real estate tax breaks. The neighborhood stabilization fund allows local municipalities to purchase foreclosed or abandoned properties. Bishop asserts that construction workers will then be hired to rehabilitate these buildings. These properties will be available as workforce housing rentals, after construction is complete, he believes.
In addition, first time real estate buyers will be given a tax credit of nearly $8,000, though there is an income contingency to be eligible for this tax break. Bishop added that $30 million will be used to construct a new laboratory at Brookhaven National Laboratory, which is part of Stony Brook University.
Bishop said a recent halt in construction projects on the East End has had a trickle down effect throughout many businesses in the community. “Behind every economic statistic there is a story … The builders had to lay off their crew. Now the deli owners are selling fewer sandwiches because these workers were laid off … Real estate agents haven’t made a sale in months, which affects lawyers who depend upon real estate closings … Everywhere you look, [the recession] has an impact.”
Nearly 95-percent of American families will also be given a tax break, which will include tens of thousands of families on Long Island, added Bishop.
Bishop said the main stimulus package is broken up into three main objectives: to keep money in the hands of people who need it and will spend it, to provide assistance to the states so they won’t be forced to lay off employees or reduce services, and, finally, to create numerous service projects.
Bishop believes these goals will help encourage consumer spending. He added that spending and lending are the cruxes of the American economy.
“People have simple stopped spending,” reported Bishop. “We need to put money back into the hands of people who need it.”
It is still unclear by what channels the funds will be distributed throughout the government, or how much money will be designated for Sag Harbor and the surrounding towns. Bishop expects to have answers to these questions within the coming weeks or months.
Sag Harbor Village Mayor Greg Ferraris remains “cautiously optimistic” the village will receive funding for infrastructure projects, such as the safe routes to school project and the reconstruction of the fence at the old burial ground. He expects, however, most of the federal funding will be used for infrastructure and education, and very little will trickle down to offset the operating costs of the village. For now, Ferraris added, the village will continue to operate on an austerity basis.
david pater

Popularity: 10% [?]

After two-and-a-half years of zoning planning, code drafting, public forums and numerous revisions, the proposed village zoning code might be enacted as early as April. A public hearing on the new code held on Friday, February 13, yielded less public comment than in previous sessions. The discussion during the hearing was mainly devoted to the revisions which have been made to the code. An amended version of the code will be published in the near future.

The key revisions made to the code include second floor uses, the purview of the Historical Preservation and Architectural Review Board, the timeline for filing a Certificate of Occupancy and day care center and bed and breakfast notification. With the revisions, second floor spaces in the village business district are allowed to be used for retail, office or residential purposes. A confusing piece of language concerning the ARB’s jurisdiction was rewritten, and now clearly states that the ARB does not have jurisdiction over the uses of a retail space. Under the proposed zoning code, a new owner has thirty days to attain a Certificate of Occupancy. In addition, those interested in creating a bed and breakfast or day care center will need to notify their neighbors within a 500-foot radius, instead of only 200 feet.

 

Sag Harbor Planning Consultant Richard Warren presented two flow charts detailing the process for expansion and change of uses for retail spaces in the village business district. One flow chart showed the process for spaces 3,000 square feet and under, while the other chart detailed the process for spaces above 3,000 square feet. Warren added that special exception uses, which have received a measure of scrutiny from the public, are still permitted uses but simply have to meet a more stringent set of criteria, since they often involve more intensive uses. Warren gave the example of a shoe store changing into a restaurant, which is a special exeception use and requires more parking and sewage usage.

Members of the community still raised concerns over the ARB’s ability to govern interior designs which are visible from the street.

“This seems to restrain certain freedoms, [especially] the freedom of expression,” said Susan Sprott.

However, this provision predates the new zoning code and was enacted in 1994, said Sag Harbor Village Attorney Anthony Tohill. Members of the board added that the purview of the ARB doesn’t extend to merchandise in the retail space.

Overall, members of the board seemed satisfied with the revisions made to the code.

“I do think it went fairly well,” said Trustee Tiffany Scarlato of the hearing on Friday. “I think we are pretty much at the end of the line. I am pretty happy with the end result. Everyone didn’t get exactly what they wanted, but there was certainly a compromise.”

Throughout the discussions over the new zoning code, the issue of parking has come up again and again. According to mayor Greg Ferraris, the new zoning code was intended to handle zoning issues within the village, and not to ameliorate some of the village’s infrastructure problems, including parking.

Parking has been a highly debated issue within the village, well before the new village zoning code was proposed. During the summer season, village parking is often scarce and can lead to traffic congestion. At a recent public hearing on the new zoning code held on January 29, Alan Fruitstone, the owner of Harbor Pets, said many of his customers refer to Sag Harbor as a ‘drive through village’ in the summer months, due to parking and traffic problems. He implored the village to incorporate parking solutions into the new code.

The proposed village zoning code, however, does amend the village’s solution to traffic problems, by eliminating the parking trust fund. Culver commended the village for this move.

“I think eliminating the parking trust fund is a step in the right direction,” said Culver, during a later interview. “It created an unnecessary tension between business owners and the village.”

Culver also contended that parking is an issue which should be addressed in the coming years. He believes it is an opportune time for the village to create parking solutions.

“Now we have a group of folks who are focused on planning issues. Maybe we could now think of the future of the village in a visionary way and generate a discussion [on parking]” added Culver.

During the hearing on Friday, Ted Conklin, proprietor of the American Hotel, articulated these sentiments. Conklin hopes the village will also look into village infrastructure issues, including parking and sewage. “We need to commit ourselves to a visionary plan for the whole of Sag Harbor … Something that generations from now will be proud of,” said Conklin.

The next public hearing on the proposed zoning code will be held on March 19. If no revisions need to be made to the code after this hearing, the board will have to wait at least ten days to enact the new zoning code.

 

Above: Ted Conklin, owner of the American Hotel in Sag Harbor, calls for a “visionary plan” for the village. 

 

See video excerpts from the hearing at www.sagharboronline.com

 

Popularity: 16% [?]

On Tuesday afternoon, Sag Harbor Mayor Greg Ferraris, trustees Brian Gilbride and Ed Gregory, and Village Hall Registrar Sandra Schroeder sat in the Municipal Building’s meeting room and waited for local residents to grieve their property tax assessments. The afternoon is referred to as ‘Grievance Day,’ and gives village property owners, who believe their properties have been over assessed, the chance to plea their case before the village board.

Overall, there were only three visitors, or grievers, who made it on Tuesday. According to Ferraris, this number was a little less than in previous years, but he added that a reassessment was done a few years ago. A number of grievances were mailed in and then forwarded to the Southampton Town Assessors office. These grievances, along with the claims of the three visitors, will be reviewed by the Southampton Town Assessors office, as the village doesn’t have an independent assessing office. The Southampton Town Assessment review board will be in charge of reviewing the grievances.
Hugh Merle, a lawyer from Westhampton, came before the board to present a village resident’s claim. Before taking on cases of over assessed property, Merle hires a licensed real estate appraiser to do a thorough appraisal, at the expense of the property owner.

“I want all of my ducks in a row before I present [the case] to the board,” said Merle. “Or else it’s not worth doing.”

This was the first time Merle represented a Sag Harbor property owner, since he usually handles assessments in Westhampton. Sometimes, reported Merle, he will come before the board on behalf of ten to fifteen different clients.

This might be the last year the Sag Harbor village board will hold a Grievance Day. After East Hampton Town completes a town wide assessment at one-hundred percent assessment value, the village board will likely be removed as an assessing unit. With the current process, there is duplication because each grievance case presented to the village is always forwarded to Southampton Town.

“Even though [Grievance Day] is our duty, it is somewhat of a waste of taxpayer money,” said Ferraris. “But until the town of East Hampton completes an assessment, we will continue to hold a Grievance Day.”

Popularity: 13% [?]

As the village faces rising costs, and decreased department revenue, the Sag Harbor Village Board of Trustees has agreed to accept less payment for their services. The decision to cut back, which was made on Tuesday night at the trustees’ monthly meeting, includes the mayor’s salary and will help offset some of the village’s other expenses.

This decision comes in the months leading up to village elections, which will be held on June 16. Among the seats up for grabs will be Ed Deyermond’s village trustee position. Deyermond says he isn’t planning to run for reelection. Last week, Deyermond screened with the local Republican Party for an East Hampton Town Council seat. Deyermond, however, hasn’t formally announced if he will run for a council seat there. He is scheduled to interview with the party again in March.

Village trustee Ed Gregory, whose term also ends in June, hasn’t formally decided if he will run again.

Also coming to an end this June is the term of mayor Greg Ferraris. Ferraris said he does not plan to seek reelection. Prior to his tenure as mayor, Ferraris served on the Sag Harbor Board of Trustees for one full term, and was re-elected to a second term. During that second term, then-mayor Ed Deyermond stepped down, and Ferraris was appointed to fill the vacated seat. In those years, Ferraris notes, the village board faced many controversial issues and as a consequence, the responsibilities of the mayor have increased. Ferraris says he devoted a significant amount of time to his position as mayor, while also maintaining his own accounting business. During an average week, Ferraris estimates he spent 50 to 60 hours working on his own business, in addition to his obligations to the village.

“The demands on the position have increased over the three years I have been here, and well over the six years that I have served on the village board,” said Ferraris. “[Village] issues have become more complex. The demands on the village board from residents have increased.”

Upon completion of his term, Ferraris is looking forward to spending more time with his family, and will perhaps have the opportunity to coach his daughter’s t-ball team. Of his position as mayor, Ferraris said the most gratifying experience has been working with the village employees.

“Whether it be the highway department to the village hall staff, they all work with such pride that you don’t see in other municipalities,” Ferraris said. “The knowledge that I have gained in working with people like [village planning consultant] Richard Warren, [and village attorneys] Tony Tohill and Fred Thiele [has been remarkable.]“

Ferraris added that the board was frequently proactive in handling village affairs. One key to his success as mayor, said Ferraris, was abstaining from pushing a political agenda.

“I don’t believe you can succeed at this level if you try to move forward with a political agenda,” noted Ferraris.

Trustee Brian Gilbride said he will miss Ferraris’ leadership. “It has been a great pleasure working with Greg,” added Gilbride.

At this point, it remains unclear who will fill Ferraris’ shoes, or the two other trustee seats, as no one from the community has stepped forward to announce their candidacy for any of the available positions.

According to village election procedure, interested parties may sign a petition to run as early as March 31. April 6 is the first day the village clerk may accept a nominating position.

 

Popularity: 5% [?]

By Marissa Maier

It was 15 minutes before the public hearing on the proposed new village zoning code, but Sag Harbor’s municipal meeting room was already filled to capacity. Members of Save Sag Harbor and the Sag Harbor Business Association waved to one another as they took their seats. Others talked in huddled groups. When the mayor and village trustees took their seats, the crowd hushed.

It was nearly two years ago that trustee Tiffany Scarlato and mayor Greg Ferraris began exploring a revision of the village code, which was last fully updated in the 1980s.

The code was full of inconsistencies and outdated provisions, said Ferraris. Over the years the code had been amended in a patchwork fashion, added Scarlato. Unprecedented development projects like the proposed condo complex at the Bulova factory and CVS’ purported interest in opening a store in the village has further brought the code issue to the forefront in the community.

Scarlato and Ferraris hired village attorney Anthony Tohill and planning consultant Richard Warren to research planning materials, zoning law and concepts. The final product of their work was compiled in “Planning Strategies for the Incorporated Village of Sag Harbor” a document which became a comprehensive plan for the new village zoning code.

The revised code was officially proposed in the spring of 2008. Since then the code has been revised based on public comments gathered at previous public forums.
At the end of his opening statement on Thursday, January 29, Ferraris said he hoped to facilitate a dialogue between the board and the public. Ted Conklin, a member of the Sag Harbor Business Association and owner of The American Hotel, was the first community member to speak.

“The vision of the future Sag Harbor is not terribly different from one camp to the other … But [the association] believes this code will put small businesses in peril,” said Conklin referencing a document prepared for the group by EEK architects, who studied the new code.

In the report, Stanley Eckstut of EEK cited the 3,000 maximum square footage allowance for ground floor business, codifying permitted retail space uses and hindering office uses on second floors in the village business district as measures that would hurt village economics.

“Creating rules that make it difficult to lease the ground floors for active paying tenants will jeopardize the ability of the buildings to remain financially viable,” wrote Eckstut who also referenced a provision in the code which prohibited creating new offices on the second floor in the VB or Village Business District.

“Restricting the upper floors from accommodating the very uses that are considered objectionable on the ground floor is counterproductive,” wrote Eckstut.

But the board countered Eckstut’s concern by noting that the code will soon be revised and building owners will be permitted to create office or residential space on the second floor of their building, as long as they visit the building department for a new Certificate of Occupancy with the stated use.

Further, board members said that if a retail space is under 3,000 square feet and an owner wants to change from one permitted use to another, the building department will give the owner a waiver to change the use. The owner would not have to visit the planning board, the board noted, because the change doesn’t require a site plan review.

Phil Bucking, whose sister, Lisa Field, runs the Sag Harbor Variety Store, said it would be harder for her to sell the business in the future because the store is over 3,000 square feet.

Ferraris said that if the Variety Store was turned into another permitted use, they would visit the planning board and request a waiver for the site plan review. The waiver would most likely be granted, as long as the change of use didn’t include an expansion, added capacity or required additional parking or sewage usage. These conditions would require a new site plan review of the space.

“Under the proposed code, the process is formalized and streamlined,” said Ferraris following the hearing. “Before, a lot was left up to the building inspector, but now there is a process.”

Conklin asked for the planning board to have a time schedule for applications and site plan reviews, and also a fee cap.

After the meeting, Scarlato said this wouldn’t be feasible because the village doesn’t have in-house planning staff who work on a regular basis. Instead, the village out-sources planning and engineering work.

David Lee, who manages a number of Main Street buildings, spoke out against a provision in the code which he said gave the ARB (Architectural Review Board) the power to review the interiors of retail spaces.

Tohill, however, later read from the code and stated the ARB has no such power.
In an advertisement that appears in this week’s issue of the Express, the Sag Harbor Business Association asks the village to “delay implementing the office district until we know the impact.”

Association member Jeff Sander asked the board to conduct a comprehensive review of the business owner’s specific concerns. A hefty list of business and property owners who are either against the code, or still on the fence, is included in the advertisement.
Save Sag Harbor’s lawyer Jeff Bragman agreed with the business association on the need to permit office and residential uses on the second floor, and congratulated the board on this revision.

“I thought the hearing was very impressive,” said Bragman later. “I think the board has done a good job at incorporating public comment into the code.”

Save Sag Harbor member Robert Stein, however, wished the code was more restrictive in regards to neighborhood density for daycare facilities and bed-and-breakfasts. Recognizing this concern after the hearing, Ferraris said the village was exploring revising this provision of the code. In the current draft of the code, both establishments need to alert neighbors in a 200 foot radius that they will set-up shop. Ferraris, however, proposes changing this to a 500 foot radius.

Despite the many divergent views that have surfaced throughout the code process, several community members spoke out to express a similar vision for Sag Harbor — one in which the village remains a pedestrian friendly, historical and commercially diverse place.

“I think everyone wants the code to be satisfactory for all the parties involved,” said Save Sag Harbor member April Gornick.

The next public hearing on the code will be held Friday, February 13 at 5 p.m. at the municipal building on Main Street.

Popularity: 11% [?]

By Marissa Maier

 As the financial forecast for many municipalities looks bleak in the coming fiscal year, the Sag Harbor Village budget might be comparably brighter.

“I think we will have a good fund balance that will get us through this [fiscal] year,” said village treasurer Eileen Touhy as she delivered her half-year report on the village’s budget at the board of trustee’s meeting on Tuesday, December 9.

Although Sag Harbor Mayor Greg Ferraris has proposed to cut the discretionary budget spending by nine percent during this fiscal year, the village’s various reserve funds are still sound and in May, the village ended its 2008 fiscal year with a $9,000 surplus. The village’s fiscal year runs from June through May.

Later, Ferraris cited fiscal responsibility and a historically lean budget, combined with minimal staff increases, as the reason for a relatively stable village budget.

“We are in a better position than other municipalities,” said Ferraris.

In order to avoid a shortfall for this fiscal year, Ferraris suggests the village decrease its discretionary spending. Nearly 80 percent of the village budget is currently used for debt services and contractual obligations — including contracts, social security and pensions for village employees. The remainder of the budget is used for discretionary funding.

Ferraris is proposing to lessen this spending by limiting overtime for police officers. When a special event is held in the village, such as a parade or a charity run, additional police officers are often required to help with traffic and crowd control and are usually paid overtime. Ferraris seeks to curtail this expenditure by asking event planners to provide more volunteers to help with these services onsite.

He also suggests the attrition of certain village positions. For example Robert Miller, a highway employee, resigned earlier this month and Ferraris is looking at leaving this position vacant. Ferraris contends that the attrition of employees would lead to a decrease in services, but he adds that this would be a “short term fix” to weather the current economic crisis.

During this fiscal year, the board is planning to operate on an austerity basis. Some larger projects, such as repairing the fence at the Old Burying Ground, will be shelved until the budget looks more promising.

“We, [the village] couldn’t continue to run at these [austerity] levels,” said Ferraris. “[Budget spending] will decrease even more in the next fiscal year . . . But, if we don’t deal with the situation now, it is just going to exacerbate.”

At the meeting, Touhy highlighted the village’s strong reserve funds. These funds are allotted for different village functions, and each year a certain amount of money is budgeted to go into these funds. Ferraris predicts the village might have to tap into the reserve for some waterfront dock projects in the coming year. Protecting the village waterfront infrastructure is very important, said Ferraris, because the waterfront is a key asset to the village.

Touhy mentioned that maintaining the current assets of the village, which total approximately $9 million, is a chief priority.

“It is a delicate balance to fund and maintain our current assets without burdening our tax payers,” said Ferraris.

When planning the village budget, Ferraris recalls the advice of former village mayor Pierce Hance.

“He said, ‘you don’t prepare for the budget in one sitting, you prepare for it the whole year.’ The board makes [budgetary] decisions on a month to month basis,” said Ferraris. “We are going to try to do what is best for the next budget cycle.”

In February, Ferraris expects the board will begin working on the 2009-2010 fiscal budget.

Popularity: 4% [?]