HomeMy WebLinkAboutTB-03/13/2001SOUTHOLD TOWN BOARD
MARCH 13,2001
WORK SESSION:
Present: Supervisor Jean W. Cochran, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman Brian G. Murphy, Councilman John M. Romanelli, Councilman Craig A. Richter, Town
Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski.
9:00 a.m. Appointment -Southold Town Trustees Re: Fees -Town Trustees President Albert
Krupski, Jr. and Trustee Kenneth Poliwoda appeared before the Town Board to discuss fees for their
department. They made the following recommendations for increasing their fees. Increase wetland
permit application fee from $150.00 to $200.00 for major projects. Add new fee of $50.00 for minor
projects. An additional fee of $50.00 for each time they to go out to make an inspection. Supervisor
Cochran stated that they are trying to make the income support the operations of a department, to a
point. The Town Board realizes that there are some that are never going to pay for themselves, but they
would like to see them as close as possible. Trustee Poliwoda said that Southampton fees are higher
than ours. They charge $250.00 for a wetland permit and all of their fees are higher than what the
Trustees are proposing. President Krupski said that the wetland permit covers any structure in the
marsh on your property. The minor fee covers fences and small sheds. Currently they sometimes apply
for waivers, if they can, for which the fee is $40.00. Councilman Richter questioned the coastal erosion
hazard area fees. President Krupski explained that these fees piggyback the wetland fees and said that
they occasionally have one of these. The variance application under Chapter 37 is something that only
came up once in the last ten years. Justice Evans asked what the construction fee over town waters was
for? President Krupski stated that this is for catwalks, ramps, floating docks, and any new construction
that is built over the town waters bottom. The fee for new construction bulkhead was questioned,
President Krupski said that this fee has never been invoked in his time. Mooring fees to go up 25%, the
application fee is $25.00 plus so much per ft. depending on the length of the boat. He questioned if the
inspection of moorings would fall under the duties of the Bay Constable. Supervisor Cochran advised
that they will check to see whose responsibility it is to inspect moorings. Councilman Romanelli asked
how many moorings there are? President Krupski answered between 500-600. He said that they are
working on having the person pull their mooring every third year and check it for safety and they
would have to be able to verify that it was pulled. Councilman Romanelli said that their fees are
inexpensive compared to a marina. Supervisor Cochran said that she would like to see them reviewed.
President Krupski said that it is very difficult to check on moorings that appear to be unused because
people will say that they used it for one month during the summer and they pulled the boat out. He said
that it is a very limited resource and there is a waiting list. He recommended keeping the duck blinds at
$25.00, raising pilings and stakes from $50.00 to $75.00. Requests for an extension or transfer of a
permit is $10.00, if an inspection is needed then there is another $40.00 fee. They only give two one-
year extensions and they have to apply before the permit expires. Supervisor Cochran asked whether
people are still required to put steps on both sides of their catwalks? Yes, this is still required as you
must be able to walk across the beach. Trustee Poliwoda said that there should be some teeth in these
laws and there should be stiff fines. Supervisor Cochran said that the fines are up to the judge. He said.
that he finds it appalling that someone can clear cut land right to the bulkhead and then pay a $25.00
fine. President Krupski said that he would like it to required to do restoration work and put everything
back the way it was. Trustee Poliwoda said that the Town Code should be changed. Supervisor
Cochran asked him to write it up and bring it back to the Town Board. President Krupski asked about
the five-acre zoning. Supervisor Cochran said that it is not on the agenda now. He asked when it can be
discussed. The Supervisor advised that there will be a public hearing, possibly an information meeting
prior to that. President Krupski said that a lot of people are interested in it and that's being kind.
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9:15 a.m. Appointment- Highway Superintendent Raymond Jacobs Re: Fees. Mr. Jacobs gave his
opinion that the fees are high enough now. He said that if we charge the utility companies more, they
will just pass it on to the customers anyway. He doesn't have them post maintenance and surety bonds
because it just involves handling a lot of money for nothing. If he ever has a problem with them, they
will have to start. He suggested that someone check with the other towns t see what their fees are.
Supervisor Cochran said Jamie Richter will be asked to make a comparison of other town's fees"
9:30 a.m. Appointment -Valerie Scopaz and Suzanne Donovan Re: SEEDS Program. Ms. Scopaz
introduced Suzanne Donovan, the new East End Transportation Council Coordinator. Ms. Scopaz said
that the purpose of this meeting was just to let them know what has been going on for the last 4 years
with the Transportation Council, Metropolitan Transit Authority, New York State Department of
Transportation, and the east end towns. Ms. Donovan will be the liaison between the Council and each
town board. She plans to spend time going out to meet each one. Ms. Donovan advised that they will
be starting with a consulting agency in April through federal funds to conduct the SEEDS process.
(Sustainable East End Development Strategies) Printed information was distributed on the
Transportation Action Strategy for 2001 and SEEDS program.
10:00 a.m. Appointment - Representatives of the Suffolk County Water Authority, Steve Jones,
Chief Executive Director, Deputy Herman Miller, and Chief Engineer Joseph Porkorney met
with the Town Board Re: Laurel Lake well field improvements. Mr. Jones said that they want the
Town Board to be aware of what is going on. They also will be holding a series of information
meetings throughout town. They will also meet with Mattituck Fire Department. The project will
provide increased water pressure and flow rates necessary to handle the current and future demands. It
will take about one year to complete. It is necessary to have an elevated storage tank at the west end
of the system. They already have one at Greenport. This new one will balance out the wells and sites.
It will smooth out the problems everyone is experiencing when they get up in the morning and turn on
their sprinklers and showers. Councilman Richter asked where they propose to locate it. Mr. Jones
said that it will be at the highest point of their property, which is absolutely crucial. It will be above
the tree line in some places. The people who live the closest to it, will see it the least. Supervisor
Cochran asked if the Town will have the opportunity to put signal on the tower. Mr. Jones said yes.
Councilman Moore asked about the status of the project around the landfill. Mr. Herman Miller
replied that they are in the process of laying the pipe and getting the pump station up and running.
They are shooting for the target date of May 1st. Councilman Moore asked how far up Cox Lane they
will be going. Mr. Miller replied as far as Matthews Lane. Mr. Jones explained that they will be
jacking under the roads instead of cutting them up
10:30 a.m. Appointment - John Sepenoski and Lloyd Reisenberg Re: Computer Internet policies
and other issues. Access to the Internet was discussed. It was decided that the department heads will
make the decision of who receives it in their department. Policies for use of Internet and preventing
abuse will have to be established. There are software packages available to enable monitoring Internet
use. Mr. Sepenoski requested that only data processing be allowed to download software. Individuals
downloading software themselves could lead to all sorts of problems and the possibility of bugs and
crashes. It is hoped that the Internet connections will be made within a month, it all depends on
Verizon. The Town Board asked about the Tax Receiver's program. Mr. Sepenoski has been in touch
with George Vitti of BAS. They will be able to do it by September and the cost will be $38,000.00 to
upgrade the Tax Receiver to windows 98. Telephones. The Town Board asked about the town hall
telephone system. Mr. Sepenoski stated that they are a disaster. They are trying to get the outside line
straightened out. He explained that every time the company comes and fixes two things, then they
leave and other problems develop as a result of what they fixed. However, there is now a service
maintenance agreement with Expanets for the system, so it is hoped that things will get better.
10:45 a.m. - The Town Board reviewed Resolution Nos. 223 through 252 to be voted upon at the
regular meeting.
On motion by Justice Louisa Evans, seconded by Councilman Brian Murphy, it was
RESOLVED that the Town Board of the Town of Sou8thold hereby enters into Executive Session at
10:55 a.m. for the purpose of discussion personnel, sale of property, and contracts.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
On motion by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive
Session at 11:25 a.m.
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Vote of the Town Board: Ayes: Councilman Richer, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
Councilman Richter advised that there will be a presentation on the Town Hall Addition/Expansion at
the next meeting on March 27, 2001.
Councilman Moore advised that he has a draft of a Local Law for "Historic Preservation" in which the
Town Board will designate the districts.
Supervisor Cochran advised that Joe Gergela of the Farm Bureau will be coming in to meet with her on
the five (5) acre zoning.
12:05 p.m. - The Town Board lunch break.
On motion by Justice Louisa Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at
1:40 p.m. for the purpose of discussing attorney/client contracts with regard to the landfill
closure.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was ADOPTED.
On motion by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session
at 3:12 p.m.
Vote of the Town Board: Ayes:
3:15 p.m. (2:30 Appointment) Venetia McKeighan, Director of Human Resources and Comptroller
John Cushman: re nutrition grant program. Mr. Cushman explained that every three years the
town prepares a list of county programs and then receives the figures from the county. However,
this year when he received the county's figures, the town had over estimated on the number of
meals we served. Also, the county changed the funding stream to two sources of money,
congregate and SNAP. The town estimates the number of meals and the county pays on that
basis. There was a shortage of 53 meals. Ms. McKeighan feels that perhaps it can be made up
by more success in the Greenport sub-site at the A.M.E. Zion Church in the future, she is going
to work on it. The proposed "massage therapy" program was discussed. Mr. Cushman advised
that as a town employee this person would earn $8.43. Ms. McKeighan said that the going rate
for hiring qualified people for these positions is $51.16. They discussed making the job a sub-
contractor instead of a town employee. The independent contractor avenue would probably be
the best solution. Possible titles of Recreation Specialist or Maintenance Mechanic I were
discussed. Supervisor Cochran and Comptroller Cushman will meet with the union, and
Assistant Town Attorney Mary Wilson will meet with Richard Zuckerman on this matter.
This work session ended at 3:56 p.m.
3/13/01 4
GENERAL MEETING
MARCH 13,2001
7:00 P.M.
A Regular Meeting of the Southold Town Board was held on March 13, 2001, at the Southold
Town Hall, Southold, New York. Supervisor Cochran opened the meeting at 7:00 P.M. with the Pledge
of Allegiance led by Town Clerk Neville.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: I need a motion to approve the audit of bills for March 14, 2001.
Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of $190,038.90; General Fund Part Town bills in the amount of $14,002.40; Highway
Fund Whole Town bills in the amount of $9,222.37; Highway Fund Part Town bills in the amount of
$31,306.90; Capital Projects Account bills in the amount of $9,746.18; Landfill Cap & Closure bills in
the amount of $5,999.52; Community Pres Fund (2% tax) bills in the amount of $661,533.00; Compost
Land Acquisition bills in the amount of $4,719.53; Employee Health Benefit Plan bills in the amount
of $6,700.34; E-W Fire Protection District bills in the amount of $139,758.50; Fishers Island Ferry
District bills in the amount of $22,029.03; Refuse and Garbage District bills in the amount of
$131,224.56; Southold Wastewater District bills in the amount of $8,032.38; Fishers Island Sewer
District bills in the amount of $585,00; Southold Agency & Trust bills in the amount of $5,886.63;
Fishers Island Ferry District Agency & Trust bills in the amount of $348.70.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Also, to approve the next regular Town Board meeting Tuesday, March
27, 2001, 4:30 P.M.
Moved by Justice Evans, seconded by Councilman Murphy, it was
RESOLVED that the next regular meeting of the Southold Town Board will be held at 4:30 P.M.,
Tuesday, March 27, 2001, at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
I. REPORTS.
SUPERVISOR COCHRAN: As you know the different departments and the different committees
presents the Town Clerk their monthly report. They are place on file. They are public information.
They are available to anyone that is interested. They can be obtained from our Town Clerk.
1. Southold
2. Southold
3. Southold
4. Southold
5. Southold
6. Southold
7. Southold
8. Southold
Town Clerk's Monthly Report for February 2001.
Town Recreation Department Monthly Report for February 2001.
Town Scavenger Waste Treatment Facility Monthly Report for February 2001.
Town Program for the Disabled for February 2001.
Town Justice Evans' Monthly Court Report for February 2001.
Town Justice Price's Monthly Court Report for February 2001.
Town Police Department JAB/Bay Constables Monthly Report for February 2001.
Town Justice Bruer's Monthly Court Report for February 2001.
II.PUBLIC NOTICES.
3/13/01 5
SUPERVISOR COCHRAN: As far as public notices are concerned we have a notification from the
U.S. Corp of Engineers, in relation to an application to construct a pier ramp at Beebe Drive in
Eugene's Creek in Little Peconic Bay. Written comments by March 22, 2001. Also public notice in
relation to brush cleanup. The Highway Superintendent, Jake there, has his brush cleanup every spring
and fall, and again this year six weeks prior to the cleanup you can take your leaves into the landfill
without a charge.
1. U. S. Corps of Engineers, NY Division, Notice of Application of Douglas and Carol Ryan to
construct a pier, ramp, and float at 3150 Beebe Drive Extension, in Eugene's Creek, Little
Peconic Bay, Cutchogue, Town of Southold. Written comments to be received by March 22,
2001.
2. Southold Town Highway Superintendent's Notice of Spring Leaf and Brush Cleanup.
III. COMMUNICATIONS.
SUPERVISOR COCHRAN: Under communications Jim McMahon did receive a letter from George
Aldcroft in relation to Goldsmith Inlet.
1. George Aldcroft to Jim McMahon concerning Goldsmith Inlet.
IV PUBLIC HEARINGS.
1. 7:30 P.M., on 202B bond for Landfill Closure.
2. 7:34 P.M., Pursuant to Article 2 of the N.Y.S. Eminent Domain Procedure Law for temporary
easements over portions of properties in connection with the Landfill Closure.
3. 7:36 P.M., on 202 Bond for the Purchase of the Property of McBride, SCTM #1000-096-1-2.
4. 7:40 P.M., on the proposed purchase of Development Rights of a certain parcel at property of
Schreiber, SCTM #1000-95-1-4.
5. 7:42 P.M., on the proposed purchase of certain property ofMcGunnigle, SCTM #1000-106-6-14
and 20.
6. 7:44 P.M., on the proposed "Local Law in Relation to Building Permit Fees, Chapter 45, Article
VIII, Fire Prevention and Building Code, Uniform of the Code of the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board has a policy that prior to the adoption of
resolutions you have opportunity to address the Town Board with any input you may have. If it does
not relate to any of the resolutions at the end of the Board meeting there is a time where you may
discuss and present or share with the Town Board you may have in relation to Town business. We
have hearings scheduled this evening, not only in relation to Farm Preservation, but also in relation to
capping of the landfill. They do not start until 7:30, so at this time we will begin the resolutions. Is
there anyone that would like to address the Board on any of the printed resolutions? Mrs. Hussie?
ALICE HUSSIE: Alice Hussie, Southold. Number 225, and I like your numbering system, authorized
a Notice of Award for the construction to Terry Contracting? What is the bottom line on that? How
much?
SUPERVISOR COCHRAN: Alice, it doesn't happen to be included here on the back of the material
because it was discussed a couple of weeks ago in relation to presentation and different amounts that
were presented. I can tell you at this time the gentleman was the lowest, and I thought it was around
the $6,000,000 mark, but I don't want to misquote.
ALICE HUSSIE: You don't really know. Do you think you will have that between now and when you
have the hearings, because it will be apropos to some other things I might have to say? Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to any of the
resolutions? Mr. Carlin?
FRANK CARL1N: Good evening, ladies and gentlemen of the Board. You know before I start a couple
of times I have been coming to Board meeting and the cameraman has been a little late. Not that it
means anything to me. I don't care less. I have been coming to Board meetings before they were even
on TV, but I dawned on me, Madam Supervisor, maybe why sometimes they are late. I wonder do they
stop off at McDonalds and they are so fascinated with the facility that they forget what time it is. Do
3/13/01 6
you ever stop and think about that one? Now, I have something simple to ask you. I understand that
new law now, when you have public hearing to put notice to everybody in the town.
COUNCILMAN MOORE: Only under certain circumstances, yes, not every pubic hearing, only
certain ones.
FRANK CARL1N: Not everybody in town?
COUNCILMAN RICHTER: Fishers Island didn't get one.
JUSTICE EVANS: Because we are not taxing district.
FRANK CARL1N: You sent out to over 20,000 thing?
SUPERVISOR COCHRAN: Everybody by law. It is a new law. When did that start?
COUNCILMAN MOORE: Just recently.
SUPERVISOR COCHRAN: Very recent, Frank.
FRANK CARL1N: It bothers me a little bit here. I am a little bit puzzled here. These two notices they
are written alright, but you say nothing on the notice about a bond issue, yet you say in your
resolutions, a bond issue. What didn't you mention it on this public notice about the bond issue, let the
people know a little bit more. You failed to indicate this is going to be a bond issue tonight, too.
SUPERVISOR COCHRAN: I believe it was done by our legal staff and it was according to the law.
FRANK CARL1N: What law?
SUPERVISOR COCHRAN: The new law that was just passed, and this wording and everything
comes from the bond counsel. It is a court decision, not a new law.
FRANK CARL1N: Indicate on something if it is a public notice, if it is going to be a bond or not. I
don't think there is no law on that. Yet on your resolutions you say it's a bond. Here's another one, on
resolution 260, on $2,600,000 on the improvement of facilities on the Solid Waste Management
Program. I will be getting into that later. You say it is a bond issue. Now, you go down to resolution
262, which is the second one on this notice on the McBride's property, and you mention nothing about
a bond issue. Now, these two factors are together on one public hearing yet you call one a bond issue,
and the other one you don't call a bond issue. Come on, let's...
SUPERVISOR COCHRAN: Frank, let's listen a minute. We have public hearings scheduled on this
night, and we will try to answer all your questions. We will be having our engineer with us, our Special
Counsel, our Comptroller from the Town, Jim, the head of our landfill, so if you could hold your
questions for that portion of the meeting you will get every answer you will need. They are going to be
doing a presentation first, which will answer a lot of your questions.
FRANK CARL1N: I am glad you said because I am going to lot of them, and please, don't tell me that
we had a long day, and we want to go home.
SUPERVISOR COCHRAN: I didn't say that. You are going to get every answer you need. They are
going to be doing a presentation, which will answer a lot of your questions.
FRANK CARL1N: I am glad you said that because I am going to have a lot of them, and please don't
tell me you had a long day, and we want to go home.
SUPERVISOR COCHRAN: I didn't say that, Frank.
FRANK CARL1N: Please, don't tell me, like sometimes you do. Sometimes you do. I am glad you
told me because I have plenty to say tonight.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any of the resolutions?
BERNARD HE1NISCH: My name is Bernard Heinisch. I live on the North Road. Am I to understand
that resolution 260 and 262 is still open for further discussion?
3/13/01 7
SUPERVISOR COCHRAN: That is part of the hearing. Anyone else like to address the Town Board
on any printed resolution? (No response.) If not we will start with Resolution #222.
#222
Moved by Councilman Richter, seconded by Councilman Murphy, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant
Richard Perkins~ Southold Town Police Department~ to attend the Property and Evidence
Training Seminar presented by the International Association for Property and Evidence, Inc.
commencing on Monday, April 23, 2001 through Tuesday, April 24, 2001 at West Point, New York.
All expenses for registration, travel, accommodations, and meals shall be a legal charge to the Police
Department Training budget line.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#223
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Sacred
Heart Church~ Cutchogue~ New York~ to hold an "Outdoor Stations of the Cross Procession" on
Good Friday, April 13, 2001 at 6:00 p.m. commencing at the Sacred Heart Church proceeding north on
School House Road east on North Road then west on Main Road returning to the church, estimated
time for procession is one and one-half hours, provided they file with the Town Clerk a One Million
Dollar Certificate of Insurance naming the Town of Southold as an additional insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#224
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment
from the Data Processing Department as Surplus Town Equipment:
Asset # Item
1231 AT&T System 25 Phone System
658,1278,657,1974,1149 Various cell phones
3,10,14,16,457,462,36,1145,1146,
5,7,464,4,9,42,460,1143,1144,1260,1264,
1810,34,15,17,35,40,463,1752,1753 IBM 3197 Display Stations
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 225, providing "Notice of Award" to Terry Contracting, we will
hold temporarily.
#226
Moved by Justice Evans, seconded by Councilman Richter, is was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of East Coast
Mines & Materials Corporatiom Route 2~ Lewis Road~ East Quogue~ N.Y. for the purchase of
10~000 yds. of screened sand~ more or less~ as may be needed at the bid price of $7.23 per yard, all
in accordance with the bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#227
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
To:
Appropriations:
Public Safety Communications
A. 3020.2.200.700 Communications Equipment $104, 665.00
Revenues:
Services Other Governments
A.2210.35 PSAP Grant
$104,665.00
3/13/01 8
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#228
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
To:
Appropriations:
Community Beautification
A. 8510.2.400.100 Mattituck Chamber Project $27,226.00
A. 8510.2.400.200 Cutchogue Chamber Project $34,359.52
Revenues:
A.2389.10 Mattituck Chamber Grant $27,226.00
A.2389.20 Cutchogue Chamber Grant $34,359.52
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#229
Moved by Councilman Moore, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for the position of part-time food service worker for the Nutrition
Center at the Human Resource Center.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#23O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
To:
Appropriations:
Town Attorney
A. 1420.4.500.200 Legal Settlement $23,933.80
From:
Contingent
A. 1990.4.100.100 Unallocated Contingencies $23,933.80
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#231
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2001 budget as follows:
To:
B.8020.4.500.300
From:
B. 1990.4.100.100
Planning
Fee for Services, Non-employee
Environmental Consultants
$3,650.00
Contingent
Unallocated Contingencies $3,650.00
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#232
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold authorize and direct Supervisor Jean W.
Cochran to execute an agreement with the following individuals for the spring 2001 recreation
programs, all in accordance with the approval of the town attorney:
Thomas Boucher (guitar) ...................................................................... $25/hour
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Eugenia Cherouski (folk dancing) ............................................................ $20/hour
Shirley Darling (tennis) ........................................................................ $25/class
Martha Eagle (Aerobics) ....................................................................... $3 O/hour
East End Insurance Services (Defensive Driving) .......................................... $30/person
Bob Fisher (computers) ......................................................................... $25/hour
Rose Gatto (cooking) ........................................................................... $20/hour
Frank Gatto (cooking) .......................................................................... $1 O/class
Dan Gebbia (dog obedience) .................................................................. $45/dog
Carol Giordano (Baton) ........................................................................ $20/class
Steve Guglielmoni (financial management) ................................................. $20/person
David Haurus (golf) ............................................................................. $38/person
Mary Hewitt (creative scrapbooking) ......................................................... $20/hour
Hidden Lake Farms (Horseback Riding) ..................................................... $175/person
Rosemary Martilotta (yoga) .................................................................... $50/class
Tom McGunnigle (golf) ......................................................................... $45/person
Jim Mikelbank (youth basketball) ............................................................. $20/hour
Theresa Pressler (youth program) .............................................................. $20/hour
Laurie Short (bodyworks class) ................................................................ $20/hour
Yola Van Huele (ballroom dancing) ........................................................... $25/hour
Chris Vedder (golf) ............................................................................... $38/person
Dorothy Wolf (bridge) ........................................................................... $25/hour
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#233
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby hires Maile Aiwohi as a part-
time Food Service Worker for the Human Resource Center~ at the rate of $8.88 per hour, effective
March 14, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#234
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Paula Quiutieri as a
full-time Clerk-Typist in the Southold Town Zoning Board of Appeals Office at a salary of
$25,108.42 per year, effective April 16, 2001.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#235
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Love
Lane and Pike Street~ east and west of Love Lane. Mattituck, New York, from 8:00 a.m. to 4:30
p.m., Saturday, July 7, 2001 (Raindate: Sunday, July 8, 2001) to permit the Mattituck Chamber of
Commerce to hold their Annual Mattituck Street Fair provided they file with the Town Clerk, a
One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional
insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#236
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Robert Green
Truck Divisiom Rock Hill~ New York~ for Two (2) New 2001 Light-Duty Dump Trucks~ at the bid
price of $54,842.00, for use by the Highway Department, all in accordance with bid specifications,
and the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
3/13/01 10
#237
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Mattituck/Cutchogue Little League for permission to use town roads beginning at the North
Fork Bank parking lot proceeding west on the Main Road to the Laurel Ball Field on Aldrich
Lane~ Laurel~ New York for their "Opening Day Parade" on Saturday, May 5~ 2001~ beginning at
10:00 a.m. and ending by 12:00 p.m. noon, provided they file with the Southold Town Clerk a One
Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional
insured:
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I am holding #238, agreement with DemandStar.com. Inc. for bidding
notification services. It will get back on in two weeks.
#239
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Cochran
to execute an agreement with Diversified Technology Consultants for engineering services for
Fishers Island Sewer District for the year 2001 all in accordance with the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#24O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights of a
certain parcel of property of agricultural lands owned by Robert Schreiber, said property is identified
as SCTM# 1000-95-1-4, and is located on the north side of Oregon Road, approximately 350' west of
the intersection of Alvah's Lane and Oregon Road, in Cutchogue. The development rights easement
comprises approximately 32.27 acres of the 47.4 acre farm. The exact area of the development rights
easement is to be determined by a town provided survey, acceptable to the Land Preservation
Committee prior to the contract closing. The purchase price is $14,500.00 (fourteen thousand five
hundred dollars) per acre and is pursuant to the provisions of Chapter 25 and/or Chapter 6 of the Code
of the Town of Southold; now therefore be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant t the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 241 will be held until after the hearing
#242
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold wishes to purchase the property owned by
Agnes McGunnigle, comprising approximately 25.5 acres located on the Northeast corner of Bay View
Avenue and Mill Road, Mattituck, identified as SCTM# 1000-106-6-14 & 20, at the price of
$500,000.00, pursuant to the provisions of Chapter 59 and/or Chapter 6 of the Code of the Town of
Southold. The exact area of the purchase is subject to a survey acceptable to the Land Preservation
Committee prior to the contract closing; now therefore be it
RESOLVED by the Town Board of the Town of Southold that "this action be classified as an Unlisted
Action pursuant t the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
3/13/01 11
RESOLVED that the Town Board of the Town of Southold hereby finds no significant
impact on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: Number 243 will be held until after the public hearing.
#244
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of
residential leaves and brush at the Southold Town Landfill~ free of charge~ for six {67 weeks prior
to and during the schedule Fall and Spring Clean-lip Weeks in the year 2001 (beginning March 19
through April 27), as per the request of Raymond L. Jacobs, Superintendent of Highways.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#245
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby approves the release of the
subdivision bond no. 621920 from the First Indemnity of America Insurance Company in the amount
of $300,000.00 for road and improvements in the Richmond Shores subdivision, issued to Robert E.
Cummins and R.E.C. Realty Compan¥~ all in accordance with the recommendation of the Southold
Town Planning Board, subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#246
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the Letter Credit No.
01005 of the Suffolk County National Bank in the amount of $296,226.00 for roads and improvements
in the subdivision of Richmond Shores, issued to Schembri Homes~ Inc., all in accordance with the
recommendation of the Southold Town Planning Board, subject to the approval of the Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#247
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Georgia
Rudder to the position of full-time Building Permits Coordinator in the Building Department,
effective March 9~ 2001, at a salary of $41,183.77 per year plus appropriate longevity.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#248
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS it has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 13th day of March, 2001 a Local Law entitled "A Local Law in
relation to Site Plan Fees, Chapter 100, Article XXV, Zoning Code, Site Plan Approval, of the
Code of the Town of Southold" and, now therefore be it
RESOLVED the Town Board of the Town of Southold hereby sets 5:00 _p. m. Tuesday,
March 27, 2001 at the Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place for a public hearing on the aforesaid Local Law, at which time all interested persons will be
heard.
3/13/01 12
The proposed "Local Law in relation to Site Plan Fees~ Chapter 100~ Article XXV~ Zoning
Code, Site Plan Approval, of the Code of the Town of Southold" and, which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to A Local Law in relation to Section 100-25 (Zoning Code) of the
Town Code:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 100, Article XXV, Zoning Code, Site Plan Approval, of the Code of the Town of Southold is
hereby amended as follows:
§ 100-256. Application requirements; fees.
B. Fees.
(1) The application fee for a new site plan shall be ~ ~"~ c,c~.. ~,~ r~ <~ ~
................. ~ ....... ~, .... ~ three
hundred dollars ($300.) per acre or any fraction of an acre thereof, plus m~amt~five-
· ~,.~,~o .... ,~,~o*~ ~,,,.,,~~n n~>~ five cents ($0.05). . per square foot of building area.
(2) The application fee for a revised site plan shall be,~..,~"~ ..~..,~.,~,~""~"~ ~.~2cc~-' ,~,~..,.. o~"~"~ ~, · ~,,.Jr~ <~ ~
three hundred dollars ($300.), plus * ...... ~ c.,~ .~,.~ .... *~ r~ ~<~ five cents ($0.05)
per square foot of building area.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#249
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Senior Bay
Constable Donald Dzenkowski to attend the New York State certification course on how to apply
anti-foulin~ paints sponsored by the New York Marine Trades Association, at Amityville, New
York, commencing Monday, March 19, 2001 through Friday, March 23, 2001. Travel will be by
Town vehicle. Registration fee of $220.00 plus books and subject material and expenses for meals
shall be a legal charge to the Bay Constable Meetings and Seminars budget line A.3130.4.600.200.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#25O
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Event
Power Event Management By Total Trainin~ Inc. for the use of town roads for the "DuNorth"
pre-event for the Mighty North Fork Triathlon for the benefit of the North Fork Promotion
Council on Sunday, April 22, 2001 from 7:30 a.m. to 11:30 a.m. beginning and ending at the Industrial
Park on Cox Lane, Cutchogue, New York. The following town roads will be used: Cox Lane, Depot
Lane, Oregon Road, Wickham Avenue, Mill Lane, and Bridge Lane. This permission is granted
subject to the filing with the Town Clerk of a One Million Dollar Certificate of Insurance naming the
Town of Southold as an additional
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#251
Moved by Justice Evans, seconded by Councilman Romanelli, it is
RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Cases
Lane~ Cutcho~ue, New York from 7:00 p.m. to 10:00 p.m., or such period as is deemed necessary by
the Police, Saturday, August 11, 2001, as a safety precaution during the Twenty Second Annual
Douglas Moore Memorial Concert to be held on the Cutcho~ue-New Suffolk Historical Council's
Village Green, New York State Route 25, Cutchogue, New York, provided that they file with the
Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an
additional insured.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#252
Moved by Councilman Richter, seconded by Justice Evans,
RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to James
Bunchuck~ Solid Waste Coordinator to attend the Sprin~ Meetin~ of the Northeast Recyclin~
Council from March 28 through March 30, 2001, at Hartford, Connecticut, and all necessary expenses
3/13/01 13
for registration, travel, accommodations, and meals shall be a legal charge to the Solid Waste District
2001 budget.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#253
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town
Clerk Elizabeth Neville to re-advertise for a Member of the Southold Town Board of Ethics
Committee.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: ! am going to stop with the resolutions at this point, because it is almost
7:30 P.M. ! need a motion to recess for a public hearing.
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 7:30 P.M. for the public
hearings.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Meeting reconvened at 10:52 P.M.
#254
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town",
respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management
District, heretofore established and now existing in the Town (herein called "District"), has heretofore
determined to increase and improve the facilities of the District, described as the capping and closure
of the Southold Landfill, in Cutchogue, in the District, consisting of the installation of a geo-membrane
cap topped with dirt and sand ~-~ c.,;~ ,,,;~ ~ .... c ..... ~ ............ ~ ..... ~
west side of the Landfill and the grading of-the 29 acres, more or less, on the east side to maximize run
off and the installation of a geo-membrane cap covered with vegetative supportive mulch and soil
(herein called the "Project") , at the estimated maximum cost of $5,800,000, including preliminary
costs and costs incidental thereto and the financing thereof, pursuant to the Resolution and Order After
Public Hearing duly adopted on November 25, 1997, after a public hearing duly called and held on
said date, all in compliance with the Stipulation of Settlement entered into by the Town and the New
York State Department of Environmental Conservation, dated October 5, 1994; and
WHEREAS, upon the receipt of sealed bids for the Project, it was determined that due to
increased costs of labor and materials, the estimated maximum cost thereof has increased by the
amount of $2,000,000 to the amount of $7,800,000, and it is now necessary and desirable and in the
public interest and the best interest of the Town to increase the total appropriation for such increase
and improvement of facilities by said amount of $2,000,000, and such estimated maximum cost from
$5,800,000 to $7,800,000; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable
federal, state and local laws and regulations regarding environmental matters, including compliance
with the New York State Environmental Quality Review Act, comprising Article 8 of the
Environmental Conservation Law, as related to the impact that the increase and improvement of
facilities of the District at the estimated cost specified herein may have upon the environment and that
no substantial adverse environmental impact will be caused thereby; in connection therewith, a duly
executed Short Environmental Assessment Form on the basis of such has been filed in the office of the
Town Clerk;
NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described and designated as the Project, at the increased estimated maximum
cost of $7,800,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and, further,
that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful
estimates of the expense of said increase and improvement of the facilities and, with the assistance of
the Town Attorney, prepare a proposed contract or contracts for the installation of the Project, which
3/13/01 14
specifications, estimate and proposed contract(s) shall be presented to the Town Board. as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of such increase and improvement of facilities shall
be financed by the issuance of not to exceed of $7,800,000 serial bonds of the Town, and the costs
thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and
collected from the several lots and parcels of land within said District by the Town Board in the
manner provided by law, but if not paid from such source, all the taxable property within said Town
shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to
pay the principal of and interest on said bonds; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and
Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after
adoption hereof.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#255
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York,
has heretofore duly authorized the increase and improvement of facilities of the Southold Solid Waste
Management District, in said Town, as more fully described in the bond resolution adopted by the
Town Board on November 25, 1997 and hereinafter amended, at the estimated maximum cost of
$5,800,000, which amount was appropriated therefore pursuant to said bond resolution; and
WHEREAS, due to the increased cost of labor and materials, the said Town Board has
determined that the estimated maximum cost of said increase and improvement of facilities is now
$7,800,000, and it is necessary and in the public interest to increase the appropriation therefore by
$2,000,000 and to amend said bond resolution to reflect such increased amount; Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said
Town Board) AS FOLLOWS:
Section (A) .The bond resolution of said Town adopted by the Town Board on November 25,
1997, entitled:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 25, 1997, APPROPRIATING
THE AMOUNT OF $5,800,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE SOUTHOLD
SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN,
AND AUTHORIZING THE ISSUANCE OF $5,800,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
is hereby amended to read as follows
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 25, 1997 AND AMENDED
MARCH 13,2001, APPROPRIATING THE AMOUNT OF
$7,800,000 FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE SOUTHOLD SOLID WASTE
MANAGEMENT DISTRICT, IN SAID TOWN, AND
AUTHORIZING THE ISSUANCE OF $7,800,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the
"Town", respectively), in the County of Suffolk, New York, acting on behalf of the Southold Solid
Waste Management District (herein called the "District"), in the Town, has heretofore determined to
increase and improve the facilities of the District, as hereinafter described, and, after a public hearing
duly called and held, the Town Board has determined, pursuant to the Resolution and Order After
Public Hearing duly adopted on this date, that it is in the public interest to so increase and improve the
facilities of the District at the' increased estimated maximum cost of $7,800,000 as specified in said
Resolution and Order After Public Hearing, and has ordered that the facilities be so increased and
improved at such cost and that the Engineer prepare specifications and an estimate of the cost and, with
the Town Attorney, prepare a contract (5) for presentation to the Town Board, as soon as possible;
Now, therefore, be it
3/13/01 15
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of
said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $7,800,000 for the increase and
improvement of facilities of the District heretofore authorized pursuant to the Resolution and Order
After Public Hearing referred to in the Recital hereof, described as the capping and closure of the
Southold Landfill, in Cutchogue, in the District, consisting of the installation of a geo-membrane cap
topped with dirt and sand and fin;~shed --';*~ ~* .... c ..... ,~ ............ ~ ..... ,~ ...... ·
s;~de of the Landfill and the grading of the 29 acres, more or less, on the east-side to maximize run off
and the installation of a geo-membrane cap covered with vegetative supportive mulch and soil
(hereinafter sometimes called the "Project"), all in compliance with the Stipulation of Settlement
entered into by the Town and the New York State
Department of Environmental Conservation, dated October 5, 1994. The estimated maximum cost of
the Project, including preliminary costs and costs incidental thereto and to the financing thereof, is
$7,800,000. The plan of financing includes the issuance of $7,800,000 serial bonds of the Town to
finance the said appropriation and such amount, including payment of principal of
and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of
land within the District by the Town Board in the manner provided by law, but if not paid from such
source, all the taxable property within the Town shall be subject to the levy of an ad valorem tax,
without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds as
the same shall become due and payable.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount
of $7,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called "Law" }, to finance the said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of the specific object or the purpose for which said
$7,800,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a.6-b of the
Law, is twenty (20) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in
anticipation Of said bonds may be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said bonds are authorized. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board, acting in the role of Lead Agency, has determined and found that
pursuant to the applicable provisions of the New York State Environmental Quality Review Act
(" SEQRA"), no substantial adverse environmental impact will be caused by the increase and
improvement of facilities of the District; in connection therewith, and a duly executed Short
Environmental Assessment Form has been filed in the office of the Town Clerk.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes
issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of
the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of
the Town, payable as to both principal and interest by a general tax upon all the taxable real property
within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and provision shall be made annually in the
budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any
notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and
payable in such year.
Section 5. Subject to the provisions of this resolution and of
the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of
bonds having substantially level or declining annual debt service, Section 30.00 relative to the
authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00
of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes
and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein
authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes
issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby
delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is not
authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such
resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the
date of such publication, or
3/13/01 16
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 7. This resolution shall take effect immediately-
Section (B). The amendment of the bond resolution set forth in Section (A) of this resolution
shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant
to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be
deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended.
Section (C). This resolution shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#256
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY
OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to publish the foregoing amended bond
resolution, in summary, in "THE SUFFOLK TIMES," a newspaper published in Southold, New York,
and having a general circulation in said Town, which newspaper is hereby designated as the official
newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the
form prescribed by Section 81.00 of the Local Finance Law of the State of New York.
Section 2. This resolution shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#257
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS the Town Board of the Town of Southold as the governing body of the Southold
Solid Waste Management District held a public hearing on March 13, 2001 pursuant to Article 2 of the
Eminent Domain Procedure Law, regarding the acquisition of temporary easements over portions of
the following parcels of property located within the Town of Southold, in connection with the District's
capping and closure of the Southold Landfill located in Cutchogue, New York:
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
Temporary Easement #
Reputed Owner
SCTM#
lA
Frank McBride
1000-96-1-P/O 2
lB
John Krupski, Jr.
1000-95-2-P/O 1.001
lC
Frank McBride
1000-83-3-P/O 6.001
2A
Bayberry Enterprises
1000-84-3-P/O 3
2B
Blast Holding LLC
1000-84-3-P/O 5
3A
Corazzini, Richard W. Jr.
1000-84-1-P/O 26.002
3B
372 Jericho Corp.
1000-84-1-P/O 26.003
4A
Frank Lyburt and Donna Lyburt
1000-96-1-P/O 16
4B
First Baptist Church of Cutchogue
1000-96-1- P/O 13.001
BE IT RESOLVED, that the Town Board of the Town of Southold, as the governing body of
the Southold Solid Waste Management District, makes the following Findings and Determination:
F1NDINGS AND DETERMINATION
1. The acquisition of the temporary easements will benefit the public.
3/13/01 17
2. These temporary easements are located around the boundary of the Southold Landfill,
located on Route 48, Cutchogue, New York as depicted and shown on the Map entitled "Construction
& Working Easement Map, last revised, September 1, 2000.
3. These temporary easements are needed as construction easements in areas where work will
be required along the landfill boundary in accordance with the Town's approved landfill closure plan.
4. These improvements and increases regarding the closure of the Southold landfill have been
authorized by Resolution and Order of the Town Board as the governing body of the Southold Solid
Waste Management District, dated November 25, 1997, adopted pursuant to and in accordance with
Section 202-b of the Town Law.
5. The acquisition of these temporary easements are a necessary part of the closure of the
Southold Landfill and, as such, constitute a Type I! action under the State Environmental Quality
Review Act and 6 NYCRR 617.5(c)(29) since undertaken pursuant to the Stipulation of Settlement
dated October 5, 1995 between the Town of Southold and the New York State Department of
Environmental Conservation, and be it further
RESOLVED, that the Town Clerk is hereby directed to have the annexed synopsis of these
Findings and Determination published in two (2) successive issues of the Suffolk Times, the official
newspaper of the Town of Southold with general circulation within the Town, commencing on
Thursday, March 23,2001; and it is further
RESOLVED, that the Town Clerk is hereby directed to mail a copy of this resolution and
attached synopsis to the last owner of record of the properties affected hereby, by regular first class
mail and by certified mail, return receipt requested; and it is further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O.
Box 389, 456 Grilling Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town
Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#258
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
WHEREAS the Town Board of the Town of Southold as the governing body of the Southold Solid
Waste Management District held a public hearing on March 13, 2001 pursuant to Article 2 of the
Eminent Domain Procedure Law, regarding the acquisition of temporary easements over portions of
certain parcels of property located within the Town of Southold, in connection with the District's
capping and closure of the Southold Landfill located in Cutchogue, New York;
WHEREAS, the owner (s) of the following premises to be acquired and the District have reached an
agreement with respect to the District's acquisition of the temporary easement over the premises listed
below; and
WHEREAS, it is in the mutual interest of the parties to enter into temporary easement agreements
without the need to proceed with the eminent domain proceeding; and
WHEREAS, the price per month agreed to with respect to the temporary easements specified in the
agreement(s) are within the range of market value for such use of the parcel (s); and
WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the
uncertainties of litigation it is in the best interests of the District to enter into the temporary easement
agreements at this juncture; and
WHEREAS, the acquisition of these temporary easements are a necessary part of the closure of the
Southold Landfill and, as such, constitute a Type I! action under the State Environmental Quality
Review Act and 6 NYC-R 617.5(c) (29) since undertaken pursuant to the Stipulation of Settlement
dated October 5, 1995 between the Town of Southold land the New York State Department of
Environmental Conservation.,
NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste
Management District hereby authorizes the Supervisor to execute separate Temporary Easement
Agreement(s), in the form and substance as attached hereto, and any additional documents necessary to
complete the acquisition of the temporary easement(s), with respect to the property(ies) listed below:
Temporary Easement #iA
Reputed Owner
SCTM#
Temporary Easement #lB
Reputed Owner
SCTM#
Temporary Easement #lC
Reputed Owner
SCTM#
Temporary Easement #2A
Frank McBride
1000-96-1 p/o 2
John Krupski, Jr.
1000-95-2- p/o 1.001
Frank McBride
1000-83-3-p/o 6.001
3/13/01 18
Reputed Owner
SCTM#
Temporary_ Easement #2B
Reputed Owner
SCTM#
Temporary_ Easement #3A
Reputed Owner
SCTM#
Temporary_ Easement #3B
Reputed Owner
SCTM#
Temporary_ Easement #4A
Reputed Owner
SCTM#
Temporary_ Easement #4B
Reputed Owner
SCTM#
and be it further
Bayberry Enterprises
1000-84-3-p/o 3
Blast Holding LLC
1000-84-31-p/o 5
Corazzini, Richard W., Jr.
1000-84-1-p/o 26.002
Jericho Corp.
1000-84-1-p/o 26.003
Frank Lvbert and Donna Lyburt
1000-96-11-p/o 16
First Baptist Church of Cutchogue
1000-96-11- p/o 13.001
RESOLVED, that the Town clerk is hereby directed to forward a certified copy of this resolution and
the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, P.O. Box 389, 456
Grilling Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#259
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and
"Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste
Management District, heretofore established and now existing in the Town (herein called "District"),
has determined to increase and improve the facilities of the District, consisting of the acquisition of the
certain piece or parcel of land (SCTM #1000-096-1-2, reputed owner, Francis J. McBride) containing
seventeen acres, plus or minus, of property immediately adjacent on the west side of the S outhold
Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and
brush collection activities, due to the commencement of the capping and closure of the Southold
Landfill, and obtaining additional space for future District activities, the estimated maximum cost
thereof, including preliminary costs and costs incidental thereto and the financing thereof, being the
amount of $2,600,000; and
WHEREAS, pursuant to the Order Calling Public Hearing, adopted February 13,2001, a public
hearing was duly held by the Town Board on this 13th day of March, 2001, at 7:36 o'clock P .M.
(Prevailing Time), at the Town Hall, 53095 Main Road, Southold, New York, in the Town, and
considerable discussion on the matter has been had and all persons desiring to be heard have been
heard, including those in favor of and those in opposition to said increase and improvement of facilities
of the District; and
WHEREAS, the Town Board, as Lead Agency, has given due consideration to the impact that
said increase and improvement of facilities of the District may have on the environment and on the
basis of such consideration, the Town Board and the Town have complied in every respect with all
applicable federal, state and local laws and regulations regarding environmental matters, including
compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the
Environmental Conservation Law; and
WHEREAS, the Town Board, as Lead agency, has examined and fully considered a Full
Assessment Form, assessing the potential impacts to the environment resulting from the proposed
acquisition and as a result has determined that the matter is a Type ! action which will not have
significant impact on the environment and, in connection therewith, a duly executed Negative
Declaration has been filed in the office of the Town Clerk;
NOW, THEREFORE, on the basis of the information given at such hearing, it
is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described and referred to at the estimated maximum cost of $2,600,000; and it
is hereby
ORDERED, that the facilities of the. District shall be so increased and improved as
hereinabove described at the estimated maximum cost of $2,600,000 and, further, that the Engineer
heretofore retained by the Town Board shall prepare specifications and make careful estimates of the
expense of said increase and improvement of the facilities and with the assistance of the Town
3/13/01 19
Attorney, prepare a proposed contract or contracts therefore, which specifications, estimate and
proposed contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of so increasing and improving such facilities shall
be financed by the issuance of not to exceed $2,600,000 serial bonds of the Town, and the costs
thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and
collected from the several lots and parcels of land within said District by the Town Board in the
manner provided by law, but if not paid from such source, all the taxable property within said Town
shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to
pay the principal of and interest on said bonds; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and
Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after
adoption hereof.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#26O
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and
the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Southold Solid
Waste Management District (herein called the "District"), in the Town, has heretofore determined to
increase and improve the facilities of the District as hereinafter described and, after a public hearing
duly called and held, the Town Board has determined, pursuant to the Resolution and Order After
Public Hearing duly adopted on this date, that it is in the public interest to so increase and improve the
facilities of the District and has ordered that the facilities to be so increased and improved, at the
estimated maximum cost of $2,600,000 and that the Engineer prepare specifications and an estimate of
the cost and, with the Town Attorney, prepare a contract(s) for presentation to the Town Board as soon
as possible;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two- thirds of all the
members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $2,600,000 for the increase and
improvement of the facilities of the District heretofore authorized pursuant to the Resolution and Order
After Public Hearing referred to in the Recital hereof, described as the acquisition of the certain piece
or parcel of land (SCTM # 1000-096-1-2, reputed owner, Francis J. McBride) containing seventeen
acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in
Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush
collection activities, due to the commencement of the capping and closure of the Southold Landfill,
and obtaining additional space for future District activities. The estimated maximum cost of said
specific object or purpose, including preliminary costs and costs incidental thereto and to the financing
thereof, is $2,600,000. The plan of financing includes the issuance of $2,600,000 serial bonds of the
Town to finance said appropriation, and such amount, including payment of principal and interest on
such bonds, shall be assessed, levied and collected from the several lots and parcels of land within the
District by the Town Board in the manner provided by law, but if not paid from such source, all the
taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation
as to rate or amount, sufficient to pay the principal of and interest on said bonds as the same shall
become due and payable.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount
of $2,600,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of the specific object or purpose for which said
$2,600,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the
Law, is thirty (30) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in
anticipation of said bonds may be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said bonds are authorized. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury Regulation
Section 1.150-2 of the United States Treasury Department.
(c) The Town Board, acting in the role of Lead Agency has determined and found that pursuant
to the applicable provisions of the State Environmental Quality Review Act (" SEQRA ") no substantial
adverse environmental impact will be caused by the increase and improvement of facilities of the
District and, in connection therewith, a duly executed Negative Declaration has been filed in the office
of the Town Clerk.
3/13/01 20
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes
issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of
the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of
the Town, payable as to both principal and interest by a general tax upon all the taxable real property
within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any
notes issued in anticipation of the sale of said bonds and provision shall be made annually in the
budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any
notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and
payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially
level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of
bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and
duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms,
form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds
heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the
chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town
is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the publication of such
resolution, or a summary thereof, are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#261
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to publish the foregoing bond resolution, in full,
in the "SUFFOLK TIMES," a newspaper published in the Town of Southold, New York, and having a
general circulation in said Town, which newspaper is hereby designated as the official newspaper of
the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed
by Section 81.00 of the Local Finance Law of the State of New York.
Section 2. This resolution shall take effect immediately.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#263
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of February 2001, a Local law entitled "A Local Law in relation
to Building Permit Fees, Chapter 45, Article VIII, Fire Prevention and Building Code, Uniform
of the Code of the Town of Southold" and,
WHEREAS the Town Board of the Town of Southold held a public hearing at 7:44 p. m.
Tuesday, March 13,2001 on the aforesaid Local Law at which time all interested persons were heard.
RESOLVED, that the Town Board of the Town of Southold hereby enacts "A Local Law in
relation to Building Permit Fees, Chapter 45, Article VIII, Fire Prevention and Building Code,
Uniform of the Code of the Town of Southold", which includes the following:
LOCAL LAW NO. 2001
A Local Law in relation to A Local Law in relation to Section 45-8 (Building Code) of the
Town Code:
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Chapter 45, Article VIII, Fire Prevention and Building Code, Uniform of the Code of the Town of
3/13/01 21
Southold is hereby amended as follows:
§ 45-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-1995]
L. Permit fees.
(1) The following fees shall be paid upon the filing of an application with the Building
Inspector for a building permit, which fees shall be paid into the general fund if the
application is approved or returned to the applicant if the application is denied:
(a) Single-family dwellings:
[ 1 ] New dwellings and alterations or additions to existing
dwellings: ....... 2 ........... ~ .... j one hundred fifty
dollars ($150.), plus * ..... * ..... ,o ~en ,m~
· . , ...... ~ ...... r ..... ~ thirty cents
($0.30) for each square foot of floor area in excess of eight
hundred fifty (850) square feet.
[2] Accessory buildings and additions or alterations to existing
accessory buildings: *~:'~"~--~2 -,~m'~ ~.~. o ~ ~, ~o ~,o ~.jre~ < x seventy-five_ dollars ($75. 3,.
....... 2 ...... ~ ..... j thMy cents ($0.30) for each square foot of
floor area in excess of five hundred (500) square feet.
(b) Farm buildings and additions or alterations to existing farm buildings: ~
....... ~ .... j one hundred fifty dollars ($150.) for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all other buildings,
including wineries:
[ 1 ] New buildings and additions and alterations to existing
~,o ~,,,~o~ ~., ~,o~ r~ <~ ~, .... hundred
buildings: ................. ~ .......~ ..... ~ ....
dollars ($200.), plus * ..... "' ~ ...... *~ r~ ~<~
. ~ ~ ...... 2 ..........~ ..... j thMy cents
($0.30) for each square foot of floor area in excess of one
thousand (1,000) square feet.
[2] Accesso~ buildings and additions and alterations to
existing access0~ buildings: ...... 2 ........... ~ .... j
seventy-five dollars ($75.) plus * ..... * ..... ,o r~ ~m
_ . . ~ ...... 2 ...... r ..... ~ thMy
cents ($0.30) for each square foot of floor area in excess of
five hundred (500) square feet.
(d) Foundations constructed under existing buildings:o~, ~..~2"' -,~c-'o ~.~. o~"~"° ~*,r~<~.J~
one hundred dollars ($100.).
(e) In-ground swimming pools, together with required enclosure fencing: one
hundred fifty dollars ($150.). Aboveground swimming pools, together with
required enclosure fencing: c~., ~,~,o r~<~ ~
.... 2 ....... ~ .... j one hundred fifty dollars ($150.).
~ ~ The permit fee for all signs shall be fifty dollars ($50.) per permit.
~ ~ Demolition and/or removal of any building:-~.c~oo- ~.~.~"~"°o r*r~- ~< .J~
thMy-five dollars ($35.) minimum and ~) fifteen
cents ($0.15) for each square foot in excess of three hundred (300)
square feet of floor area.
(2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a
fee ~c, ..... ,,, c,,o r~< ~ ~,~,o thMv-five ($35.) dollars.
(3) For the purpose of this Subsection L, cellars, decks, attached garages and any habitable
area shall be included in the calculation of floor area.
(4) Pre-construction fee. If any land clearing or excavation or building or commencement
of any construction activity is without the benefit of applicable town permits, all fees
associated with any land clearing or excavation or building or construction activity will
be equal to double the othe~ise applicable fee for all permits as provided by this
Chapter.
~ (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or
districts, including but not limited to fire districts, school districts, park districts and the
like.
Strike-through represents deletion.
Underline represents inse~ion.
This Local law shall take effect immediately upon filing with the Secreta~ Of State as provided by
law.
Vote of the Town Board: Ayes: Councilman ~chter, Councilman Murphy, Councilman Romanelli.
No: Councilman Moore, Justice Evans, Supe~isor Cochran.
This resolution was LOST.
#264
Moved by Councilman Moore, seconded by Justice Evans, it was
3/13/01 22
WHEREAS the Town Board of the Town of Southold has on this day adopted a Resolution and Order
authorizing the cost of the acquisition of property located at 20755 County Road 48, Cutchogue, New
York, reputed owner, Francis J. McBride, Suffolk County Tax Map 1000-096-1-2; and
WHEREAS, the acquisition of the parcel described above has been determined by the
Southold Town Board, as the governing body of the Southold Solid Waste Management District and as
lead agency, to be a Type ! action without a significant impact on the environment, as more fully set
forth in the resolution of the Town Board adopted February 13, 2001.
WHEREAS, the owner of the premises to be acquired and the District have reached an
agreement with respect to the District's acquisition of the property; and
WHEREAS, it is in the mutual interest of the parties to enter into a contract of sale without the
need to proceed with the eminent domain proceeding; and
WHEREAS, the purchase price agreed is within the range of market value of said premises;
and
WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding
and the uncertainties of litigation it is in the best interests of the District to enter into the contract of
sale at this juncture; and
NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid
Waste Management District hereby authorizes the Supervisor to execute the Contract of Sale, in the
form and substance as attached hereto, and all other documents necessary to complete the acquisition
of the above mentioned property; and be it further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O.
Box 389, 456 Grilling Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney.
WHEREAS the Town Board of the Town of Southold has on this day adopted a Resolution
and Order authorizing the cost of the acquisition of property located at 20755 County Road 48,
Cutchogue, New York, reputed owner, Francis J. McBride, Suffolk County Tax Map 1000-096-1-2;
and
WHEREAS, the acquisition of the parcel described above has been determined by the
Southold Town Board, as the governing body of the Southold Solid Waste Management District and as
lead agency, to be a Type ! action without a significant impact on the environment, as more fully set
forth in the resolution of the Town Board adopted February 13, 2001.
WHEREAS, the owner of the premises to be acquired and the District have reached an
agreement with respect to the District's acquisition of the property; and
WHEREAS, it is in the mutual interest of the parties to enter into a contract of sale without the
need to proceed with the eminent domain proceeding; and
WHEREAS, the purchase price agreed is within the range of market value of said premises;
and
WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding
and the uncertainties of litigation it is in the best interests of the District to enter into the contract of
sale at this juncture; and
NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid
Waste Management District hereby authorizes the Supervisor to execute the Contract of Sale, in the
form and substance as attached hereto, and all other documents necessary to complete the acquisition
of the above mentioned property; and be it further
RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this
resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O.
Box 389, 456 Grilling Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
#225
Moved by Councilman Murphy, seconded by Councilman Moore,
WHEREAS Terry Contracting and Materials, Inc. is the apparent low bidder for the Landfill Closure
Construction Contract; and
WHEREAS the Town's Consulting Engineers, Dvirka and Bartilucci, have completed their review of
Terry's bid submittals and found them to be satisfactory; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Cochran to provide formal "Notice of Award" of the closure construction contract to
Terry Contracting and Materials~ Inc, subject to all the terms and conditions as stated in the Notice
of Award Letter, and the review and approval of submissions of Terry Contracting and Materials, Inc.
pursuant to said Notice by the Solid Waste Coordinator. Said award is subject to due authorization of
financing.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
3/13/01 23
This resolution was duly ADOPTED.
SUPERVISOR COCHRAN: I will not call for Board reports this evening since the hour is late, but I
will call if there is anyone from the audience that would like to talk to the Town Board in relation to
any Town business, please feel free.
KATHERINE STEADMAN: Katherine Steadman, Mattituck. In regard to old news, things that you
have talked about in the past. This is addressed to Supervisor Cochran and the Town Board. I would
like to know if you plan to create low-income rental units in the Town of Southold?
SUPERVISOR COCHRAN: We have an affordable housing committee operating. We have talked
about everything from A to Z. We have talked about rentals. We have talked about senior rentals. We
talked about two-family houses. We have talked about just about everything in the world. We have
gone to look at three or four different projects. We have even a gentleman come as far as Buffalo, and
the committee, I feel is a excellent committee, and they will be making a presentation and developing a
model. The County has a program where they will help you buy the land. So, there are lots and lots of
things this committee is looking at. We are to the point where it is going to be put down on paper, and
recommendations will be made to the Town Board.
KATHERINE STEADMAN: So, the answer to this question is yes?
SUPERVISOR COCHRAN: The answer to this question is we are looking at everything.
KATHERINE STEADMAN: Well, either yes or no. Are you going to create low income housing
here?
SUPERVISOR COCHRAN: I can't give you that answer right this minute, definitive answers. It will
go to the Town Board. They will be making the decisions. We have done a survey with realtors to find
out where the needs are. This committee has really worked hard, and it would be unfair to them until
their final recommendation are put together and a model developed, and they will present it to the
Board, and the Board will have to take a look at it.
KATHERINE STEADMAN: What if you develop a model that the people don't want? People should
have a say in this.
SUPERVISOR COCHRAN: There will be hearings. You will have a say.
KATHERINE STEADMAN: It sounds like to me you have already created it, and it is a done deal.
SUPERVISOR COCHRAN: No.
KATHERINE STEADMAN: Okay. So, you haven't discussed acquiring?
COUNCILMAN RICHTER: There is a need for affordable housing.
KATHERINE STEADMAN: Well, anybody that reads Newsday knows that, but that is not a Southold
Town issue. That is a Long Island issue.
SUPERVISOR COCHRAN: That is an issue more than Long Island. It is across the United States.
KATHERINE STEADMAN: So, have you discussed acquiring any land flow income units.
SUPERVISOR COCHRAN: We talked about land, and locations, and like I say there is County
money, and none of this is a decision until it goes to the Town Board, and they make the decision.
KATHERINE STEADMAN: And you will have public hearings?
SUPERVISOR COCHRAN: They are doing research. They bring information back to the Board. The
Board discusses it, and makes the decisions.
KATHERINE STEADMAN: So, we will have public hearings before anybody decides to do anything
as far as building, or buying land. Have you thought about alternatives to low-income rental units. You
know rather than going and building? I don't know.
SUPERVISOR COCHRAN: Listen to what I am saying.
3/13/01 24
KATHERINE STEADMAN: Why look at something if there are other alternatives, though? I mean
why wish people time?
SUPERVISOR COCHRAN: You look at all alternatives, when you are doing research and looking for
a good answer. We look at everything. If we didn't we would be negligent.
KATHERINE STEADMAN: Okay, let's take the word low income rental units out of my questions,
and let's replace it with affordable housing development. Same questions, answers?
COUNCILMAN RICHTER: ! think we need to wait for the committee to come back and report to us.
! think they are looking at every aspect. ! have made a number of meetings, and what they are looking
at is different types of housing, or different circumstances for housing, whether it be rental, whether it
will be low income home, whether it be duplexes, whether it be two family, whatever. They are
looking at every aspect that deals with housing. We are doing it for our seniors, and our work force.
This is something that is definitely needed here on the North Fork. ! don't know what they are going to
come back with.
KATHERINE STEADMAN: Who is on this committee?
COUNCILMAN RICHTER: A number of people.
SUPERVISOR COCHRAN: You can get the list from my office tomorrow.
KATHERINE STEADMAN: Call Ruthanne?
SUPERVISOR COCHRAN: Yes.
KATHERINE STEADMAN: Has the property that the Town has referred to as the Fairgrounds, where
the Strawberry Festival is being held been purchased yet?
SUPERVISOR COCHRAN: No. It is still with the County. They are still negotiating.
KATHERINE STEADMAN: Okay, so the County is negotiating to purchase it. Nothing has been
done.
SUPERVISOR COCHRAN: It is in negotiations.
KATHERINE STEADMAN: Will you hold hearings should this proposed property go through? Will
you hold hearings before you decide to make this a fairground, and have you thought about using, or
purchasing the Cutchogue East School as a possible location for a fairground type facility?
SUPERVISOR COCHRAN: That has been offered to us in the past for a Town Hall and different
things. ! don't think there is more than five acres behind there. It wouldn't meet the needs of the
Strawberry Festival alone needs thirteen acres. ! don't know what your concept of fairground is. What
do you see as fairground and usage?
KATHERINE STEADMAN: Well, we can compare it to the Big-E, or we can compare it to, you
know, Love Lane having their little street fair. You know, you got five acres. You got fifty acres. So
the bottom line here is the Town Board will hold hearings before you decide to go and just do anything
with either of these two projects?
SUPERVISOR COCHRAN: It doesn't require a hearing.
KATHERINE STEADMAN: What doesn't require a hearing?
SUPERVISOR COCHRAN: The action doesn't require a hearing. What ! said earlier is there is
certain arrangements made for an informational meeting, so there is an opportunity.
KATHERINE STEADMAN: How will you let the residents of Southold know that we are going to
have an informational meeting? If certain residents require letters will you write us directly, and let us
know so in the event we miss the paper.
SUPERVISOR COCHRAN: Call and give your name in the morning, and we will see that you get a
letter.
3/13/01 25
KATHERINE STEADMAN: Thank you
SUPERVISOR COCHRAN: Call Ruthanne and give her the information. Mr. Chick?
DAVE CICHANOWICZ: Dave Cichanowicz. I am just here to fill in for John Nickles, Jr., who
couldn't make it. ! am really pissed at him right now that he didn't. At any rate, here's a letter that we
had our attorney from the Business Alliance draft up to the members of the Town Board, and Dear
Madam Supervisor. Please be advised that ! represent the Southold Business Group. ! am reading the
letter from Bill Goggins. Recently it came to the attention of the members of the Southold Business
Group that Joy Domino, who is the spouse of Michael Domino has been contacting Southold Business
Group members, and threatening them that she will inform everyone that she knows not to patronize
the businesses that belong to the Business Group if the Business Group does not support the proposed
Tree legislation as recommended by her husband, and the rest of the Tree Committee. This conduct is
particularly offensive, because Michael Domino is a member of the Tree Committee. This conduct
sheds darkness on the Tree Committee. Members of the Tree Committee are charged to represent the
Town Board and advise the Town Board of its findings and recommendations, not to proactively seek
public support for the very issue for which the committee is charged to advise the Town Board. The
Southold Town Group is very disappointed when it learned of the conduct of Joy Domino. Its members
are outraged. Please address this problem. William Goggins. ! will leave this copy with you.
SUPERVISOR COCHRAN: May I have a motion to adjourn?
Moved by Supervisor Cochran, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 11:17 P.M.
Vote of the Town Board: Ayes: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk