HomeMy WebLinkAboutTB-01/15/2002SOUTHOLD TOWN BOARD
JANUARY 15, 2002
Work Session:
Present: Supervisor Joshua Y. Horton, Justice Louisa P. Evans, Councilman William D. Moore,
Councilman John M. Romanelli, Councilman Craig A. Richter, Councilman Thomas H. Wickham,
Town Clerk Elizabeth A. Neville, Town Attorney Gregory F. Yakaboski, Assistant Town Attorney
Mary A. Wilson.
9:00 a.m. Appointment- Trailer Renewal- Eric Novick appeared before the Town Board requesting
an additional six (6) month renewal of his trailer permit. Supervisor Horton reminded him that initially
upon the granting of the permit he said that the project would be completed within six months. There
has been concern from the neighbors and the septic system to the trailer is offensive. Mr. Novick
stated that there is only one neighbor complaining. Councilman Romanelli suggested that perhaps he
should wait until spring to renew it. Since Mr. Novick is renting an apartment in East Marion in which
he is living, the Board questioned why he needed the trailer renewal? Councilman Richter said that the
Board should discuss putting some conditions on it. Perhaps that it is used only for office/storage
purpose and that it not be lived in at all. The Town Clerk will check the Trailer Policy and the Town
Board will further discuss it and notify Mr. Novick of their decision.
9:10 a.m. Appointment with NFAWL Re: Dog Shelter. Mildred Boyce, Director read the words
of Anna Cusiamano because she could not talk due to physical ailments. Gillian Wood, Director of the
dog shelter also spoke and expressed some of the problems that they have with the H2M plan.
Supervisor Horton inquired if they were aware that there is a bid opening in two (2) days? Ms. Wood
read her statement to the effect that they don't like many of the specifications and would like the Town
Board to start the planning process over again. Councilman Wickham asked them what they would
like the Town Board to do? Put off the bid opening? He asked if they had firms that could do RFP's for
a dog shelter? They replied that they did. Supervisor Horton informed them that he is a little taken a
back with them coming in two days before with the bid opening. Councilman John Romanelli said that
he worked very hard with Dr. Cohen in Riverhead, Dr. Pisciotta in Southold, and received information
from all types of experts in the field in putting this package. Councilman Romanelli said that if the
board elects to delay the bid opening at this point and discard the bid package, he will nominate
Councilman Wickham to chair the committee and will walk away from the whole thing and he thinks
that Jamie Richter, the Town's engineer should too. Councilman Moore suggested that they get their
comments over to H2M and let the Town Attorneys decide whether or not they should delay the bid
opening. Gillian Wood said that she would give them more detailed information to give H2M.
9:30 a.m. Appointment with James Bunchuck Solid Waste Coordinator - Supervisor Horton said
that he received a telephone call from Jim McBride, Richie McBride's brother with regard to the
location of the dirt the town is stockpiling. Several Town Board members received similar calls.
They apparently are not happy with it. This matter will be addressed at the landfill. Mr. Bunchuck
gave an update of the activities at the landfill. He reported that the liner on the west side has almost
been completed. This represents 25 % of the project which they will expect to complete by summer.
They will begin the east side after they cover the west side with sand. One foot of sand, instead of the
two foot originally planned will be placed on top of the liner. This will limit the uses of the landfill
cap. However, before capping can start on the east side, a decision must be made on the proposed golf
course. The Town has also been contacted by a model aircraft flying club asking for permission to use
the landfill. Councilman Romanelli will contact other towns who have built driving ranges to find out
if they are happy with them. Resolution number 45 was placed on the agenda to amend the Dvirka &
Bartilucci contracts and to allow for the payment for the design of the access road to the compost area
out of the compost contingency. Mr. Bunchuck reported that the contract between the Town of
Southold and the Town of Huntington has been fully executed. Mr. Bunchuck will be forwarding the
1/15/02 2
bidding specifications for the trucking to send its garbage to Huntington, to the Town Clerk this week
in preparation for the legal notice advertisement. He expects the bids to come in somewhere between
$8.00 to $12.00 a ton. It is expected that the charge for accepting the yard waste of Huntington will
eventually cover 92% of the cost of shipping them all of our garbage. Mr. Bunchuck added that there
have not been any complaints of yard waste odors coming from the landfill. He will be submitting a
list of equipment needs and the loss of several people through retirement in the near future.
10:22 a.m. the Town Board reviewed For Discussion IV. 1. Southold Landfill Driving Range
Facility and Associated Uses. Supervisor Horton would like the Town Board to investigate the
municipalities and companies listed at the back of the proposal who used the services of this company
to determine their satisfaction and comments. The golf course driving range would be considered for
the east side of the landfill cap. Mr. Bunchuck advised that there is one gas vent per acre located on
top of the cap. Councilman John Romanelli will investigate the list of customers of Cole Hayes
Landscape Architecture Land Planning and Golf Course design and report back to the Town Board.
On motion by Justice Louisa Evans, seconded by Councilman John Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into executive session at
10:35 a.m. for the purpose of discussing landfill contracts with Solid Waste Coordinator James
Bunchuck.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, and Supervisor Horton.
This resolution was declared ADOPTED.
The Town Board called for a short recess at 11:10 a.m.
This Town Board work session was resumed at 11:18 a.m. Town Trustee James King and Land
Preservation Department Head Melissa Spiro appeared before the Town Board with regard to
Mattituck Creek Stormwater Remediation Projects. There are two Department of State Coastal
Erosion grants totaling $50,000.00 for which projects for the expenditure of the money must be
identified by January 31, 2002. It is a matching grant program for which highway department
services will be used as the match of funds. There are three sites around Mattituck Creek identified as
follows: (1) Cox Neck Lane; (2) Old Grand Avenue Bridge, northwest of Grand Avenue; (3) Mill
Road, the Newman property called Fox Hill. The Town Attorney's Office will make all of the
appropriate calls and deal with the property owners for easements. There are no culverts under the
road. The plans are to raise the road and install culverts. This would stop the immediate problems, but
more of a long term process is needed to correct the situations. There were ten problem areas on
Mattituck Creek, three have been dealt with, three are in the works, then there is a large County project
that has to be done. Trustee King read facts from a status sheet from DEC on pollution uncertified
areas of Mattituck Creek. Supervisor Horton committed to moving ahead on these three projects. The
SEQRA process will be started now. (See resolution number V46 authorizing the hiring of Nelson,
Pope, and Voohris). Cornell Cooperative Extension Marine Program Assistant Lorne Brousseau will
assist in the project by writing a $150,000. grant to insure that the projects will get done, and enable
them to tap into EPA funding that was just issued to Cornell. There will also be additional NYS Clean
Water/Clean Air Bond Act funds after January 31st. Supervisor Horton voiced hope that this would be
the start of an overall plan for the miles and miles of projects all over town. Instead of doing it piece
meal, a plan should be developed for doing substantial portions at a time. It will be a long term on
going project. An additional $50,000. application will be made by Cornell on behalf of the Town to
insure that these projects will get done in the event that highway services cannot be used for the
matching funds. A second proposal for the Bond Act funds will be Goldsmith's Inlet. Mr. Brousseau
will apply for the County for $125,000. as a match to met the same amount from the state. Mr.
Brousseau advised that a DNA analysis of all coliform in order to determine exactly where
contamination is coming from, whether it is humans, animals, or birds, etc. He will also work on
school programs to educate the public on road run-off and the effects on water shed and eco-systems.
The problems will be identified and then decisions as to how to fix it will be made. Supervisor Horton
advised that he is meeting with Steve Ridler and coastal geologists of the Department of State with
regard to the jetty. It is estimated that the dredging will occur next year by the time the surveying and
application go through. Suffolk County has committed to dredging for $125,000.00, the project has a
ranking of 53. The Town Board agreed to apply for the Bond Act in dealing with Mattituck Creek
areas and Goldsmith Inlet. Supervisor Horton asked Lorne Brousseau to sit down with him and
discuss other ways to match the bond money. They need to come up with matches in order to use the
bond money. Executive Administrator James McMahon will check if the $400,000. money from NYS
Senator La Valle could be used as a match. (See resolution numbers 42 and 47 authorizing Supervisor
Horton to submit applications to the NYS Dept. of State for Local Waterfront Revitalization Projects
and any other water quality projects; and to authorize the Supervisor to execute all necessary
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documents for applications for NYS grants in relation to the Goldsmith Inlet area. Trustee Albert
Krupski questioned the money for land acquisition in order to accomplish the road run-off projects.
Mr. Brousseau said that part of the new $52,000,000. state funds coming down after January 31st could
be used to accomplish these projects. Supervisor Horton advised that written projects are needed by
the January 31st deadline.
12:20 p.m. The Town Board discussed IV. For Discussion items as follows: IV. 2. Suffolk County
Water Authority Building. A prior resolution was adopted to authorize the bond and to authorize the
town to purchase it. Now, it is up to the pleasure of the Town Board. Supervisor Horton stated that
the Town spent $170,000. on the house next door and it is rotting away. He is just not comfortable with
purchasing another building. Councilman Richter explained that the board has been looking at
specific needs of the town over the last several years. The Suffolk County Water Authority has over
5,000 sq. ft. of good quality office space, and it seemed to be the most economical solution.
Councilman Wickham said that the use of the house next door should be investigated and a vigorous
space needs assessment study should be undertaken. Councilman Richter informed Mr. Wickham that
this has already been done and offered to give copies to him. A study of the Whitaker House is also on
file. Councilman Romanelli also voiced concerns about the house next door lying dormant.
Councilman Richter said that the house would make a nice museum or historian's office, provided we
could get funds other than town to renovate it. Supervisor Horton advised that he has been in contact
with Carolyn Case of the New York State Office of Historic Preservation regarding the grants
submitted by the town. The decisions to allocate funds will be made in April or May. He mentioned
that this would not be the only source for funding. Supervisor Horton said that he doesn't think that
this is the time to spend $600,000. Councilman Romanelli said that if we don't go any further with the
$CWA building, then they will have to concentrate heavily on the house next door. Councilman
Wickham suggested calling in an architect to be present at the next work session of the board to tell
them the steps they should be taking in order to make as much use as possible out of the house. The
board told him that they should tap into the people who have already done all the research. The space
needs assessment study and the Whitaker -Thompson House study will be reviewed by the entire
board. Justice Evans voiced her opinion that the SCWA building is a good structure at a good price for
our needs and it is ready to occupy. She said that it would be nice if they could hold it for us, while
you do your research to get yourself up to speed on the prior information in order to make a educated
decision on it. IV. 3. Blue Ribbon Commission for Preserving a Rural Southold. Councilman
Wickham announced the names of the individuals to be appointed to this commission at the 7:30 p.m.
regular meeting. (See resolution number 48). Councilman Wickham advised that the first meeting
will be held at 7:30 p.m. next Tuesday, then Monday evenings thereafter at Town Hall. Supervisor
Horton told the Board that he has spoken to the New York State Association of Towns and asked them
to draft a resolution to lobby for farmland preservation. He is working together with them to draft such
a resolution. Justice Evans suggested involving the farmers to create more impact.
1:05 p.m. the Town Board recessed for lunch.
The Town Board discussed conditions on the renewal of the temporary trailer permit of Eric &
Christine Novick. (See resolution number 58 granting with conditions).
2:05 p.m. the Town Board resumed discussion of IV. For Discussion items as follows: IV. 4.
Request to improve Town-owned parkland on Fishers Island. Executive Administrator James
McMahon has a form that can be used as a release for them to sign for a volunteers dean-up day. IV.
5. Request for fee refund from the Building Department. The Town Board agreed with the
recommendation of the Building Department Head Michael Verity for a 50% refund. (See resolution
number V49). IV. 6. Appointment of Deputy Tax Receivers. (See resolution numbers 51 - 56).
IV. 7. Transcribing of Town Board minutes. Town Clerk Neville polled the Town Board on behalf
of the New York State Town Clerks Association as to their preference on verbatim minutes vs. work
session, resolutions, and listing those who speak at the public portion of Town Board meetings instead
of verbatim of all those present who speak at the public portion of the meeting. This would not affect
public hearings. All public hearings must be verbatim. This was in response to an article in the
NYSTCA Recorder publication by Robert Freeman, Executive Director of the NYS Committee on
Open Government, in which he recommended that minutes with resolutions only, not verbatim, would
be preferable for placing on the town website, as well as for researching by our ancestors in the future.
He said that some residents and constituents make brilliant statements at public meetings, and some
make statements to the contrary. The resolutions are all that is necessary when researching to
determine the course of action of the board and history of the town. The Town Board agreed that the
synopsis of the work session, the resolutions, and list of those present and a brief description of the
subject matter they spoke on would be sufficient and preferable. The Town Clerk will further
investigate the matter before implementing any change in format. IV. 8. Plum Island forum.
Supervisor Horton reported meeting with Dr. Huxsoll, the director of Plum Island Animal Disease
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Laboratory regarding security issues. A public forum is being planned to educate the public on the
operation of Plum Island. Lack of information grows fear. Dr. Huxsoll as well as Dr. Jonathan
Richmond would participate in such a forum. Supervisor Horton is looking into using a $10,000. grant
to engage a professional public relations person to set-up and coordinate the event. It is hoped to
establish an on-going relationship and exchange of information. An update on the level 5 upgrade of
Plum Island would be among the questions posed to them. Councilman Richter stated that Plum Island
needs to have their own public relations person who can stay calm when confronted with questions.
Assemblywoman Acampora had a $10,000. grant for such a forum which Supervisor Horton will look
into tapping for this purpose.
On motion by Councilman John Romanelli, seconded by Justice Louisa Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby enter into Executive Session at
2:45 p.m. for the purpose of discussing personnel - particular persons~ labor relations~ contracts~
and litigation.
Vote of the Town Board: Ayes: Councilman Wickham, Councilman Richter, Councilman Moore,
Councilman Romanelli, Justice Evans, and Supervisor Horton.
This resolution was declared ADOPTED
Resolution number 50 appointing members to the Committee on Health Issues and Services for the
Elderly was placed on the agenda for the 7:30 p.m. meeting as a result of this executive session.
On motion by Councilman Craig Richter, seconded by Councilman William Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby exits from this Executive Session
at 4:34 p.m.
Vote of the Town Board: Ayes: Councilman Wickham, , Councilman Richter, Councilman Moore,
Councilman Romanelli, Justice Evans, and Supervisor Horton.
This resolution was declared ADOPTED.
This executive session and the work session ended at 4:34 p.m.
1/15/02 5
GENERAL MEETING
JANUARY 15, 2002
7:30 P.M.
A Regular Meeting of the Southold Town Board was held on January 15, 2002, at the Southold
Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with the Pledge
of Allegiance to the Flag.
Present:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Craig A. Richter
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR HORTON: As you know the Southold Town Board has a policy. We welcome
discussion and comments from the floor. If you have comments regarding an agenda item we welcome
you do so before we get into passing of the resolutions. If you have Town business that you would like
to address as a Board that is not on the agenda we have a portion of the meeting that takes place after
the passing or the addressing of resolutions. I would like to get an approval of bills of January 15,
2002.
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the following bills be and here are ordered paid: General Fund Whole Town bills in
the amount of $156,968.90; General Fund Part Town bills in the amount of $31,551.75; Highway Fund
Whole Town bills in the amount of $15,557.59; Highway Fund Part Town bills in the amount of
$35,098.01; Open Space Capital Fund bills in the amount of $1,400.00; Computer System Upgrade
bills in the amount of $3,000.00; New London Terminal Project in the amount of $6,060.22; Fishers
Island Ferry District bills in the amount of $14,376.81; Refuse & Garbage District bills in the amount
of $16,312.96; Southold Wastewater District bills in the amount of $1,886.76; Fishers Island Sewer
District bills in the amount of $358.05; Southold Agency & Trust bills in the amount of $6,040.29;
Fishers Island Ferry District Agency & Trust bills in the amount of $447.55.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
SUPERVISOR HORTON: A motion to set the regular Town Board meeting for Tuesday, January 29,
2002.
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Regular Town Board meeting of the Southold Town Board be held at 4:30 P.M.,
Tuesday, January 29, 2002 at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
I. REPORTS.
SUPERVISOR HORTON: In regard to the reports the information is available in the Town Clerk's
office.
1. Southold Town
2. Southold Town
3. Southold Town
4. Southold Town
5. Southold Town
6. Southold Town
7.
8.
Program for the Disabled Events for January through April 2002.
Recreation Department for December 2001.
Recreation Department 2001 Annual Receipts and Disbursements.
Scavenger Waste Treatment Facility for December 2001.
Scavenger Waste Plant 2001 Yearly Total.
Clerk Monthly Report for December 2001.
Southold Town Clerk Annual Report for 2001.
Island Group Administration Claim Lag Report for December 2000 - November 2001.
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9. Southold Town Justice Bruer's Monthly Court Report for December 2001.
10. Southold Town Board of Trustees for December 2001.
11. Southold Town Board of Trustees Report for the Year 2001.
12. Southold Town Justice Evans Monthly Court Report for December 2001.
13. Southold Town Justice Price's Monthly Court Report for December 2001.
II. PUBLIC NOTICES.
SUPERVISOR HORTON: The same goes for Public Notices. We have nine public notices stated on
section II of the agenda. That information as well is available at the Town Clerk's Office.
5.
6.
7.
8.
9.
New York State Department of Environmental Conservation, Notice of Complete Application
of Fauvell Property to construct a single family dwelling within the 100' regulated freshwater
designation at 3625 Kennys Road, Town of Southold. Written comments by February 1, 2002.
U.S. Army Corps of Engineers, NY District, request of Oscar and Beth Blevins to construct a
pier assembly in Haywaters Cove, Little Peconic Bay, Cutchogue, Town of Southold.
Comments by February 1, 2002.
New York State Department of Environmental Conservation, Notice of Complete application of
Campanelli Property to construct a single family dwelling 3' from the tidal wetland boundary at
1275 Cedar Point Drive West, Town of Southold. Written comments by February 1, 2002.
New York State Department of Transportation Notice of Order to amend the existing speed
limit on Alvah's Lane, Cutchogue to 30 MPH.
New York State Department of Transportation Notice of Order to amend the existing speed
limit within the East Mattituck and New Suffolk areas to 35 MPH.
New York State Department of Transportation Notice of Order to establish a 30 MPH speed
limit
New
limit
New
limit
New
limit
on Deep Hole Drive, Mattituck.
York State Department of Transportation Notice of Order to establish a 30 MPH speed
on Theresa Drive, Mattituck.
York State Department of Transportation Notice of Order to establish a 30 MPH speed
on Richard Street, Mattituck.
York State Department of Transportation Notice of Order to establish a 30 MPH speed
on Donna Drive, Mattituck.
III. COMMUNICATIONS. None
IV. PUBLIC HEARINGS.
1. 7:35 P.M. on the purchase of development rights on agricultural lands of Schreiber, Oregon
Road, Cutchogue, SCTM #1000-95-1-4.
2. 7:37 P.M., on the proposed "Local Law in Relation to Parking Offenses and Penalties, Chapter
92, Article IV and VI, Vehicles and Traffic, of the Code of the Town of Southold".
V. RESOLUTIONS.
SUPERVISOR HORTON: We do have a public hearing at 7:35. I assume at this point we will get into
the agenda. At 7:35 we will break for the public hearing. At this point I welcome any comments from
the floor in regard to the agenda.
BERNARD HEINSCH: My name is Bernard Heinsch. I live on County Road 48 in Southold.
Resolution 25 and 40 in the past the Town requesting bids have given a very limited time. I would
request that maybe you extend the time to a minimum of three weeks. This will enable vendors to
review the specifications, and perhaps you will get some better prices by lengthening the time.
DOUGLAS COOPER: Doug Cooper, Mattituck. I notice that, I think resolution #35, talking about
Island Group Administration. I just wondered how has this Town Board...have they been satisfied
with Island Group for their health care?
COUNCILMAN ROMANELLI: I can speak for my previous four years, Doug. They handled the
administration of the health care policy in a fair way, and economically, also.
DOUGLAS COOPER: Thank you.
SUPERVISOR HORTON: At this point I would like to go into public hearings.
Moved by Supervisor Horton, seconded by Councilman Romanelli, it was
1/15/02 7
RESOLVED that this Town Board meeting be and hereby is recessed at 7:35 P.M. for the purpose of
holding public hearings.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Meeting reconvened at 7:50 P.M.
SUPERVISOR HORTON: We will move on to the agenda.
#23
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Building Inspectors
Gary Fish, John Boufis and Bruno Semon to attend the 27th annual Continuing Educational
Conference scheduled March 18-21, 2002 at the Marriott Thruway in Rochester, New York.
Registration, lodging, and travel expenses to be a legal charge to the Building Department 2002
Budget.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#24
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 887
adopted at the December 18, 2001 regular Town Board meeting, changing Mark Terry's
effective start date to January 8, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#25
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for the Sale of the following Used Vehicles:
Asset # Description V1N #
2249 1997 Ford Crown Victoria 2FALP71W3VX150543
2356 1998 Ford Crown Victoria 2FAFP71W8WX163142
2361 1998 Ford Crown Victoria 2FAFP71W7WX 163147
SUPERVISOR HORTON: Any discussion?
COUNCILMAN WICKHAM: Yes, could we make it for three weeks?
SUPERVISOR HORTON: I don't see why we can't do that.
TOWN CLERK NEVILLE: Three weeks from the time of advertisement.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#26
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation
Supervisor Ken Reeves to attend the 62"d Annual New York State Recreation & Park Society
conference to be held from March 10-13, 2002 at the Sheraton Syracuse University Hotel and
OnCenter, and that the expenses for meals, lodging, registration, seminars and transportation using the
Town vehicle be a legal charge to the 2002 Recreation budget, line A7020.4.600.200.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#27
Moved by Councilman Romanelli, seconded by Justice Evans, it was
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RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Police budget
as follows:
TO:
A.3120.4.400.650
A.3120.4.400.700
FROM:
A.3120.2.300.100
Vote of the Town Board:
Vehicle Maint. & Repairs
Vehicle Impound
$ 3,031.04
$ 263.10
Automobiles $ 3,294.
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#28
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2001 budget as follows:
To:
Revenues
B. 1560.00
Appropriations:
B.3620.1.100.100
Safety Inspection Fees
Building Inspection Fees
B.3620.1.200.100
B.3620.1.300.100
B.3620.4.600.100
$24,630.00
Building Department, P.S.
Full-time Regular Earnings
Building Department, P.S.
Part-time Regular Earnings
Building Department, P.S.
Seasonal Earnings
Building Department, C.E.
Meetings & Seminars
$ 24,000.00
500.00
100.00
30.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#29
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for Sgt.
Richard Perkins to attend the International Association of Dive Rescue Specialists commencing
on February 7 - 9~ 2002 in Cleveland~ Ohio. All arrangements to be made through the Orient Fire
Department and there will be no costs to the Town.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#3O
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionall}: appoints Scott
Hughes to the full-time position of Senior Environmental Planner in the Planning Department at
a yearly salary of $45,900.00, effective February 20TM, 2002, in accordance with the rules and
regulations set forth by the Suffolk County Department of Civil Service
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#31
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 12
adopted at the January 3~ 2002 changing the effective hire date to January 14, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#32
Moved by Councilman Moore, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby approves reimbursement to Ms.
Louise Cardellina in the amount of $88.97 for vehicular damages suffered at the Southold Town
Solid Waste transfer Station.
1/15/02 9
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#33
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget as follows:
TO:
A. 1220.4.200.100 Supervisor, C.E.
Utilities
Cellular Telephone Services $ 800.00
FROM:
A. 1220.1.100.100
Supervisor, P.S.
Full-Time Employees
Regular Earnings $ 800.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#34
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2001
budget as follows:
Highway Fund Whole Town
To:
Snow Removal Equipment
DA. 5142.2.400.200
From:
DA. 5142.1.100.200
Highway Fund Part Town
To:
DB.9030.8.000.000
From:
DB.5110.1.300.100
Snow Removal Overtime earnings
Social Security Benefits
$ 2,300.00
$ 2,300.00
$ 5,000.00
General Repairs, Seasonal
Employee Regular Earnings $ 5,000.00
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#35
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with Island Group Administration for
Health Plan administration for 2002 all in accordance with the Town Attorney's approval
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#36
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2002 budget as follows:
REVENUES:
A.2705.40 Gifts & Donations
APPROPRIATIONS:
A. 1620.4.100.100
Vote of the Town Board:
$ 4,925.20
Miscellaneous Park
& Recreation Supplies $ 4,925.20
Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#37
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 2002 budget as follows:
1/15/02 10
REVENUES:
A.2025.00 Special Recreational Facilities $ 4,848.94
APPROPRIATIONS:
A. 1620.2.500.350
Building & Grounds, Capital Only
Beach Improvements
$ 4,848.94
SUPERVISOR HORTON: I would like to say that Fishers Island is not a forgotten land, and land that
we can work with residents of Fishers Island to accomplish something.
Vote of the Town Board: Aye: Councilman Wickham,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Councilman Richter, Councilman Romanelli,
#38
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Joshua Y. Horton and Deputy Supervisor John Romanelli to sign signature cards for the
Town of Southold Consortium Home Improvement Program (CHIP) account at Citibank.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#39
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Central Data
Processing budget as follows:
To:
A. 1680.4.600.600
From:
A. 1680.4.600.200
To:
A. 1680.4.400.555
From:
A. 1680.4.400.558
To:
A. 1680.4.400.350
From:
A. 1680.4.400.356
To:
A. 1680.4.400.355
From:
A. 1680.4.400.560
To:
A. 1680.4.400.352
From:
A. 1680.4.400.353
To:
A. 1680.4.400.357
From:
A. 1680.4.400.358
Central Data Processing
Dues & Subscriptions
$6.60
Central Data Processing
Meetings & Seminars
$6.60
Central Data Processing
Tax Collection Maintenance $232.00
Central Data Processing
PC Software Maintenance $232.00
Central Data Processing
AS/400 Maintenance
$902.00
Central Data Processing
UPS Maintenance
$902.00
Central Data Processing
PC Maintenance
$1000.00
Central Data Processing
GIS Maintenance
$1000.00
Central Data Processing
Printer Maintenance
$180.00
Central Data Processing
8mm Tape Drive MaintenanceS 180.00
Central Data Processing
Police AS/400 MaintenanceS2000.00
Central Data Processing
Time Management System $2000.00
To:
1/15/02 11
A. 1680.4.100.556
From:
A. 1680.2.400.520
To:
A. 1680.4.100.100
From:
A. 1680.2.400.520
Central Data Processing
GIS Supplies
$1117.50
Central Data Processing
PC Software
$1117.50
Central Data Processing
Office Supplies
$258.94
Central Data Processing
PC Software
$258.94
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#4O
Moved by Justice Evans, 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 advertise for bids for the purchase of two {2) used 130 HP Honda
motors for the Police Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#41
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Senior Bay
Constable Donald Dzenkowski to attend the Association of Marine Industries Pesticide
Applicator Re-certification course to be held at SUNY Stonybrook on Saturday, February 9, 2002
from 8:30 am to 2:30 pm. Registration fee of $70.00 (non-member) to be a legal charge against the
2002 Bay Constable Meetings & Seminars budget line A.3130.4.600.200. Travel to be by Town
vehicle.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#42
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to submit applications to New York State Department of State for Local
Waterfront Revitalization Proiects~ and any other water quality proiect applications, subject to
the approval of the Town Attorney.
SUPERVISOR HORTON: I am glad we are moving forward with this. This is to address storm water
runoff projects relating to Mattituck Inlet, and we have targeted three hot spots with the Trustees, and
we are going to move forward with those road runoff projects.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#43
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 2001
budget as follows:
To:
A. 1410.1.100.100
A. 1410.2.200.200
From:
A.9015.8.000.000
A. 1410.2.100.300
A. 1410.4.100.100
A. 1410.4.100.150
A. 1410.4.100.550
Town Clerk Regular Earnings
Town Clerk Office Equipment
$3,835.02
11.00
Fire & Police Retirement
Town Clerk, Equipment, Furnishings
Chairs 154.50
Contractual Equipment, Office Supplies 261.50
C.E. Pre-Printed Forms & Permits 332.67
C.E. Equipment Parts/Supplies .53
$2,325.01
1/15/02 12
A. 1410.4.400.600 Equipment Maintenance & Repairs 469.50
A. 1410.4.600.200 Meetings & Seminars 61.06
A. 1410.4.600.300 Travel Reimbursements 197.00
A. 1410.4.600.600 Dues & Subscriptions 44.00
A. 1410.4.600.800 Petty Cash Expenses .25
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#44
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Horton to sign a contract with the NYS DEC for the Implementation of a drainage
project in West Harbor on Fishers Island.
SUPERVISOR HORTON: Again, I didn't mention this in regard to #42, while we are discussing
drainage projects from road runoff, Cutchogue East project is going to be underway and accomplished
in the near future.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#45
Moved by Councilman Romanelli, seconded by Councilman Romanelli, it was
WHEREAS, at the direction of the Town Board of the Town of Southold Dvirka & Bartilucci
Consulting Engineers have designed a permanent road over the landfill cap to provide access to the
new compost property; and
WHEREAS, such costs must be properly assigned to the development of the compost site and not
landfill closure, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby approves assignment of Dvirka
& Bartilucci Consulting Engineers engineer consulting fees for the design of a permanent road
over the landfill cap to provide access to the compost site to the compost site proiect, and that
such costs shall be considered through an increase to Dvirka & Bartilucci Consulting Engineer's
March 2000 contract with the Town of Southold for development of a compost site in an amount not
to exceed $15,000.00.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#46
Moved by Councilman Moore, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the environmental firm of Nelson,
Pope, & Voohris for the firm to conduct the SEQRA review process on certain water quality
improvement proiects in the Mattituck Creek area, such agreement subject to the approval of the
Town Attorney.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#47
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute any and all necessary documents for the Town of
Southold to apply for New York State grants for the Goldsmith Inlet area.
SUPERVISOR HORTON: Again, this is Bond Act money that is available through New York State
that if not accessed by the 3 1st of January will no longer be available. We wanted to move forward in
doing that water quality now in Goldsmith's Inlet, so we can move forward in revitalizing the pond,
that inlet into Sound there.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
1/15/02 13
#48
Moved by Councilman Wickham, seconded by Justice Evans, it was
WHEREAS, there has been created a Blue-Ribbon Commission on Preserving a Rural Southold with
a stated charge; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby appoints the following fifteen
05) members of said Blue-Ribbon Commission on Preserving a Rural Southold, all to serve
without compensation:
Supervisor Joshua Y. Horton
Councilman Thomas H. Wickham
Land Preservation Department Head Melissa Spiro
George Ritchie Latham, Jr.
Raymond Blum
Timothy Caufield/Marion Sumner
Martin Sidor, Jr.
Louisa Hargrave
Eric Keil
David Cichanowicz
Douglas Cooper/Kip Bedell
Ronnie Wacker/Ruth Oliva
Vincent LaRocca
Suzanne Hahn/John Holzapfel
Laury Dowd
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#49
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for a refund
in the amount of 50% of the fee paid for Building Permit 27507Z to Manzi Homes~ Inc. on
property of R. Glover & Wife SCTM # 1000-79-6-21~ in accordance with the recommendation of
the Building Department.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#50
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following members
to the Southold Town Committee on Health Issues and Services for the Elderly~ to serve without
compensation:
Anthony Bennardo, M.D., P.C.- Internist
Jay P, Slotkin, M.D., MPH, CMD - Fellow - American Geriatric Society
Juliet Frodella, MS.CRC - Assistant Director, Behavioral Health Services,
Brookhaven Hospital
Carol Worth, R.N., B.S.N. - Case Manager, Eastern Long Island Hospital
Carol Conroy, R.N. - Case Manager Central Suffolk Hospital
Carol Betty, L.P.N. - Adult Day Care Supervisor, Southold Town
Robert Stanonis - Case Manager, Suffolk County Office for Aging
Mim Newlin - Senior Advocate, Suffolk County Office for Aging
Heather Piscatelli, BSW - Social Worker, San Simeon by the Sound, Skilled
Nursing Home
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#51
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 0-69
adopted at the January 2~ 2002 Organizational meeting.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
1/15/02 14
#52 Amended 1/20/02 by Resolution #71
TOWN RECEIVER'S APPOINTMENT
RESOLVED that the Town Board of the Town of Southold hereby appoints Rosina Suglia as
Deputy Receiver of Taxes for the Town of Southold, effective January 1, 2002 through December 31,
2002, to be compensated at $1,048.00 per annum.
#53
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED, that the Town Board of the Town of Southold hereby designates the Suffolk County
National Bank as a depository of Town of Southold~ Receiver of Taxes and that funds of this
Corporation deposited in said Bank~ account 680014230 Money Market, be subject to withdrawal
upon checks, notes, Resolution drafts, bills of exchange, acceptances, undertakings of other orders for
the payment of money when signed on behalf of this Corporation by any two (2) of its following
officers to wit:
Receiver of Taxes
Deputy Receiver of Taxes
Administrative Assistant
BE IT FURTHER RESOLVED, that the above Bank, is hereby authorized to pay any such orders and
also to receive the same for credit of or in payment from the payee or any other holder without inquiry
as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order
of any signing officer or tendered in payment of his individual obligation.
Borrowing Resolution That the foregoing powers and authority will continue until written notice of
revocation has been delivered to the above Bank; also
BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized
to certify to the above Bank, the foregoing resolutions and that the provisions thereof are in conformity
with the charter and By-Laws of this Corporation.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#54
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED, that the Town Board of the Town of Southold hereby designates the Suffolk County
National Bank as a depository of Town of Southold~ Receiver of Taxes and that funds of this
Corporation deposited in said Bank~ account 610028086, be subject to withdrawal upon checks,
notes, Resolution drafts, bills of exchange, acceptances, undertakings of other orders for the payment
of money when signed on behalf of this Corporation by any two (2) of its following officers to wit:
Receiver of Taxes
Deputy Receiver of Taxes
Administrative Assistant
BE IT FURTHER RESOLVED, that the above Bank, is hereby authorized to pay any such orders and
also to receive the same for credit of or in payment from the payee or any other holder without inquiry
as to the circumstances of issue or the disposition of the proceeds even if drawn to the individual order
of any signing officer or tendered in payment of his individual obligation.
Borrowing Resolution That the foregoing powers and authority will continue until written notice of
revocation has been delivered to the above Bank; also
BE IT FURTHER RESOLVED, that the Secretary of this Corporation be and he hereby is authorized
to certify to the above Bank, the foregoing resolutions and that the provisions thereof are in conformity
with the charter and By-Laws of this Corporation.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#55
Moved by Councilman Romanelli, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the NORTH FORK
BANK as a depository of this Corporation.
DEPOSITS
RESOLVED that NORTH FORK BANK is hereby authorized to receive any and all checks, notes,
drafts or other instruments for the payment of money payable to this Corporation or to its order when
bearing the apparent endorsement of this Corporation either by handwriting, typewriting, stamp
impression, or by any other means, with or without the signature of any person purporting to be an
officer or agent of this Corporation. That any officer, agent or nominee of said Corporation is hereby
authorized to endorse the name of this Corporation either by handwriting, typewriting, stamp
impression or by any other means, on any and all of the aforesaid instruments. That said Bank may
1 / 15/02 15
receive any and all such checks, notes, drafts or other instruments for the payment of money for
deposit or discount to the credit of said Corporation and it may conclusively assume, without inquiry,
that all such deposits or discounts and all withdrawals of the proceeds thereof represent the exclusive
property of said Corporation, hereby ratifying, confirming and approving any and all acts of said Bank
in heretofore receiving for deposit or discount any such checks, notes, drafts or other instruments for
the payment of money from said Corporation and permitting withdrawal of the proceeds thereof.
WITHDRAWALS
RESOLVED that funds of this Corporation deposited in said Bank be subject to withdrawal upon
checks, notes, drafts, bills of exchange, acceptances, undertakings or other orders for the payment of
money including such as may bring about an overdraft or cause a debit pursuant to any existing
agreement; between said Bank and the Corporation when signed whether by signature of facsimile
thereof on behalf of this Corporation by any 1 of its following officers, or authorized signatures, to
wit:
Receiver of Taxes, Deputy Receiver of Taxes, Clerk, Administrative Assistant.
Or their/his/her successors in office
RESOLVED that NORTH FORK BANK is hereby authorized to honor any such items without
inquiry as to the circum- stances of issue or the disposition of the proceeds even if drawn to the
individual order of any signing officer or other person tendered in payment of his individual
obligations; and
RESOLVED that the Corporation does hereby give to the Bank a continuing lien for the amount of
any and all liabilities and obligations of the Corporation to the Bank and claims of every nature and
description of the Bank against the Corporation whether now existing or hereafter incurred upon any
and all money, securities and any and all property of the Corporation and the proceeds thereof now or
hereafter actually or constructively held 'or received by or in transit, in any manner to or from the
Bank, its correspondents or agents from or for this Corporation, whether for safekeeping, custody,
pledge, transmission, collection or otherwise coming into possession of the Bank in any way or placed
in any safe deposit box leased by the Bank to the Corporation. The Bank is also hereby given a
continuing lien and right of set- off for the amount of said liabilities and obligations upon any and all
deposits and credits of the Corporation with, and any and all claims of this Corporation against the
Bank at any time existing and the Bank is hereby authorized at any time or times without notice, to
apply such deposits or credits or ally part thereof to such liabilities or obligations and in such amounts
as the Bank may elect although such liabilities or obligations may be contingent or un-matured and
whether any collateral therefor is deemed adequate or not; and
RESOLVED that each of the foregoing Resolutions and the authority thereby conferred shall remain
in full force and effect until revoked or modified by written notice actually received by the Bank at its
office where the account of this Corporation is then maintained, setting forth a Resolution to that effect
stated to have been adopted by the Board of Directors of this Corporation and signed by one purporting
to be the Secretary or Assistant Secretary of this Corporation and bearing the purported seal of this
Corporation; that the Secretary or any Assistant Secretary or any other officer of this Corporation is
hereby authorized and directed to certify, under the seal of this Corporation or not, but with like effect
in the latter case, to the Bank the foregoing Resolutions, the names of the officers and other
representatives and specimens of their respective signatures; and that the Bank may conclusively
assume that persons at any time certified to it to be officers or other representatives of this Corporation
continue as such until receipt by the Bank of written notice to the contrary.
RESOLVED that the Corporation agrees that any oral or written stop-payment order must specify the
precise account number and payee, date, amount and number of item and be given by one authorized in
paragraph 3 hereof. The Corporation agrees to indemnify and hold the Bank harmless from and against
any and all claims and suits, whether groundless or otherwise, and from and against any and all
liabilities, losses, damages, expenses and costs (including but not limited to counsel fees) resulting
from the Bank's non-payment of such item. The Corporation further agrees that the Bank will in no
way be responsible or liable (a) for certification or payment through error or inadvertence of items
which the Corporation has requested said Bank not to payor for delay in executing such request, (b) if
by reason of such certification or payment items drawn, accepted for or delay in Corporation are
dishonored by said Bank and returned unpaid, or (c) for dishonoring and returning items unpaid for
any reason which, but for a stop payment order, would be applicable. Said Bank shall not be liable for
loss in transit or otherwise of cancelled vouchers and/or statements or loss resulting from failure to
present or by reason of late presentation of any item.
RESOLVED that unless the Corporation shall notify the Bank in writing within fourteen calendar
days of the delivery or mailing of any statement of account and cancelled check, draft or other
instrument for the payment of money (hereinafter referred to as 'Instrument') of any claimed errors in
such statement, or that the Corporation's signature upon any such returned Instrument was forged, or
that any such Instrument was made or drawn without the authority of this Corporation or not in
accordance with the signature arrangement set forth in paragraphs 2 or 3 hereof, or that it was raised or
otherwise altered, or unless this Corporation shall notify said Bank in writing within six months after
the delivery, or mailing of any such Instrument that any endorsement was forged, improper, made
1/15/02 16
without the authority of the endorser or missing, said statement of account shall be considered correct
for all purposes and said Bank shall not be liable for any payments made and charged to the account of
the Corporation or for any other errors in the statement of account as rendered to it. No legal
proceedings or actions shall be brought by this Corporation against the Bank to recover any payment of
any instrument upon which any signature or endorsement has been forged or was improper, or which
was drawn, made, accepted or endorsed without the authority of the Corporation or the endorser or not
in accordance with the signature arrangements stated in paragraphs 2 or 3 hereof, or which was raised
or altered, or on which an endorsement was missing unless (a) the Corporation shall have given the
written notice as provided hereinabove, and (b) such legal proceedings or action shall be commenced
within one year after the date when such statement and cancelled Instruments were delivered or mailed
to the Corporation in the case of an unauthorized signature or any alteration on the face or back of the
item or one and one-half years in the case of an unauthorized endorsement.
RESOLVED that the Corporation also agrees to be bound by all the rules, regulations, conditions,
limitations and agreements contained in any signature card, deposit ticket, check book, statement of
account, receipt, instrument or other agreement received by this Corporation from the Bank or
delivered to the Bank by this Corporation, with the same effect as if each and every term thereof were
set forth in full herein and made a part hereof.
RESOLVED that in the event of any litigation in which the Bank and the Corporation are adverse
parties, the right to a trial by jury and to interpose any defense based upon any Statute of Limitations or
any claim of laches and any set-off or counterclaim of any nature or description, is hereby waived by
the Corporation. All such litigation shall be brought exclusively in Supreme Court, Suffolk County,
New York and shall be governed by the Laws of the State of New York. The Corporation agrees that if
an attorney is used, from time to time, to enforce, declare or adjudicate any of the provisions herein or
any of the rights herein granted to the Bank or to obtain payment for any amount due the Bank by
reasons of transactions arising out of, relating to, authorized by, or made pursuant to this agreement,
whether by suit or by any other means whatsoever the Bank's reasonable attorney's fees shall be due
and payable by the Corporation. The Bank shall not, by any act, delay, omission or otherwise, be
deemed to have waived any of its rights or remedies hereunder unless such waiver be in writing, signed
by the Bank, and then only to the extent therein set forth; failure of the Bank to insist on compliance
with, or to exercise any right or remedy granted to it by, the resolutions and agreements set forth herein
or any of its rules, regulations, conditions, limitations and agreements contained in any signature card,
deposit ticket, check book, statement of account, receipt, notice, instrument, or other agreement shall
not be deemed a waiver thereof or a bar thereto on any other occasion nor shall same establish a course
of conduct.
RESOLVED that any notice to the Bank shall be deemed effective only if sent to and actually
received at the branch, division or department of the Bank conducting the transaction hereunder. Any
notice to the Corporation shall be deemed sufficient if sent to the last known address of the
Corporation appearing on the records of the Bank.
RESOLVED that any provision hereof which may prove unenforceable under any law shall not affect
the validity of any other provision hereof.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#56 Rescinded 2/12/02 by Resolution #102
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Dorothy
Chituk~ Clerk in the Tax Office~ to attend on behalf of Receiver of Taxes Marilyn B. Quintana~
the 2002 Annual Meeting of the New York State Association of Towns in New York City on
February 17-20, 2002.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#57
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 2002 budget~ as follows:
REVEN[IES:
A.2389.10 Miscellaneous Revenue, Other Governments
Mattituck Chamber of Commerce Grants $ 8,069.00
A.3505.10 State Side, Multi-Modal Program
Mattituck Chamber Grant $27,961.29
APPROPRIATIONS:
A. 8510.2.400.100 Community Beautification, Capital Outlay
1/15/02 17
Contracted Services
Mattituck Chamber Project $36,030.29
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#58
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
renewal of the Temporary Trailer Permit of Eric & Christine Novick while constructing new
home for permanent residence at 11003 Main Road, East Marion, New York, for a six (6) month
period, on the conditions that the trailer not be lived in, but be used for storage purposes only.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
#59
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the
purchase of development rights of agricultural lands for a certain parcel of property owned by Robert
Schreiber on the 15th day of January 2002, pursuant to the provisions of Chapter 25 (Agricultural
Lands Preservation) and/or Chapter 6 (Community Preservation Fund) of the Town Code, at which
time all interested parties were given the opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the
Development Rights of these agricultural lands, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the
development rights of a certain parcel of property of a~ricultural 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 acquisition 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 $20,000.00 (twenty thousand dollars) per acre and is pursuant to the provisions of Chapter 25
and/or Chapter 6 of the Code of the Town of Southold.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
SUPERVISOR HORTON: That is the last resolution we have on the agenda. Does the Board have any
surprise for me?
COUNCILMAN WICKHAM: Do you have any for us?
SUPERVISOR HORTON: ! have none for you. At this point ! will open it up to the floor. If there is
any Town business or any concerns that you would like to address the Town Board on now is the time
to do that.
EDWARD SIEGMANN: My name is Ed Siegmann, and I am a representative of Suffolk County East
End Senior Citizens Council in reference to senior problems. This is the first meeting that ! attended
since the election, and ! want to congratulate those who were elected, and I, for one, am very happy to
see that we eliminated the one party Town Board, and we are hoping that two parties work together to
do the things in Southold for the seniors that have to be done, and ! think a good start was made when
you appointed Romanelli as your assistant. ! am looking forward to talking to you in the future, and
some of the other representative in reference to problems that the seniors have, and see if we can get
some action in reference to some of their problems. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Siegmann. ! welcome your comments, and ! look forward
to our meeting next week. Are there any other issues?
AL STRAZZA: My name is A1 Strazza. ! live in New Suffolk. ! got a question concerning
professional resume and training of some of the elected officials, some Town Supervisors, etc. !
noticed tonight that there were quite a few people that have been going to training seminars. ! think
that is really good. ! also think that certain people who are on various Boards, such as the Board of
Trustees should have some training so that they know what their responsibilities are, so they
understand what the American Disability Act is. ! had a problem with this Board, and one of my
1 / 15/02 18
problems was I wanted a safety rail on a dock that I built. When I came to the Board to have a waiver
on a permit that was written against some of my requests I found that the Board of Trustees, none
knew what the American Disability Act was. None knew that it applied to that, and none of them
cared. I was requested by the Town Attorney to resubmit a modified permit, which I did, and on that
permit I stated that some of the changes were in compliance with the American Disabilities Act
because I am a disabled person, and they denied anyway. I just find this to be totally ludicrous. I am
glad to see that at least one of the individuals has been eliminated by being defeated. I also was
supposed to have a meeting with the Town Attorney. The meeting date was set by either him or the
Town. I came in from California to attend this meeting only to find out he took the day off. His
assistant had absolutely no idea of what it was, so I wasted my time, my efforts. I just found that to be
unprofessional. So, what I would like to see since we are spending money in training people, and think
it is money well spent, that we should train elected officials if they are elected, and don't know what
their jobs are, or they do not have the qualifications for those jobs. I would also like to see something
where we develop lessons learned, something this town desperately needs, and continuous
improvement something else this town can use. By utilizing both of those features of what many
businesses, and many government agencies have in the Federal sector have been, then we won't make
the same mistakes twice. I haven't heard of that tonight. I have requested a meeting with you, Mr.
Horton. I haven't had a response yet. I was due to leave California on Friday. That has been delayed. I
would like to have that meeting before I go back on the 27th. I understand you have an open door
policy. I would like to see how it is utilized. Thank you.
SUPERVISOR HORTON: Thank you. I have your letter on my desk. I will give you a call tomorrow.
TOWN ATTORNEY YAKABOSKI: I would like to respond very briefly. Mr. Strazza and I have
discussed this issue. Mr. Strazza, just to clarify ! think that was a court date that you had not a meeting
set with my office. If there was any miscommunication on that point my apologizes. As to your permit,
that is for another that is for another day.
SUPERVISOR HORTON: Are there any other comments from the floor?
DORICE CLARK: Good evening. My name is Dorice Clark. My husband and I are residents of
Alvah's Lane in Cutchogue. We have been residents there since 1978. We happen to be neighbors to a
woman who voiced a complaint to the town at the last meeting. We were not in attendance. ! would
like to respond to those complaints made by Ms. Slezak. ! believe ! am pronouncing it correctly.
Please, correct me if ! am wrong. She made complaints at the January 3rd Town meeting in reference to
dirt bikes that were ridden on Schneider's property that we have lived adjacent to for 23 years. She was
complaining about the noise and the dust that they create. ! would like to clarify that my response is
presented as a resident, and not as a relative, a resident and a parent, not as a relative. ! did not attend
the meeting so my knowledge of the complaints are based basically what ! read in the local paper, and
what concerned residents had contacted me about in reference to her complaints. Anybody who is not
familiar with the activities and questions ! will try to explain them, facts from what ! have witnessed.
We are talking basically about a father and son, who their father is a lovely businessman and his son,
who happens to be friends of our family, who with permission from our family on our family's
property, which is farmland, not residential. Using their equipment they have cleared relatively a
small area of unused farmland approximately 100 feet by 50. ! haven't measured it, but ! am going by
sight, and it is at least 30 feet from Alvah's Lane, so from any road frontage. They do this basically for
their sons, and a select few friends for use and practicing with their dirt bikes. We are not talking about
renegade bikers, who are tearing through anybody's private property, or farm fields. This is contained.
It is not a circle track, so the bikes are not running constantly round and round. It only has four large
jumps, and drivers just basically jump their bikes. They are just out there having fun. There are no
more than two riders at one time. All riders wear the appropriate safety gear. ! have not actually
counted, but ! don't remember seeing more than four on a given day. ! must emphasize that these are
not organized events, and they take place intermittently on a Saturday and/or Sunday afternoon. They
don't start before seven A.M., or last late into the evening. Basically they last for ! don't think for any
more than three hours. Over the holidays ! did notice that there was an increase in activity due to the
kids being out of school. As a resident in reference to the noise ! live closer to these activities than Ms.
Slezak. ! also have complete visibility, which Ms. Slezak does not. These activities occur in my
backyard. There are no buildings to muffle any noise or obstruct my view. Unlike Ms. Slezak, who has
at least an acre plus buildings between her property and these activities, and view of these activities.
Can she hear them? ! am sure that she can, but ! find it hard to believe that it can be as unbearable as
she claims. Perhaps my home is better insulated then hers, but ! have yet to be disturbed by the so-
called noise. ! have not had to turn up my TV, or had an afternoon nap cut short due to them. There
have been occasions when ! have even realized that they were there was because ! saw them out of my
window. In reference to the dust, my father, my husband, and brother have run a wholesale greenhouse
business on this property since 1978. We are no strangers to dust. It is hard to sell dirty plants. For
1/15/02 19
example, we live adjacent to 30 acres of sod farm directly to our north, which at one particular summer
were stripped to bare soil, and were left foul for two months, and we had a strong Cutchogue wind
blow, and every resident in it's path worried about dust. It took weeks for them to clean their crops in
order to sell them. It cost them greatly in time, lost sales, and heartache. They wouldn't jeopardize
their livelihood with these activities if it caused a serious dust problem. Last ! knew Ms. Slezak
worked in the city, so perhaps she hasn't had this wonderful privilege of witnessing one of those dust
storms. (tape change.) They committed themselves to building a business, and to their new town. My
mother, as a matter of fact, served under the Town under Supervisor Martocchia. Anyone who has
tried to build a business, live, and raise a family in this town in the last twenty years know that this is
not an easy town, but it was worth paying off. My family was able to make a life here. My brother and
! finished school and grew up here. ! married a local boy, and we managed to earn a living, own our
own home, and raise a family here. We didn't do this in this community for the money, but the quality
of life. The activities that occasionally go on in my backyard remind of that quality of life, especially
for our children. The idea that father and sons, and maybe daughter, too, ! can't tell with their helmets
on, are enjoying quality time together in my backyard, this gives me comfort. In this day and age ! am
thankful to know that these kids have a safe place on a Saturday or Sunday afternoon to do something
more constructive than hanging out down at the Waldbaum's parking lot, or zoned out in front of the
TV/computer, or being destructive, or worse, on drugs. These kids are young teenagers, and this is a
phase. It won't be long, and they will be worrying about dating, driver's licenses, proms, and
hopefully, college. There are things that they are learning riding these bikes, may make them better
drivers, may build their self confidence, it will certainly show them that practice makes perfect. If
nothing else they will have the memories of quality time spent with their parents, and appreciate the
quality of life this community has to offer
pass this along to their kids when the time
keep this rural ambiance, maintain quality
for their children. ! hope and pray that they will be able to
comes. The Town of Southold has gone to great lengths to
school systems, and family attributes, and we all pay dearly
for this. It is my understanding that draws people to our community. I can't speak for Ms. Slezak, and
her reasons for moving here. To my knowledge she has no children. However, and please correct me if
! am wrong, ! believe she is, or was, a New York City teacher. Under these circumstances ! find it hard
to believe that she would try to deny our children these kinds of privileges. ! hope that the Town Board
will recognize that these activities are temporary, and are conducted solely in the interest of our
children, and that we are willing to compromise with Ms. Slezak in reference to time, day, if these
activities interfere with her quality of life. However, ! think it is a sad day when a community
committed to ruralness denies its children to spend an afternoon on private property to ride a dirt bike.
Thank you.
FRANCES SLEZAK: As you know, ! was here at the last meeting, January 3. ! was here because !
was very concerned about the dirt track, which is a jumping track, which is approximately 200 feet off
of Alvah's Lane, quite visible to the traffic, so it is quite distracting to anybody driving by, which is
approximately 200 feet long by at least 75 feet wide. My calculations are more accurate than what was
presented. ! take offense to her measurements. ! am a schoolteacher and have every reverent fact,
although ! am proud that ! am a teacher. ! also travel 70 miles a day back and forth to live in here in
this community, and ! come here for my comfort and my peace, and ! think that is very, very
important. ! think it is very important that the neighbors get along and be conscious and teach their
children that there should be consideration for peace and comfort, because they are going to grow
older, too.
SUPERVISOR HORTON: ! would ask you to address any comments to the Board.
FRANCES SLEZAK: Yes, ! am sorry. ! am just moved what has happened, the things she said about
me, and she wasn't... ! take offense to that. ! never made mention of any person or personalities when
! talked about the problem.
SUPERVISOR HORTON: ! ask that you make your comments to Board, and only to the Board.
FRANCES SLEZAK: ! feel that the noise... ! have times and dates when noise went on for four hours
at a time. Many of these people are adults. There are three vehicles that come regularly with adults
driving them, with adults driving the dirt bikes. They come regularly. During the vacation they were
there fifteen days straight. They were there four hours at a time, just not this Saturday, the Saturday
before this, seven bikes, three on the property, and four next to me on the road right on my property
line. ! called the police. The Police cars came. They chased them from her property to the back of the
vineyard all around. They had to have two cop cars, and they chased them to New Suffolk Avenue,
because they came back and they told me. These people were trespassing from the other area, the
development, and came, and were participating on the track. ! have witnesses. ! have kept records of
times, dates, for thirteen months, sir, and ! ask that this Board consider that this is not.., this is a
jumping track which ! think is not beneficial to the town. You talk about preserving land on Oregon
1/15/02 20
Lane, and Alvah's Lane. That is where we are. We are on Alvah's Lane. ! don't think this fits in with
the rural nature of the land. We are talking about a scenic byway. ! do not feel that this fits in with the
nature of the land. ! care about kids. ! teach kids. ! try to teach them what is good and ethical, and !
think this track is not the healthy environment we are talking about. First you have to care about
people, and ! think we are all here caring about the land, and where the people, and how we are all
going to grow up. ! think the town is doing a wonderful job having a Conservation and Preservation
Committee. ! think that should be taken into consideration. ! am not looking to take anyone's rights
away. ! want everybody to be happy. ! am not imposing my hobbies and saying, here ! am everybody
take me, because ! want to be loud, and ! want to do this. ! think that is what the track is doing. ! also
think it is devaluing the area, the value of my home. ! mean they could go and just flatten the track out.
Also, this big sand shovel machine was towed there by the vehicles that constantly come, not with kids
driving these cars.
SUPERVISOR HORTON: Ms. Slezak, you made your concern very clear to the Board two weeks ago,
and again, you did a tremendous job this week. ! have called Chief Cochran. He came to my office
yesterday afternoon. We discussed it. ! have called the greenhouse owners, and ! spoke to them both,
and ! heard it again tonight, and when ! heard the greenhouse owners are willing to sit down and talk
with their neighbor. ! think as far as ! am concerned, and ! am sure ! have the Board's backing on this,
as a Board member or not, as a resident of Southold Town, ! think it is incumbent upon the neighbors
to address this issue as a neighbor-neighbor issue.
FRANCES SLEZAK: ! did go to them.
SUPERVISOR HORTON: That is how ! feel this should be handled. In regard to people trespassing,
and in regard to people illegally riding motorcycles, again, Chief Cochran has made it very clear to me
that he is going heighten patrol on that area, because he, too, realizes that there are perhaps
motorcycles coming neighboring subdivisions and developments.
FRANCES SLEZAK: And they are visiting Schneider' s.
SUPERVISOR HORTON: And they are riding illegally, and Chief Cochran made it very clear to me
he won't tolerate that. He will do everything in his power with all his resources to ward that off, and to
enforce the proper law. The Town Board does not have the authority to shut that track down.
FRANCES SLEZAK: ! appreciate your intervention, and ! still feel that it is not in the best interest of
the public, and appreciate your concern, but ! really do feel it is not in the best interest. It is not safe. !
don't feel that. You can see it. ! am also concerned that something like this is just starting to be
grandfathered in, and other people are going to start having them all around. ! am really concerned
about what is going to happen. Thank you.
SUPERVISOR HORTON: Are there any other comments from the floor? (No response.) That
concludes the meeting. ! make a motion to adjourn the Town Board meeting this evening.
Moved by Supervisor Horton, seconded by Councilman Romanelli, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 8:26 P.M.
Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Horton.
This resolution was duly adopted.
Elizabeth A. Neville
Southold Town Clerk