HomeMy WebLinkAboutTB-12/18/2001 REGULAR MEETING
December 18, 2001
4:30 P.M.
A Regular Meeting of the Southold Town Board was held on December 18, 2001, at the Southold
Town Hall, Southold,New York. Supervisor Cochran opened the meeting at 4:30 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 A. Yakaboski
SUPERVISOR COCHRAN: May I have approval of the audit for December 18, 2001?
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the following bills be and hereby are ordered paid: General Fund Whole Town bills
in the amount of$340,974.55; General Fund Part Town bills in the amount of$25,338.03; Highway
Fund Whole Town bills in the amount of$41,330.78; Highway Fund Part Town bills in the amount of
$40,657.45; CHIPS (Highway Part Town) bills in the amount of$18,600.00; Capital Projects Account
bills in the amount of$118,788.10; Ag Land Development Rights bills in the amount of$336,000.00;
Landfill Cap & Closure bills in the amount of $31,741.64; Open Space Capital Fund bills in the
amount of $30,270.00; Community Preservation Fund (2% Fund) bills in the amount of $1,900.00;
Computer System Upgrade bills in the amount of$8,956.68; New London Terminal Project bills in the
amount of$11,087.79; Compost Land Acquisition bills in the amount of$66,008.57; Employee Health
Benefit Plan bills in the amount of $7,325.82; Fishers Island Ferry District bills in the amount of
$42,282.77; Refuse & Garbage District bills in the amount of $30,383.41; Southold Wastewater
District bills in the amount of $8,912.25; Fishers Island Sewer District bills in the amount of
$11,712.98; Fishers Island Ferry District Agency&Trust bills in the amount of$258.25.
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: May I have a motion for the Organizational Meeting setting that date?
Moved by Councilman Murphy, seconded by Councilman Romanelli, it was
RESOLVED that the Organizational Meeting of the Southold Town Board will be held at 11:00 A.M.,
Wednesday. January 2, 2002 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.
SUPERVISOR COCHRAN: To set the,next regular Town Board meeting for Thursday, January 3,
2002, at 4:30 P.M.
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the next meeting of the Southold Town Board will be held at 4:30 P.M., Thursday,
January 3, 2002 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.
12/18/01 2
SUPERVISOR COCHRAN: As you know the Town Board receives Reports from the different
committees, and the appointed Boards within the Town doing the people's business. They are on file
with the Town Clerk. It is public information. If anyone would like to know a little bit more about any
of these reports, please, see our Town Clerk. She would be very happy to help you.
1. Southold Town Leave Time Summary Report for October 2001.
2. Southold Town Recreation Department Monthly Report for November 2001.
3. Southold Town Clerk's Monthly Report for November 2001.
4. Southold Town Program for the Disabled November 2001 events.
5. Southold Town Justice Price's Monthly Report for November 2001.
6. Southold Town Justice Evens' Monthly Report for November 2001.
7. Southold Town Justice Bruer's Monthly Report for November 2001.
8. Southold Town Trustees Monthly Report for November 2001.
9. Southold Town Police Department JAB Monthly Report for October 2001.
10. Southold Town Police Department JAB Monthly Report for November 2001.
11. Southold Town Animal Shelter Monthly Report for November 2001.
12. Leave Time Summary Report for November 2001.
II. PUBLIC NOTICES.
SUPERVISOR COCHRAN: We have one Public Notice, which is for the Department of
Environmental Conservation. It is an application of Fragola for a retaining wall in Gull Pond,
Greenport. They are looking for written comments by January 18, 2002.
1. New York State Department of Environmental Conservation Notice of Complete Application of
Fragola Property to install a retaining wall and dredge at 1145 Gull Pond Lane on Fordham
Canal, Town of Southold. Written comments by January 18, 2002.
III.COMMUNICATIONS.
SUPERVISOR COCHRAN: We received a letter from Mr. Smith for the stop signs at Oaklawn and
Wells giving it a four way stop, and we were very happy to do that, and hopefully it will help that
traffic control at that corner.
1. Phil Smith thanking the Town Board for stop signs at Oaklawn/Wells.
IV. PUBLIC HEARINGS.
1. 4:35 P.M., on the proposed"Local Law in Relation to No Parking, Standing and Stopping
anytime at the Intersection of Rocky Point Road and Aquaview Avenue, East Marion."
2. 4:37 P.M., on the proposed "Local Law in Relation to Parking Offenses and Penalties, Chapter
92, Articles IV and VI, Vehicles and Traffic, of the Code of the Town of Southold."
V. RESOLUTIONS.
SUPERVISOR COCHRAN: As you know the Town Board Work Session, we work on many things
that result in resolutions. Some are housekeeping, and bits of work that must be done, and we have a
policy that we call for any comments, or anything you would like to address the Town Board in
relation to any of the resolutions on the agenda. Later in the meeting we do have an opportunity for
people from the public who would like to address the Board on any Town business. So, at this
particular time is there anyone that would like to address the Town Board in relation to any of the
resolutions?
JOE GOLD: Joe Gold, Southold. I have a question on resolutions 889 through 892, which are
appointments to the Zoning Board and the Planning Board. It is my understanding that there are
interviews scheduled this week, a large number of interviews of people who have applied for positions
on the Planning Board and the Zoning Board. I am puzzled why these appointments are being made
before the interviews are conducted.
SUPERVISOR COCHRAN: This isn't part of that, Joe. This is housekeeping. Bill,perhaps you would
like to explain this.
12/18/01 3
COUNCILMAN MOORE: We are following up with the discussion as far as when appointments can
or cannot be made, November or December. They went back and looked at the Board records, and
these individuals were appointed either in November or December of the year prior to commencing
their term. So, all they are doing here is reappointing them, housekeeping matters, and their term
expires exactly when it would have when they were first appointed.
JOE GOLD: That really begs a question.
COUNCILMAN MOORE: Not at all.
JOE GOLD: Yes, it does. It says, if you do it wrong once you can do it wrong forever.
COUNCILMAN MOORE: One hundred degrees, exactly opposite.
JUSTICE EVANS: We are not filling a vacancy.
COUNCILMAN MOORE: If we had waited until January 1" on Mr. Horning it would be a non-issue.
It was done in early or mid-December prior to the commencement of his January term. It was just
cleaning up Horning's. I don't think it is the intent of anybody to walk-in in January, and say, we have
got four vacancies on the Zoning Board of Appeals, because these things were done in error in years
past. This is just cleaning up. It doesn't change the fact. You will notice there is no appointment in
reference to Jim Dinizio, and there is no appointment in reference to Richard Latham. Those are the
two expiring terms in the Zoning and Planning Board, expiring December 31", 2001. Those vacancies
will be dealt with in 2002.
JOE GOLD: So, these people were appointed prior to December 31" in whatever year they were
appointed, and they are being reappointed roughly the same date that they were appointed. In other
words if they were appointed in November they are being reappointed in December.
COUNCILMAN MOORE: No, their terms run from January 1" through December 31". They are
being ratified, or reappointed to the position terminating on December 31"of those various years.
JOE GOLD: We are back to my question. If their terms expire December 31st
COUNCILMAN MOORE: Their terms expired several years ago December 3Is', not this year. These
are not new appointments. If the technicality was that the term expired December 31 st, 1999. The
intention was on January of the year 2000 to reappoint these people, Mr. Horning, Mr. Edwards for
example those reappointment resolutions were done during their term of office in December of 1999,
for example. Since the argument has been made that those resolutions were premature by a matter of
weeks, we are simply cleaning up. There is no question that those folks are properly serving their five-
year terms on the Boards.
JOE GOLD: When do their five-year terms end?
COUNCILMAN MOORE: It says right on there, December 31 st, 2003.
JOE GOLD: So, their five-year terms must have begun on December of 1998.
COUNCILMAN MOORE: January 1st, 1998. Correct. If they weren't properly appointed, then the
position is considered vacant, and they have been holding it as a holdover.
JOE GOLD: So, we have four members of the Planning Board and the Zoning Board, who have not
been properly appointed?
COUNCILMAN MOORE: Correct. Following a long time practice of the Boards doing these
appointments in November and December. That has been a long standing practice for years, and in
examining that, and if the question is that it shouldn't have been done, then these folks would have
been done in January of their year, and this is a matter of housekeeping.
JOE GOLD: It says, also, we have had members of these Boards that have been serving without
proper appointment for years.
12/18/01 4
COUNCILMAN MOORE: That is correct, and it is a legal argument. If you want to call them
vacancies at any point in time the Town Board could have said we will appoint them to the unexpired
term, which in these instances is December 31", 2003. This removes all doubt about the
appropriateness of their appointment date, and for when their term expires taking the argument that
was raised here two weeks ago to its logical conclusion.
JOE GOLD: Doesn't it raise an even worse question? You have had members of these Boards serving
on the Boards, voting on issues, who were not permanently appointed to the Board.
COUNCILMAN MOORE: Incorrect. If you take the technical argument that there were improperly
appointed they continue to serve as holdovers. For purposes of appointment they are considered
vacancies, but they continue to legally hold their position and to take votes is not the question of their
decisions. This is a housekeeping paperwork. There is nothing more to it than that. You can go back,
and look through the minutes over the last twenty years. In fact there was a period in the late 80's
where the appointments to the Zoning and Planning were being done in April, and the terms were
running from April to April. The reason for that I could never figure out.
JOE GOLD: Let's hope things are done better in the future. Thank you.
COUNCILMAN MOORE: I am sure they will be.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any of the printed
resolutions? (No response.) If not, we will commence with the passage.
#841
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budget as follows:
TO:
A.6772.4.100.700 Programs for the Aging $ 6000.00
Contractual Expense
Supplies and Materials
Food
FROM:
A.6772.1.200.100 Programs for the Aging $ 6000.00
Personal Services
Regular Earnings
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#842
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budget as follows:
TO:
A.6772.4.100.150 Programs for the Aging $ 1750.00
Contractual Expense
Disposables
FROM:
A.6772.4.400.100 Programs for the Aging $ 1000.00
Contracted Services
Building Maintenance&Repair
A.6772.2.500.200 Programs for the Aging $ 450.00
Other Equipment
Chairs
A.6772.4.400.300 Programs for the Aging $ 300.00
Contractual Expense
Printing
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
12/18/01 5
#843
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOVLED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk
Elizabeth Neville to advertise for the position of Detention Attendant on an "as needed" basis at a
current salary of$11.30 per hour
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#844
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budget as follows:
TO:
A.6772.4.100.700 Programs for the Aging $ 6000.00
Contractual Expense
Supplies and Materials
Food
FROM:
A.1990.4.100.100 Contingency $ 6000.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#845
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry wishes to engage the services of
an additional part-time deck-hand; and
WHEREAS Christian R. Killam, 9 D'Amato Drive, Stonginton, CT 06378 has made application for
the position; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Christian R. Killam as
a Part-time deckhand at a rate of$8 00 per hour effective November 8 2001
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#846
Moved by Councilman Richter, seconded by Justice Evans,
WHEREAS, the Board of Commissioners of the Fishers Island Ferry wishes to engage the services of
an additional part-time deck-hand; and
WHEREAS Joel R. Morton, 47 Goshen Road, Bozrah, CT 06334 has made application for the
position; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Joel R. Morton as a
Part-time deckhand at a rate of$8.00 per hour effective December 6,2001
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#847
Moved by Councilman Romanelli, seconded by Councilman Richter,
WHEREAS Michael Fiora has taken the initiative to acquire a U.S. Coast Guard license thereby
making him eligible to operate the Fishers Island Ferry District vessels; and
WHEREAS the Board of Commissioners wishes to recognize his increased worth to the Fishers Island
Ferry District by virtue of having acquired said U. S. Coast Guard license; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets the hourly wage for Michael
Fiora at$11.55, effective December 6 2001
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#848
Moved by Councilman Richter, seconded by Justice Evans,
12/18/01 6
WHEREAS Claus Wolter was not included in the roster of part-time personnel that received an hourly
increase in June 2001; and
WHEREAS he has rejoined the Fishers Island Ferry District for part-time work and now possess a U.
S. Coast Guard license making him eligible to operate the District's vessels; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby sets the hourly wage for Claus
Wolter at$10.30, effective December 6,2001.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#849
Moved by Justice Evans, seconded by Councilman Romanelli,
RESOLVED that the Town Board of the Town of Southold, upon recommendation from the Fishers
Island Ferry District Board of Commissioners, hereby sets an increase equal to three percent (3%)
of the salary or wage rates received as of December 31, 2001 for the following individuals
effective January 1,2002.
Frederick Barrett Stephen Burke Charles Burgess
Mark Easter Michael Fiora Paul Foley
Richard Hoch Robert Knauff Jesse Marshall
Kevin Moroney Victoria Orr George Peabody
Kenneth Ricker Nina Schmid
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#850
Moved by Councilman Romanelli, seconded by Justice Evans, it was
WHEREAS, the County of Suffolk, by resolution No.559-1998, amended the Suffolk County Charter
to provide a Suffolk Community Greenways County Fund making twenty million dollars available for
land acquisition under the Suffolk County Active Parklands Acquisition Program; and
WHEREAS, the Town of Southold wishes to request that the County of Suffolk purchase a parcel of
land under the Suffolk County Greenways Program for active parklands, including multi-purpose
fields, which are located on the north side of County Route 48 (Sound Avenue), Mattituck, and are
more particularly described on the Suffolk County Tax Map as District 1000, Section 113, Block 12,
Lot 15 and
WHEREAS, the Town of Southold will improve and maintain the property as active parkland; and
WHEREAS, such parcel consist of approximately 37.3 acres;
NOW, THEREFORE, BE IT ROSOLVED by the Town Board of the Town of Southold that the
Town of Southold hereby requests that the following parcel of land be purchased by Suffolk
County as part of the Suffolk County Greenways Fund, to wit: north side of County Route 48
(Sound Avenue), Mattituck, and are more particularly described on the Suffolk County Tax Map as
District 1000, Section 113, Block 12, Lot 15 and
BE FURTHER RESOLVED that the Town of Southold hereby makes,a commitment to improve and
maintain the property as active parklands.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#851
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants the following change of title
for RoEer M. Tabor, a Highway Department employee, from that of full-time Laborer to full-
time Automotive Equipment Operator (AEO), at a starting salary of$16.3889, effective December
20, 2001.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#852
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budget as follows:
12/18/01 7
TO:
A.1330.1.300.100 Tax Collection, P.S.
Seasonal Employees
Regular Earnings $ 5,200.00
FROM:
A.1990.4.100.100 Contingent
Unallocated Contingencies $ 5,200.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#853
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town Budget as follows:
TO:
A.1355.1.200.100 Board of Assessors
Part Time Employees
Regular Earnings $ 1,600.00
FROM:
A.1355.4.500.400 Board of Assessors
Fee for Service
BOAR Stenographer $ 1,600.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#854
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:
Revenues:
A.5990.00 Appropriated Fund Balance $75,272.80
Appropriations:
A.3020.2.200.700 Public Safety Communications, Equip.
Communication Equipment $75,272.80
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#855
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2001 budget
as follows:
TO:
A3120.4.100.700 Prisoner Food $ 247.92
A3120.4.400.700 Vehicle Impound 164.65
A3120.4.400.650 Vehicle Maintenance &Repairs 884.52
FROM:
A3120.4.100.800 First Aid Supplies $1297.09
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#856
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Cochran to execute an Addendum to the 2001 SEEDS/ETCC employment contract
and to execute the 2002 SEEDS/EETC employment contract with the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
12/18/01 8
This resolution was duly adopted.
#857
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 Jean W. Cochran to execute a lease agreement between the Town of Southold and
Henry H. Hildreth for winter storage of highway equipment for the periods from December 1,
2001 through April 1, 2002 and December 1, 2002 through April 1, 2003, at a rental of$600.00 per
month, not to exceed $2,400.00 per year, said agreement all in accordance with the approval of the
Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#858
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED the Town Board of the Town of Southold hereby appoints Robert Kassner as a
member emeritus of the Southold Town Tree Committee in appreciation for his many years on the
Committee and subsequent service to the Town.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#859
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 General Fund
Whole Town budget as follows:
To:
Revenues:
A.2210.70 Interpreter Reimbursement 2,000.00
Appropriations:
A.1110.4.100.550 Equipment pails/supplies 212.26
A.1110.4.400.600 Equipment Maint&repairs 700.00
A.1110.4.500.200 Court Reporters 2,500.00
A.1110.4.500.300 Interpreters 2,000.00
From:
Appropriations:
A.1110.1.100.100 Full time ca Wings 2,500.00
A.I 110.4.600.300 Travel reinib., FI Justice 912.26
Vote of the Town Board: Avc: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evai, , Supervisor Cochran.
This resolution was duly adopted.
#860
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
following appointed officials to attend the Annual Meeting of the Association of Towns in New
York City on February 17-201 3002• Code Enforcement Officer Edward Forrester, and Fishers
Island Zoning Board of Appe,-t is member George Horning
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#861
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 2001 budge as follows:
To:
A.7020.2.500.300 Recreation Equipment $ 40.00
A.7020.4.100.100 Office Supplies & Stationary 250.00
12/18/01 9
A.7020.4.100.150 Youth Program Supplies 600.00
A.7020.4.400.600 Equipment Maintenance &Repairs 25.00
A.7020.4.500.420 Youth Program Instructors 6,000.00
From:
A.1990.4.100.100 Contingency $4,517.45
A.9055.8.000.100 CSEA Benefit Fund 2,397.55
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#862
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints the following
individuals to the Anti-Bias Task Force Committee:
Keith D. Griffith replaces Rev. Marvin Dozier term to expire on October 30, 2003
Carolyn G. Peabody, Ph.D., ACSW
replaces Daniel Gladstone term to expire on October 30, 2003
Sabrina Crenshaw term to expire on October 30, 2003
Cynthia Kumelos-Smith term to expire on October 30, 2003
Joseph Mellender term to expire on October 30, 2003
Ruth D. Oliva term to expire on October 30, 2003
Gina Rusch term to expire on October 30, 2003
Ethel Singleton term to expire on October 30, 2003
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Police Budget
as follows:
TO:
A.3120.1.100.300 Vacation Earnings $ 44,708.02
A.3120.1.100.400 Sick Earnings 57,327.62
FROM:
A.3120.1.600.500 Retirement Reserve $ 97,000.00
A.3120.1.300.100 Seasonal/Temporary Employees 5,035.64
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#863
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2001 Police Budget
as follows:
TO:
A.3120.1.100.300 Vacation Earnings $ 44,708.02
A.3120.1.100.400 Sick Earnings 57,327.62
FROM:
A.3120.1.600.500 Retirement Reserve $ 97,000.00
A.3120.1.300.100 Seasonal/Temporary Employees 5,035.64
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#864
Moved by Councilman Romanelli, Councilman Richter, it was
WHEREAS the Town Board of the Town of Southold is considering entering into a contract for
services with Cornell Cooperative Extension of Suffolk County Marine Program which include the
creation of a natural resource inventory and database via GIS, eelgrass management and restoration
and shellfish enhancement programs for the Town of Southold; be it therefore
RESOLVED that the Town Board of the Town of Southold declares this to be an Unlisted Action
under the SEQRA Rules and Regulations, 6 NYCRR 617.Let. seq.,be it further
RESOLVED that the Town of Southold is lead agency and there are no other involved agencies for
SEQRA purposes pursuant to 6 NYCRR 617.6 et. seq.,be it further
12/18/01 10
RESOLVED that the Town of Southold, upon completion and review of the Short Environmental
Assessment Form prepared for this project and attached hereto, makes a determination of
significance for this proiect, to be that there will be no significant adverse impact on the
environment and thereby issues a negative declaration pursuant to the SEORA rules and
regulations, 6 NYCRR 617.7 et. sea.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#865
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute a Conservation Planning Acquisition and Professional
Services Agreement with the Peconic Land Trust for the year 2002, all in accordance with the Town
Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#866
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Jean W. Cochran to execute a Conservation Planning, Acquisition and Professional
Services Agreement with The Nature ConservancX for the year 2002, all in accordance with the
Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#867
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
Revenues:
A.2705.40 Gifts & Donations $ 5,270.20
Appropriations:
A.1620.2.500.950 Hamlet Trash Receptacles $4,925.20
A.1620.4.100.100 Miscellaneous Supplies 345.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#868
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:
Revenues:
A.3089.25 Miscellaneous State Aide
NYSDOT Route 25 Pond Project $ 150,000.00
Appropriations:
A.8745.2.500.100 Flood &Erosion Control
Capital Outlay
NYSDOT Route 25 Pond Project $150,000.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#869
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Whole
Town Budget 2001 as follows:
12/18/01 11
To:
A.1420.1.100.200 Overtime Earnings $ 4000.00
From:
A.1420.4.500.100 Legal Counsel $ 4000.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#870
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund
Whole Town 2001 budget as follows:
TO:
Revenues
DA.3505.10 Multi-Modal Program
Brushes Creek Bridge $ 150,000.00
Appropriations
DA.5120.2.500.100 Bridge Reconstruction $ 150,000.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#871
Moved by Councilman Richter, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Police 2001 budget
as follows:
TO:
A.3120.1.300.200 Overtime Earnings $ 37.89
FROM:
A.3120.1.300.100 Regular Earnings $ 37.89
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
SUPERVISOR COCHRAN: May I have a motion to adjourn for a hearing?
Moved by Justice Evans, seconded by Justice Evans, it was
RESOLVED that this Town Board meeting be and hereby is recessed at 4:35 P.M. for the purpose of
holding a public hearing.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
Meeting reconvened at 4:55 P.M.
SUPERVISOR COCHRAN: We will go back to the printed resolutions, and we are on#872.
#872
Rescinded 1/03/02 by resolution#5
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2001 budget as follows:
Revenues
A.2705.40 Gifts &Donations $ 5,270.20
Appropriations:
A.1620.2.500.950 Hamlet Trash Receptacles $ 4,925.20
A.1620.4.100.100 Miscellaneous Supplies 345.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
12/18/01 12
#873
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 2001 budget as follows:
To:
A.1620.4.500.400 Buildings and Grounds, C.E.
Fee for Services,Non-employee
Architects $ 26,300.00
From:
A.9015.8.000.000 Police&Fire Retirement
Employee Benefits
Police Retirement $26,300.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#874
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the reduction of the
amount of the bond estimate for the subdivision "Richmond Shores at Peconic" from
$296,226.00 to $95,356.00, all in accordance with the recommendation of the Southold Town Planning
Board, Superintendent of Highways, and Town Engineer James A. Richter, R.A., subject to the
approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#875
Moved by Councilman Romanelli, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby designates the following banks
as depositories for the Tax Receiver's Accounts, with collateral for cash balances in the amount of
$5,000,000.00 each:
Bridgehampton National Bank, Southold,New York
North Fork Bank, Southold,New York
Suffolk County National Bank, Cutchogue,New York
Fleet Bank, Southold,New York
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#876 Rescinded January 29, 2002 by Resolution#60
Moved by Councilman Romanelli, seconded by Councilman Moore, 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:
Marilyn B. Quintana
Nancy A. Kormendi
Rosina Suglia;
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 Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
12/18/01 13
#877 Rescinded January 29,2002 by Resolution#60
Moved by Justice Evans, seconded by Councilman Richter, 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:
Marilyn B. Quintana
Nancy A. Kormendi
Rosina Suglia;
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 Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#878
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund
Whole Town 2001 budget as follows:
To:
DA.5142.4.100.100 Snow, Miscellaneous Supplies $ 500.00
DA.5142.4.100.935 Snow, Rock Salt 6,800.00
From:
DA.5120.1.100.100 Bridges, Full-time earnings $ 4,000.00
DA.5120.4.100.100 Bridges,Maintenance/Materials 1,950.00
DA.5130.1.100.100 Machinery, Full-time earnings 1,350.00
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#879
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gershow
Recycling Corp. to pay the Town of Southold$ 2.31 per ton (removal by contractor) and $15.31
per ton (delivered to contractor) for the Removal or Acceptance of all Scrap Metal from the
Southold Town Disposal Area for the period January 1, 2002 through December 31, 2002, all in
accordance with bid specifications and the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#880
Moved by Councilman Richter, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Meridian, Inc.
for the removal of scrap tires from the Landfill for the 2002 calendar year, all in accordance with
bid specifications, and the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#881
Moved by Councilman Romanelli, seconded by Justice Evans, it was
12/18/01 14
RESOLVED that the Town Board of the Town of Southold hereby modifies the Solid Waste District
2001 Budget as follows:
TO:
SR 8160.2.100.200 Desks $ 103.58
SR 8160.4.100.595 Maint Supply Tub Grinder $ 750.00
SR 8160.4.100.570 Maint/Sup John Deere 644 $2,500.00
SR 8160.4.100.600 HazMat Training/Supplies $ 600.00
SR 8160.4.400.700 Equipment Rental $ 230.85
SR 8160.4.400.900 Security/Alarm Systems $ 750.00
SR 8160.4.500.300 Equipment Lease-Whole Town $ .65
SR 8160.4.600.400 Postage $ 10.00
FROM:
SR.8160.4.100.575 Maint/Supply Leaf Shredder $4,000.00
SR 8160.4.100.607 Encapsulator Maintenance $ 945.08
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#882
Rescinded 1/03/02 by resolution#4
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby acknowledges Clerk Typist Jessica
Boger's intent to return from her leave of absence effective January 2, 2002, and resume her position
as Clerk Typist in the Town of Southold; and be it further
RESOLVED that the Town Board of the Town of Southold reassigns Jessica Boger to the Town
Clerk's office upon her return from leave of absence effective January 2, 2002, as a full-time
Clerk Typist, at a salary of$32,107.68 per year.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#883
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Francesca Ouintieri
and Bonnie Aldcroft as part-time Student Interns in the Town Clerk's office, effective January 2,
2002, at a salary of$9.54 per hour per employee.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#884
Moved by Councilman Moore, seconded by Justice Evans, 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 Court Officer for the Justice
Court.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#885
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints William Ferris IV as a
part-time Guard (Gatekeeper) at the Town's Solid Waste District at the rate of$9.50 per hour,
effective December 20, 2001.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#886
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Cochran to execute an agreement with Cornell Cooperative Extension of Suffolk
12/18/01 15
County Marine Program for the implementation of programs related to the Southold Town
Waterfront Revitalization Program (LWRP) subject to the approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#887
Moved by Justice Evans, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby provisionally appoints Michael
Terry to the full-time position of Senior Environmental Planner in the Planning Department at a
Yearly salary of$45,900.00, effective January 2, 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 Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#888
Moved by Justice Evans, seconded by Councilman Moore, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts proposal of Rov H.
Reeve Agency, Inc. to provide the Town of Southold with insurance coverage for the period
beginning January 1, 2002 through December 31, 2002 at a premium of approximately
$352,000.00, all in accordance with the recommendations of the Town's insurance consultant William
F. Mullen, Jr.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#889
Moved by Councilman Moore, seconded by Councilman Murphy, it was
WHEREAS George Horning served as a member of the Zoning Board of Appeals prior to January 1,
1999; and
WHEREAS George Horning was reappointed by the Town Board as a member of the Zoning Board
of Appeals for the five year term 1999-2003 on December 22, 1998 by resolution number 36; and
WHEREAS the issue has been raised as to whether the Town Board had the authority to reappoint
George Homing several days prior to the expiration of his term; and
WHEREAS to settle the issue,be it
RESOLVED that the Town Board of the Town of Southold hereby reappoints George Horning as a
member of the Zonh,t, Board of Appeals for the term expiring December 31 2003 effective
immediately.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evaris, Supervisor Cochran.
This resolution was duly adopted.
#890
Moved by Justice Evans, seconded( by Councilman Richter, it was
WHEREAS Kenneth L. Edwards served as a member of the Southold Town Planning Board prior to
January 1, 1998; and
WHEREAS Kenneth L. Edwards was reappointed by the Town Board as a member of the Southold
Town Planning Board for the tive;year term 1998-2002 on December 9, 1997 by resolution number 21;
and
WHEREAS the issue has been raised as to whether the Town Board had the authority to reappoint
Kenneth L. Edwards several days prior to the expiration of his term; and
WHEREAS to settle the issue,be it
RESOLVED that the Town Board of the Town of Southold hereby reappoints Kenneth L. Edwards
as a member of the Southold Town Planning Board for the term expiring December 31 2002
effective immediately.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#891
Moved by Councilman Richter, seconded by Justice Evans,
12/18/01 16
WHEREAS Bennett Orlowski, Jr. served as a member of the Southold Town Planning Board prior to
January 1, 1999; and
WHEREAS Bennett Orlowski, Jr. was reappointed by the Town Board as a member of the Southold
Town Planning Board for the five year term 1999-2003 on December 22, 1998 by resolution number
37; and
WHEREAS the issue has been raised as to whether the Town Board had the authority to reappoint
Bennett Orlowski, Jr. several days prior to the expiration of his term; and
WHEREAS to settle the issue,be it
RESOLVED that the Town Board of the Town of Southold hereby reappoints Bennett Orlowski,Jr.
as a member of the Southold Town Planning Board for the term expiring December 31,2003
effective immediately.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#892
Moved by Justice Evans, seconded by Councilman Romanelli, it was
WHEREAS the Town Board of the Town of Southold reappointed Lydia Tortora as a member of the
Zoning Board of Appeals by resolution on January 4, 2000 for a five(5)year term of office, to expire
on December 31 2004; and
WHEREAS there is not an oath of office on file for Lydia Tortora as a member of the Zoning Board
of Appeals for the term expiring on December 31, 2004; be it
RESOLVED that the Town Board of the Town of Southold hereby_appoints Lvdia Tortora as a
member of the Zoning Board of Appeals effective immediately, for the term of office expiring
on December 312004;
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted.
#893
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints John A. Cushman, II to
the exempt position of Town Comptroller, effective immediately.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
#894
Moved by Councilman Romanelli, seconded by Councilman Richter, it was
WHEREAS Gregory F. Yakaboski was appointed by Town Board resolution on January 3, 2000 to
the position of Town Attorney for the Town of Southold for the term expiring December 31, 2001; and
WHEREAS there is not an oath of office on file for the position of Town Attorney for the term
expiring on December 31, 2001; be it
RESOLVED that the Town Board of the Town of Southold hereby reappoints Gregory F. Yakaboski,
effective immediately, to the position of Town Attorney for the Town of Southold for the term
expiring December 31, 2001.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
#895
Moved by Justice Evans, seconded by Councilman Richter, it was
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York on the 4th day of December, 2001, a Local Law entitled"A Local Law in Relation to No
Parking, Standing and Stopping anytime at the intersection of Rocky Point Road and Aquaview
Avenue, East Marion", and,
WHEREAS the Town Board of the Town of Southold will held a public hearing on the 18th day of
December, 2001 at which time all interested persons were heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local
Law:
LOCAL LAW NO. 2001
BE IT ENACTED,by the Town Board of the Town of Southold as follows:
7
12/18/01 17
I. Chapter 92, Section 92-41 (Vehicles &Traffic) of the Code of the Town of Southold is
hereby amended as follows:
Name of Street Side Location
Aquaview Avenue Both In East Marion, on both sides of
Aquaview Lane, from the
intersection with Rocky Point Road,
easterly for approximately 50 feet
Rocky Point Road East In East Marion, on the east side of
Rocky Point Road,North and south
of the intersection with Aquaview
Avenue for approximately 50 feet
II. Severability. If an section or subsection, paragraph, clause,phrase or provision of this
law shall be judge invalid or held unconstitutional by any court of competent
jurisdiction, any judgment made thereby shall not affect the validity of this law as a
whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
III. This Local Law shall take effect immediately upon filing with the Secretary of State.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
#896
Moved by Councilman Murphy, seconded by Councilman Richter,
WHEREAS the Superintendent of Highways, Raymond L. Jacobs is retiring; and
WHEREAS Raymond L. Jacobs is requesting to be paid for accumulated benefit days accrued prior to
his becoming Superintendent of Highways; be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Comptroller
to pay for the accumulated benefits days accrued by Raymond L. Jacobs prior to his becoming
Superintendent of Highways subject to the following conditions:
1) the accumulated benefit days are to be paid based on Raymond L. Jacobs's salary on the
day before he became Highway Superintendent(ex. His 1985 salary); and
2) the Town Comptroller verifying both his salary as it stood prior to his becoming Highway
Superintendent and the number of accumulated benefit days that Raymond L. Jacobs had
accumulated prior to his becoming Highway Superintendent.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
#897
Moved by Councilman Moore, seconded by Supervisor Cochran,
WHEREAS, The Town Board of the Town of Southold has created certain committees by
Town Board resolution whose members are residents of the Town and
WHEREAS, The Town Board has created certain boards by local law including the Southold Town
Zoning Board of Appeals, the Southold Town Planning Board whose members are town residents
appointed pursuant to New York State Town Law to five year terms which are staggered to bring about
one appointment to each of these boards each year in order that the function of these boards not be
tainted by partisan politics; and
WHEREAS, the members of these committees and boards have received letters from
the Supervisor-elect requesting their resignation from the respective committees or boards; and
WHEREAS, a Town Supervisor has no authority to request any such resignation unilaterally, and;
WHEREAS, a Town Supervisor has no authority to unilaterally determine whether he alone will
accept any tendered resignation from either a committee or established board;
NOW, THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Southold is hereby authorized and directed to send a
letter with a copy of this resolution to each and every member of the committees and boards listed on
the addendum attached hereto advising them that the requested resignation is of no legal effect and
may be disregarded as it was not an act authorized by the duly constituted Southold Town Board.
Addendum:
The Town Comptroller
The Town Attorney
The Assistant Town Attorney
Members of the Planning Board
12/18/01 18
Members of the Zoning Board
Members of the Board of Ethics
Members of the Board of Assessment Review
Members of the Affordable Housing Committee
Members of the Land Preservation Committee
Members of the Tree Committee
Members of the Police Advisory Committee
Members of the Transportation Committee
Members of the Parks, Beaches &Recreation Committee
Members of the Landmark Preservation Committee
Members of the Goldsmith Inlet/Kenny's Beach Working Group
Members of the Architectural Review Committee
Members of the Agricultural Advisory Committee
Members of the Conservation Advisory Committee
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Moore,
Supervisor Cochran. No: Councilman Romanelli, Justice Evans.
This resolution was duly adopted.
SUPERVISOR COCHRAN: Does any members of the Board have anything else to bring before the
Board before I go to public comments? (No response.) If not we will be very happy to receive any
comments from the public. Mr. Hanson?
THOR HANSON: I am Thor Hanson. I am President of Southold Citizens for Safe Roads. If I am a
little hoarse I apologize. I have got a cold. I would like to address the Board about what I consider a
travesty. It took place a week ago last night here in this room when the Planning Board approved, I
will put it in quotes, a site plan for Cross Sound Ferry operations at Orient Point, and I put it in quotes
because in our opinion this is not a complete site plan. We think it is not complete because it does not
specify how many cars will be parked, and how they would be parked out there. I bring this to the
Board's attention, and to the attention of Josh here, and I will give him a copy of what I say here, and
ask him to pass it on to Tom Wickham, because they will up sitting with four of you on the 3'd of
January, and I do it because we of SCSR believe strongly that this has happened, that the Planning
Board has been able to do this due to what I would call the benign neglect with which this Board has
treated the Cross Sound Ferry issue for the past six years. You haven't treated all your issues in that
fashion at all, but for some reason in our opinion you have treated it this way with this particular
Connecticut company. On this issue we would said we don't think you have taken a leadership role.
You have passed the buck. The Planning Board by approving this plan last week, and by assigning this
action in Negative Declaration on the 131h of August enacted and eliminated the requirement for
environmental review. We feel he has done the citizens of Southold an injustice. Cross Sound Ferry is
operating probably the biggest business in the town. In this new plan it is written to allow them to park
well over 300 cars, really as many as they can shoehorn in with attendants, because there is no
numbers in this plan except for the 69 numbers that were approved in 1995 for the west lot out there.
As an example last summer the I" of July our traffic consultant, he made four visits out there, I pick
one of them, on the lst of July they counted 363 cars were parked out in spaces were only 69 at that
point had ever been approved by any site plan. At that time in accordance with the site plan it was not
legal to park that many cars. This new site plan, which has now been approved last week would make
that legal to put that many cars out there. Now why is that important? Why do we feel that is so
important? We feel it is because that facility is in the critical environmental area. It is next to a State
park. It is a national monument and it is across the road from the lovely County Park. It is over a very
shallow aquifer. I ask, is it just a coincidence that Cross Sound Ferry has signs in it's terminal out there
saying that their water, tap water, is not potable. Houses to the west and the north and east don't seem
to have that problem. Why does the terminal have it? It is suspicious that maybe it is the parking that
does that. The parking isn't the only problem we have got here, because the more cars the Cross Sound
can jam into those spaces out there the more traffic will be on our roads, and I don't think anyone in
this room or anyone in the Town does not believe there has been a dramatic increase in traffic since
1995, and the introduction of the high speed casino boat. Cross Sound Ferry and the Planning
Department say that the ferry traffic isn't significant as part of that increase. But the Dunne
Engineering Company the consultants did Cross Sound Ferry in their report of 1997 their chart show
that the ferry traffic can be as high as 50% of that on that stretch of road out there between Greenport,
and Orient, and it is regularly in access of 20%. One of their '97 tables shows that the ferry component
of traffic is 30% on weekdays, talking summer here, 30% on weekdays, 20% on Saturdays, and 18%
on Sunday. Now I submit those percents are not minimal. They were done by the Cross Sound Ferry
consultants. That was in '97, and it is lot worse out there now I think any of you would say. Last week
12/18/01 19
when I asked Benny Orlowski if the Planning Board had ever approved a site plan for a business.
(Tape change.) He said he didn't remember. I have looked and I have not been able to find any other
example in which a site plan of this sort has had that kind of approval without showing where those
cars are going to be, and how many there is going to be, and I would say that is not only unacceptable
in this particular site in a critical environmental area, but as I pointed out last Monday, a week ago
yesterday, it is a very dangerous precedent that the Planning Board has set by doing that. Now, why
weren't their numbers included? Because if they had been, if that plan had shown 350 plus the number
of cars they have been putting out there in the summer, and they obviously intend to continue to put
out there. If that had been shown in the site plan for a facility that had in all it's history only 69 spaces
approved by site plan in the west lot the SEQRA would have triggered an automatic full environmental
review, and that SEQRA when I say that, that is the State Environmental Quality Review Act. Now,
our question is why is Cross Sound Ferry so afraid of having an Environmental Review? In 1996 when
they submitted another plan the Planning Board said it needed an Environmental Review for ten very
good reasons. They withdrew it. Then they came back in with this one, which is one lot smaller. It is
still in the environmental area. So, we say, what are they afraid of? Why is the Planning Board
unwilling to have Environmental Review out there, and I think we ought to make one thing very clear.
There is never, ever been an Environmental Review of any part of that operation, the biggest operation
in town, ever. That is the travesty I am talking about. The Planning Board resolution of last week that
approved that site plan refers to unique circumstances of this site saying that the ferry does not fall
within any of the specific categories listed in the Town Code for parking, thus allowing the Board, I
guess, to wing it when they determine what constitutes, as they put in their resolution, reasonable and
appropriate off street parking. Now that is a big departure from the part of the Planning Board from
what they did in '95 when they did approve the 69 spaces in the west lot, which by the way were
supposedly for employee and overflow parking. But, three weeks later after the Planning Board
approved that without a review, environmental review Cross Sound announced the introduction of the
high-speed casino boat. That was a surprise to everybody. Benny was Chairman then, and both he and
Tom Wickham, who was the Supervisor, were quoted in the papers as saying they had been snookered,
the statement I can recall. But the point is though the Planning Board back then had stipulations they
used the Code, and laid out the 69 spaces. What has changed? Why don't they do it now for all that
snack bar area? That resolution tries to explain that, I guess, saying it is unpaved stone gravel lot is
preferable to a paved one with marked stalls, and that it provides flexibility for the ferry to use parking
assistance to maximize the capacity of the lot, these are their words, during peak seasonal needs. That
to me means shoehorn them in there as much as you can. Gravel and stone don't give me problem, but
Benny has been quoted in the papers as saying you can't draw lines on gravel. You can of course put
cement headers. That is done in lots of places. Cement headers that the cars lead into, and it clearly
marks where they are supposed to be. You can do that, and use the same Code they used in '95 when
they established the 69 cars in the west lot. Why didn't they? I understand why Cross Sound wants to
shoehorn in all those cars, but I don't understand why the Planning Board is allowing them to do it.
SCSR and the North Fork Environmental Council sued the Planning Board this past September, when
they determined the Negative Declaration that eliminated the need for Environmental Review. Mr.
Frank Yakaboski, the Planning Board's attorney, whom you all pay, has just asked for his third
adjournment on that suit until the end of January through the middle of September all the way to the
end of January to answer the suit. But, that doesn't surprise me because he is pretty good about asking
for delays. He delayed a year when Cross Sound sued this Board on two Articles 78's a few years ago.
I really would like to know how much money this Board has paid Mr. Yakaboski over these six years,
more so what you believe you got in return for whatever it is. I don't know what the amount is, but we
in SCSR at this moment are preparing a second suit against the Planning Board for last Monday's
action, approving that site plan. So, that is the state of affairs, and we believe that the Planning Board
has failed to represent the Town properly in this. As you well know we citizens don't vote for them.
We vote for the Board here, and during this past six years if this Board cared and had really been
keeping track of things you might well by now have replaced the whole Board one member a year, as
you were just pointing out Mr. Murphy you change one a year, but they haven't. In our opinion this
Board has shirked it's leadership on this issue, not all, but on this one, and rather than being ball
carriers you have been bystanders, and we, and many property owners, and voters, citizens in this town
hope that this new Board, that takes over in January, will assume a leadership role on this issue, and
become ball carriers. Thank you.
SUPERVISOR COCHRAN: Thank you for your comments. Anyone else like to address the Town
Board on any Town business?
PETER HARRIS: Good afternoon, ladies and gentleman. I would just like to ask a question as far as
today during your Work Session on the road dedication of August Acres.
t'
4
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12/18/01 20
SUPERVISOR COCHRAN: We held that up. We weren't entirely happy with some problems, so it is
held. We will be calling together yourself, and Mr. Players, and Jamie and so forth.
PETER HARRIS: Okay, and the last thing it says Town Board appointments Shinnecock Tribe, what
was that about?
SUPERVISOR COCHRAN: They were in today because they have the same position as this Board
does in relation to the proposed casino over here, and they wanted to express their position, which is a
no-no. They don't want to see it either.
PETER HARRIS: Thank you very much.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board on any business? (No
response.) If not, we will go on to the last couple of resolutions. Just a clarification that also in relation
to the buses I understand that I was trying to use them for other things other than seniors, and it is true
that is how they were given. Just to let you know. So, if you do have a committee as far as the usage
should also consider and have a member of the committee someone representing you, some middle
age, and so forth.
ED SEIGMANN: Let me tell you what I heard since the last meeting. I understand that there was a
letter, or literature, or something that came with those buses, and I had asked if I could have a copy of
that under the Freedom of Information Act, and if that is so I resent the fact that I can't get a letter.
SUPERVISOR COCHRAN: I will see that you get a letter tomorrow morning. There is no reason why
you can't have the letter, Ed. It is public information.
ED SEIGMANN: The last meeting you said there was nothing that came with it.
SUPERVISOR COCHRAN: I don't remember that, but no, if there is a letter you are more than
welcome. If there is a letter you are more than welcome to a copy. We are going to finish up with the
resolutions. The first one is in relation to Mr. Jacobs, and I will read this one.
#898
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS Raymond L.Jacobs, a most esteemed official of the Town of Southold is retiring
from public service on December 31,2001; and
WHEREAS Raymond L. Jacobs has given generously of his time and talent in his faithful service to
the Town of Southold residents as Deputy Superintendent of Highways until 1986, Superintendent of
Highways since January 1, 1986, and Commissioner of Public Works since January 1, 1986; and
WHEREAS his record of fine service, diligence to duty, and dedication to the Town of Southold and
its people deserves the sincere gratitude of those with whom and for whom he served; and
WHEREAS the Town of Southold will be deprived of his wise counsel and judgment as
Superintendent Highways and Commissioner of Public Works, now therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere
appreciation to Raymond L. Jacobs for his unselfish and wholehearted cooperation and untiring efforts
on behalf of the Town, and extend their best wishes for the years ahead; and be it further
RESOLVED that a copy of this resolution be entered in the permanent record of the Town Board
meeting.
SUPERVISOR COCHRAN: I congratulate Mr. Jacobs on his retirement, and he has been a good man.
He has been with the town a long time, and he has done a good job.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
#899
Moved by Supervisor Cochran, seconded by the Entire Town Board,
WHEREAS Brian G. Murphy, a most esteemed official of the Town of Southold is retiring from
Public service on December 31, 2001; and
12/18/01 21
WHEREAS Brian G. Murphy has given generously of his time and talent in his faithful service to the
Town of Southold residents as a Town Board Member since January 1, 1998, and Deputy Supervisor
since 2000; and
WHEREAS his record of fine service, diligence to duty and dedication to the Town of Southold and
its people deserves the sincere gratitude of those with whom and for whom he served; and
WHEREAS the Town of Southold will be deprived of his wise counsel and judgment as a Town
Board Member; now, therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere
appreciation to Brian G. Murphy for his unselfish and wholehearted cooperation and untiring efforts on
behalf of the Town, and extend their best wishes for the years ahead; and be it further
RESOLVED that a copy of this resolution be entered in the permanent record of the Town Board
meeting.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans, Supervisor Cochran.
This resolution was duly adopted
SUPERVISOR COCHRAN: Brian, you have been a pleasure to work with I know that. You pull more
than your share, and I think one of the most important areas that you were involved in was working
with the Land Preservation Committee. You have been instrumental and just making things happen
along with the rest of the Town Board as far as land preservation is concerned, and this is just a
memento from the Town Board reminding you of the good days, and we know how much you love the
open space. Congratulations.
COUNCILMAN MOORE: We have a very special resolution to read.
Moved by Councilman Moore, seconded by the Entire Town Board,
WHEREAS, the citizens of Southold have consistently shown their support for the Town Board's
efforts in the acquisition of parks and open space; and
WHEREAS, for the past six years the Town Board has had the invaluable assistance Supervisor Jean
W. Cochran who has developed working partnerships with both private individuals and other levels of
government, enhancing the availability of matching funds for property acquisition and making it
possible to increase the acreage of parkland in Southold Town; and
WHEREAS, Supervisor Cochran has, with vision and foresight, recognized viable projects and
spearheaded programs to provide adequate park and recreational opportunities for Southold residents
of all ages. This includes the proposal of a successful bond resolution in July of 1998 for the
acquisition of 13.85 acres on the west side of Peconic Lane and the subsequent and ongoing
improvement of such property; now, therefore be it
RESOLVED, that the To vn Board of the Town of Southold hereby declares that the above-mentioned
property, presently knwvii as Peconic Lane Park, is now and forever will be renamed the "Jean W.
Cochran Park" in appreciation to Supervisor Cochran for her dedicated service to the Town of
Southold.
Dated: December 18, 2001.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Eva:is, Supervisor Cochran.
This resolution was duly adopted.
#900
Moved by Councilman Moore, scc-onded by the Entire Town Board,
WHEREAS Jean W. Cochran,_.; most esteemed official of the Town of Southold is retiring from
Public service on December 31, 2001; and
WHEREAS Jean W. Cochran has given generously of her time and talent in her faithful service to the
Town of Southold residents as a Town Trustee in 1984, Town Councilwoman through 1989, and
Supervisor since January 1, 1996; and
WHEREAS her record of fine sci-vice, diligence to duty, and dedication to the Town of Southold and
its people deserves the sincere gratitude of those with whom and for whom she served; and
WHEREAS the Town of Southold will be deprived of her wise counsel and judgment as Supervisor;
now therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby expresses its most sincere
appreciation to Jean W. Cochran for her unselfish and wholehearted cooperation and untiring efforts
on behalf of the Town, and extend their best wishes for the years ahead; and be it further
RESOLVED that a copy of this resolution be entered in the permanent record of the Town Board
meeting.
12/18/01 22
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans.
This resolution was duly adopted
SUPERVISOR COCHRAN: I am honored. I have been honored to serve as your Supervisor. I had six
good years. This Board has accomplished a great deal, and it has been with love and respect for the
Town of Southold and its residents, and I have no quarrel when people feel that it is time for a change.
We can live with that. I would like to extend my sincere good luck to the incoming members that were
just elected to this Board. It is a great honor to serve on this Board. It is not always an easy job. You
get banged on the head with many things that you have absolutely no control over whatsoever. You do
the best you can to be fair to people and you think of our town Southold above all else. When Doctor
Dan Damianos recently gave some property to the Town of Southold, wooded property up on the
North Road I never read the entire letter publicly, because he wanted to woodlands to be named Jean
Cochran Preserve, but I love kids, and I love the area of recreation, and I think we have accomplished
some good things. Bill is working with the County to buy the property up in Mattituck for our
fairgrounds. They will buy the land, but we still have to develop that as part of active playground. We
talked this morning about taking some of park and playground money, and putting additional tennis
courts up on Tasker Park on Peconic Lane. These are passive kinds of recreation or physical recreation,
but this is a service to the community. You know people say, what do I get for my taxes, and you can
say, well, we tar your roads, and maintain them, and they will say, we don't have garbage pickup, we
don't have this, and don't have that, so we feel that one of the services we can provide not only for our
youth, and our middle age residents, but also our senior citizens something to fill their leisure time, so I
am very proud and pleased to have a park which I love.
COUNCILMAN MOORE: We have a small gift for you on behalf of the Town Board.
SUPERVISOR COCHRAN: Dam Pond. We are working presenting on getting the second half of
Dam Pond. As you know a couple of years ago we were able to get the first part, and now we are
working on the second part, and I received a very nice letter from Troy Gustayson. He felt that one of
my legacies would be these two parcels of land. So, it is just dear to have these two pictures, which
will receive a place of honor in my home. Thank you, Board. You guys have been great to work with,
you really have. You are a good Board. You are a Board that is not afraid to make good solid
decisions, and you have done a lot of that, and keep it going. Thank you.
COUNCILMAN MURPHY: I just would like to say I have enjoyed my four years here on the Board,
and I think we did get a lot accomplished, and each one of us we had our disagreements here and there,
but we managed to get through t1 in, and try to get a lot of good things done. I wish to extend my best
wishes to the incoming new Board, and hope they can be as successful in getting things accomplished
as we were. I think if they are xve, will have a great town, so again, I thank you for the opportunity to
serve, and I will around here and there. Thank you.
SUPERVISOR COCHRAN: May l have a motion to adjourn?
Moved by Councilman Romanelli, seconded by Councilman Murphy, it was
RESOLVED that this Town Board meeting be and hereby is adjourned at 5:47 P.M.
Vote of the Town Board: Aye: Councilman Richter, Councilman Murphy, Councilman Romanelli,
Councilman Moore, Justice Evans.
This resolution was duly adopted
El zabeth A. Nevil e
Southold Town Clerk