HomeMy WebLinkAboutDredging - Wickham CreekRESOLUTION 2010-553
ADOPTED
DOC ID: 6044
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-553 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 27, 2010:
WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation
channel in Wickham Creek, Town of Southold; and
WHEREAS, the County of Suffolk proposed to do said dredging of Wickham Creek in the
Town of Southold at a nominal cost to the Town of Southold; and
WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other
documents must be executed on behalf of the Town of Southold; and
WHEREAS, this approval shall remain in effect for the period of the required permits and any
renewals thereof; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute all necessary, plans and specifications~ surplus
material area agreements~ assurances to the County of Suffolk, license and/or dredging
permit applications to Federal and State Agencies and any and all other documents that may be
required to accomplish said dredging work.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
ORIGINAL
ASSURANCES FOR DREDGING OF WICKHAM CREEK
TOWN OF SOUTHOLD, NEW YORK
WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation
channel in Wickham Creek, Town of Southold, as shown on the attached maps; and
WHEREAS, the County of Suffolk proposed to undertake said dredging; and
WHEREAS, the Supervisor of the Town of Southold by Resolution No. ~ Ol 0 ~<7.5'-~ of the
Town of Southold has been authorized and directed to sign for and on behalf of the Town of
Southold Assurances to the County of Suffolk, that the said Town of Southold will perform any
and all acts required to be performed by said Town in connection with the.preparation for the
dredging operation as aforesaid. In addition, the Town will obtain all necessary easements and
rights-of-way for said dredging operation, obtain the use of areas adequate to contain the surplus
material and secure all necessary rights incidental to said dredging operation.
NOW THEREFORE in consideration of the benefits to the Town of Southold, as aforesaid, the
Town of Southold hereby assures the County of Suffolk that it will:
Furnish, free at no cost to thc County of Suffolk, all lands, casements, rights-of-way,
releases from adjoining property owners, and nearby surplus material areas suitable to
contain the estimated dredge volume necessary for its activities which may be performed
as part of the dredging operations at Wickham Creek and all as shown on the attached
map; that the surplus material areas shall be immediately adjacent or nearby to the
location of dredging activities and within the capacity of the proposed dredging equipment
so as to insure that no additional financial burden be placed on the County. As necessary,
the Town shall be responsible for the transportation of the surplus material from the
adjacent or nearby surplus material area to the final disposal location (landfill, etc.). In
the event the Town is not equipped or cannot provide this service, it shall bear the costs
for same.
Indemnify and hold harmless the County of Suffolk from any claims, actions,
proceedings, judgments, liens, encumbrances or damages of any kind or nature what-so-
ever resulting from said improvement or resulting in any way from the said dredging
operation or the use of equipment at the said Town of Southold, or use of any surplus
material area or any other area affected by said dredging operation whether for new work,
subsequent maintenance or otherwise.
IN WITNESS WHEREOF, I have set my hand and seal of the Town of Southold
onthis o~J r'd Day of .~,J~'~s'~,2010
ATTEST:
TOWN OF S~t~LD, NEW YORK
(Attached to above Assurance shall be a certified copy of a resolution of the Town Board
authorizing and diroct'mg the Supervisor to execute this instrument).
MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@Lown.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
ori hulse@town southold ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
£ECEIV~5~
August26,2010.
Suffolk County Department of Public Works
335 Yaphank Avenue
Yaphank, NY 11980
Attention: Mr. Gilbert Anderson, P.E., Commissioner
Re: Maintenance Dredging at Wickham Creek/Town of Southold
Dear Mr. Anderson:
Pursuant to your letter dated July 14, 2010, I am enclosing two original
counterparts of the necessary assurances as well as a certified resolution for each in
connection with the referenced matter, which assurances have been executed by
Supervisor Russell and attested to by our Town Clerk, The remaining odginal
counterpart will be retained by our Town Clerk.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you for your assistance.
Very truly yours,
Secretary to the Town Attorney
/Ik
Enclosures ~
cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls,)