HomeMy WebLinkAboutAG-11/16/2010 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net
FREEDOM OF INFORMATION OFFICER
FINAL
AGENDA
SOUTHOLD TOWN BOARD
November 16, 2010
4:30 PM
POLICY:
At scheduled Town Board meetings, the attending public is encouraged to briefly
address the Town Board relating to agenda resolutions prior to their enactment; the public will
also be given time at the conclusion of the regularly scheduled business agenda to address the
Board on any given topic.
ONLINE ACCESS:
The Agenda is generally available the Friday before the meeting. The
video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted
resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and
meeting video can be viewed in one of two ways:
(1) The town website: southoldtown.northfork.net Scroll down to Town Clerk Gateway – On
line, click; scroll down again to Town Clerk Gateway – on line, click You will be redirected to
the Town Clerk on line site, click the “Yes” box to go into the site.
(2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”.
On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,
Long Island, NY", click on this and another box will pop up that will tell you that you are being
directed to another site click on “Yes” to go into the Town Clerk site.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
4:30 PM Meeting called to order on November 16, 2010 at Peconic Landing, Main Road,
Greenport, NY.
I. REPORTS
1. H2M Landfill Gas Monitoring Well Monitoring Program
Third quarter 2010
Southold Town Meeting Agenda - November 16, 2010
Page 2
2. North Fork Animal Welfare League Financial Statement
September 30, 2010 by Irwind & Odell CPSs LLC
3. Program for the Disabled
October 2010
4. Human Resource Center
October 2010
5. Board of Trustees
October 2010
6. Building Dept.
October 2010
7. Judge Bruer Monthly Report
October 2010
8. Special Projects Coordinator
October 2010
9. Justice Louisa P. Evans
October 2010
10. Zoning Board of Appeals
October 2010
II. PUBLIC NOTICES
1. NYS Liquor License Renewals
North Steak LLC, 44780 Middle Rd (Rt 48) Southold
North Fork Wines & Vineyards, LLC, 19110 Soundview Ave., Southold
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 A. M. - Leslie Weisman, Jerry Geohringer
ZBA fees/Environmental Consultant
2. 9:15 A. M. - Phillip Beltz, Jim Bunchuck, Jeff Standish, Southold Superintendent David
Gamberg, Southold Student Anne Davey
Youth Recycling Initiative
Southold Town Meeting Agenda - November 16, 2010
Page 3
3. 9:45 A. M. - Phillip Beltz, Heather Lanza, Mark Terry, Karen McLaughlin
Comprehensive Plan
4. 10:30 A. M. - Mark Terry
Orient Village Lane Water Quality Improvements
5. Empty
6. 11:15 A. M. - Phillip Beltz
Update on Affordable Housing
7. EDesign Dynamics
Goldsmith Proposal
8. Request from S.C. Police Department for Channel 22 Use
9. Budget Wrap-Up
10. 2:00 P. M. - EXECUTIVE SESSION - Melissa Spiro, Land Preservation
Proposed Acquisition of Real Property
(including discussion of price which would affect the value thereof)
11. Executive Session - Labor
Update on PBA Contract Negotiations
Matters involving employment of particular person(s)
12. EXECUTIVE SESSION - Litigation
Update on John Venetis et al. v. ZBA
Update on Eugene Daneri v. ZBA, et al.
V. RESOLUTIONS
2010-900
CATEGORY:
Audit
DEPARTMENT:
Town Clerk
Approve Audit
RESOLVED approves the audit dated
that the Town Board of the Town of Southold hereby
November 16, 2010.
Southold Town Meeting Agenda - November 16, 2010
Page 4
? Vote Record - Resolution RES-2010-900
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-901
CATEGORY:
Set Meeting
DEPARTMENT:
Town Clerk
Set Next Meeting
RESOLVED
that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, November 30, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M..
? Vote Record - Resolution RES-2010-901
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-902
CATEGORY:
Budget Modification
DEPARTMENT:
Solid Waste Management District
Grinder Engine Rebuild Pmt.
Fiscal Impact:
Pending reimbursement from Insurance Recoveries, as suggested by Comptroller.
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
2010 Solid Waste Management District budget as follows:
From:
NYS Retirement Benefits (SR 9010.8.000.000) $ 13,723
MSW Removal (SR 8160.4.400.805) $ 13,777
To:
Southold Town Meeting Agenda - November 16, 2010
Page 5
CBI Grinder Contracted Repairs (SR 8160.4.400.665) $27,500
? Vote Record - Resolution RES-2010-902
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-894
Tabled 11/4/2010 7:00 PM
CATEGORY:
Grants
DEPARTMENT:
Public Works
Accept Bid Laurel Lake Demolition & Debris Removal
Fiscal Impact:
This project is funded in full by a grant from the NYS Office of Parks, Recreation and Historic
Preservation.
TO BE TABLED
RESOLVED accepts the bid of
that the Town Board of the Town of Southold hereby
Dirtworks (Scott Corwin) to remove a dock, concrete block building and a concrete block
foundation, at the Laurel Lake Preserve
in the amount of $8,350.
? Vote Record - Resolution RES-2010-894
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-895
Tabled 11/4/2010 7:00 PM
CATEGORY:
Grants
DEPARTMENT:
Public Works
Contract Laurel Lake Demolition & Debris Removal
Southold Town Meeting Agenda - November 16, 2010
Page 6
Fiscal Impact:
This project is funded in full by a grant from NYS Parks, Recreation and Historic Preservation for
improvements to the Laurel Lake Preserve
TO BE TABLED
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to execute an Agreement with Dirtworks, Inc. (Scott Corwin)
in
connection the removal of a dock, concrete block building and concrete block foundation, in the
amount of $8,350, as per the Request for Proposals dated October 5, 2010, all in accordance with
the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-895
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-903
CATEGORY:
Committee Appointment
DEPARTMENT:
Town Clerk
Amend Resolution 2010-678 Adopted August 24, 2010 to Include Chairman of the Zoning Board of
Appeals to the Special Events Task Force
RESOLVEDamends Resolution 2010-
that the Town Board of the Town of Southold hereby
678
adopted August 24, 2010 to include Chairman of the Zoning Board of Appeals to the Special
Events Task Force as follows:
RESOLVED that the Town Board of the Town of Southold hereby establishes the Special Events
Task Force to make recommendations to the Town Board regarding legislation involving special
events and food service at wineries. The Task Force will consist of the following members to be
designated by the Town Board to serve through December 31, 2010:
Two Members of the Town Board
One Member from the Town Attorney’s Office
Chairman of the Zoning Board of Appeals
Two Representatives from the Long Island Wine Council
Two Representatives from the Local Business Community
One Representative from the Agricultural Community
Two Members at Large
Southold Town Meeting Agenda - November 16, 2010
Page 7
? Vote Record - Resolution RES-2010-903
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-904
CATEGORY:
Budget Modification
DEPARTMENT:
Assessors
2010 Budget Mod - Assessors
Fiscal Impact:
This budget modification is to cover our legal expenses for certiorari cases..
RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town, General
Fund 2010 budget as follows:
To:
A1355.4.500.100 Board of Assessors
Fee for Service
Legal Counsel $1500.00
From:
A1355.4.500.400 Board of Assessors
Fee for Service
BOAR Stenographer $600.00
A1355.4.500.200 Board of Assessors
Fee for Service
Appraisals $900.00
? Vote Record - Resolution RES-2010-904
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt
????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-905
CATEGORY:
Budget Modification
Southold Town Meeting Agenda - November 16, 2010
Page 8
DEPARTMENT:
Justice Court
Modify the General Fund Whole Town Justice Department 2010 Budget
Fiscal Impact:
The amount received exceeded what was budgeted to pay for their services which is a percentage of the
amount collected by the Town for the Parking violations.
RESOLVEDmodifies the General Fund
that the Town Board of the Town of Southold hereby
Whole Town Justice Department 2010 budget as follows:
To:
Revenues
A.2610.00 Fines & Forfeitures of Bail
NYS Audit & Control $18,000.00
To:
Appropriations
A.1110.4.400.500 Justices, C.E., Contracted Svcs
Parking Ticket Servicing $18,000.00
? Vote Record - Resolution RES-2010-905
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-906
CATEGORY:
Bid Acceptance
DEPARTMENT:
Police Dept
Accept DWI Seizure Vehicle- Police Department
RESOLVED authorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to accept a 2006 Ford, VIN # 1ZVHT82H565258969, obtained
from a DWI seizure and turned over by the owner,
to the Town of Southold for Law
Enforcement use only.
Southold Town Meeting Agenda - November 16, 2010
Page 9
? Vote Record - Resolution RES-2010-906
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-907
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Payment Processing Service Agreement
Between the Town of Southold and Value Payment Systems, LLC and Related Submitter Merchant
Payment Processing Agreement Between the Town of Southold and RBS WorldPay, Inc.
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to execute the Payment Processing Service Agreement between
the Town of Southold and Value Payment Systems, LLC and related Submitter Merchant
Payment Processing Agreement between the Town of Southold and RBS WorldPay, Inc.
, in
connection with on-line payments via credit cards for real property taxes, at no cost to the Town,
subject to the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-907
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-908
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Two Services Agreements Between the
Town of Southold and SPS VAR, LLC in Connection with IBM I520 Server Hardware Upgrades at the
Police Department
RESOLVEDauthorizes and directs
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to execute the two Services Agreements between the Town of
Southold and SPS VAR, LLC in connection with IBM I520 server hardware upgrades at
Southold Town Meeting Agenda - November 16, 2010
Page 10
the Police Department
, at a cost not to exceed $835.00 for each Agreement, subject to the
approval of the Town Attorney.
? Vote Record - Resolution RES-2010-908
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-909
CATEGORY:
Budget
DEPARTMENT:
Town Attorney
Orient Mosquito District
RESOLVED
that the Town Board of the Town of Southold, in accordance with the
authorization granted by the recent enactment of Assembly Bill A-10718 further amending
authorizes an increase in the annual budget for the
Chapter 246 of the laws of 1916, hereby
Orient Mosquito District to a sum not exceeding $120,000.00. This resolution shall be
subject to a permissive referendum of the eligible voters in the Orient Mosquito District.
? Vote Record - Resolution RES-2010-909
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt
????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-910
CATEGORY:
Budget Modification
DEPARTMENT:
Police Dept
Budget Modification - Police Department
Fiscal Impact:
Money needed to repair police vehicles not anticipated from motor vehicle accidents and repairs.
RESOLVEDmodifies the 2010 General
that the Town Board of the Town of Southold hereby
Fund Whole Town budget as follows:
Southold Town Meeting Agenda - November 16, 2010
Page 11
From:
A.3120.1.100.100 Police, Regular Earnings $25,000
To:
A.3120.4.400.650 Police, Vehicle Maint & Repairs $25,000
? Vote Record - Resolution RES-2010-910
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-911
CATEGORY:
Property Acquisition Public Hearing
DEPARTMENT:
Town Attorney
Edward Sawicki Open Development Area PH
WHEREAS
, the Planning Board for the Town of Southold has issued sketch plat plan approval
for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the
Town Code; and
WHEREAS
, the Town Board has received a petition from Abigail A. Wickham, Esq. on behalf
of Edward Sawicki to establish an open development area pursuant to Chapter 240 of the Town
Code; now, therefore, be it
RESOLVED
that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII
hereby
(Open Development Area), of the Town Code, the Town Board of the Town of Southold
accepts the petition of Edward Sawicki to establish open development area as complete,
and hereby sets Tuesday, November 30, 2010, at 7:35 p.m., Southold Town Hall, 53095
Main Road, Southold, New York, as the time and place for a public hearing for the
establishment of an open development area on property owned by Edward Sawicki,
said
property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Route 25 (Main
Road), Laurel. The property is located in the A-C Zoning District and is on the south side of
Main Road, approximately 100 feet easterly from the intersection of Main Road and
Franklinville Road in Laurel, New York. The proposed open development area is located on
2.5556+ acres of the 13.0464+ acre parcel.
The open development area consists of 3 lots to include 2 residential lots and 1 agricultural
reserved area. The development rights of the remaining 8.74+ acres are to be acquired by the
Town using Community Preservation Funds and subject to a development rights easement.
Southold Town Meeting Agenda - November 16, 2010
Page 12
FURTHER NOTICE
is hereby given that a more detailed description of the above-mentioned
petition to establish an open development area is on file in the Town Clerk’s Office, Southold
Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested
person during business hours.
? Vote Record - Resolution RES-2010-911
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-912
CATEGORY:
Property Acquisition Public Hearing
DEPARTMENT:
Land Preservation
PH 11/30, 7:40 PM Sill Open Space Acquisition
RESOLVED
that pursuant to the provisions of Chapter 185 (Open Space Preservation) and
Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of
sets Tuesday, November 30, 2010, at 7:40 p.m.,
Southold hereby Southold Town Hall, 53095
Main Road, Southold, New York as the time and place for a public hearing for the purchase of
the properties, owned now or formerly by Julia Sill, identified as SCTM #1000-45-5-3 and
SCTM #1000-45-5-4. The total area of the properties is 23.5± acres.The addresses of the
properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The
properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R-
80 (Low Density Residential) Zoning Districts.
?
The proposed acquisition is for the Town to acquire fee title to both properties, totaling 23.5
.
acres, for open space purposesThe exact area of the purchase is subject to a Town provided
.
survey. The purchase will be funded by the Community Preservation Fund
The properties are listed on the Town’s Community Preservation Project Plan as properties that
should be preserved for open space, nature preserve, passive recreational purposes, fresh and
saltwater marsh and wetland protection, and the preservation of undeveloped shoreline. Proposed
uses of the property may include the establishment of a nature preserve, passive recreational area
with trails, and limited parking for access purposes. The properties are adjacent to, and in the
vicinity of, other properties within the Pipes Cove Area which have been preserved for similar
purposes, and the use of the property will be in conjunction with uses that may be developed for
the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the
Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for
preserved properties within the Pipes Cove area.
Southold Town Meeting Agenda - November 16, 2010
Page 13
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
? Vote Record - Resolution RES-2010-912
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-913
CATEGORY:
Property Acquisition Public Hearing
DEPARTMENT:
Town Attorney
Michael Demchak Open Development Area PH
WHEREAS
, the Planning Board for the Town of Southold has issued sketch plat plan approval
for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the
Town Code; and
WHEREAS
, the Town Board has received a petition from Peter Danowski, Esq. on behalf of
Michael Demchak to establish an open development area pursuant to Chapter 240 of the Town
Code; now, therefore, be it
RESOLVED
that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII
hereby
(Open Development Area), of the Town Code, the Town Board of the Town of Southold
accepts the petition of Michael Demchak to establish open development area as complete,
and hereby sets Tuesday, November 30, 2010, at 7:37 p.m., Southold Town Hall, 53095
Main Road, Southold, New York, as the time and place for a public hearing for the
establishment of an open development area on property owned by Michael Demchak,
said
property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at
Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south
side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and
Oregon Road in Cutchogue, New York. The proposed open development area is located on
7.231+ acres of the 33.9890+ acre parcel.
The open development area consists of 4 lots on approximately 7.231+ acres to include 4
residential lots. The development rights of the remaining 26.67+ acres are to be acquired by the
Town using Community Preservation Funds and subject to a development rights easement.
Southold Town Meeting Agenda - November 16, 2010
Page 14
FURTHER NOTICE
is hereby given that a more detailed description of the above-mentioned
petition to establish an open development area is on file in the Town Clerk’s Office, Southold
Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested
person during business hours.
? Vote Record - Resolution RES-2010-913
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-914
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Retain EDesign Dynamics to Perform a Review and
Issue a Written Report in Connection with Dredging Goldsmith’s Inlet, Pursuant to Their Proposal Dated
November 8, 2010, at a Cost Not to Exceed 9,275.00 and Further Authorizes and Directs Supervisor Scott
A. Russell to Execute the Contract for These Services
RESOLVED
that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to retain eDesign Dynamics to perform a review and issue a written
report in connection with dredging Goldsmith’s Inlet, pursuant to Phase 1 of their Proposal dated
November 8, 2010, at a cost not to exceed $7,025.00 and further authorizes and directs
Supervisor Scott A. Russell to execute the contract for these services, subject to the approval of
the Town Attorney.
? Vote Record - Resolution RES-2010-914
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-915
CATEGORY:
Consulting
DEPARTMENT:
Town Attorney
Southold Town Meeting Agenda - November 16, 2010
Page 15
Authorizes Supervisor Scott A. Russell to Retain JMO Environmental to Perform Environmental
Consulting Services in Connection with Evaluating Property Issues Regarding ZBA Application #6422
RESOLVEDauthorizes Supervisor
that the Town Board of the Town of Southold hereby
Scott A. Russell to retain JMO Environmental to perform environmental consulting
services in connection with evaluating property issues regarding ZBA application #6422
, at
a cost not to exceed $750.00, subject to the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-915
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-916
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Approves Change Order No. 1 to the Peconic Community Center Asbestos and Lead Paint Remediation
Contract with JBH Environmental, Inc. in the Amount of $2,502.01
RESOLVEDapproves Change Order
that the Town Board of the Town of Southold hereby
No. 1 to the Peconic Community Center Asbestos and Lead Paint Remediation Contract
with JBH Environmental, Inc. in the amount of $2,502.01
, subject to the approval of the
Town Attorney.
? Vote Record - Resolution RES-2010-916
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
????????
??Christopher Talbot
Supervisor's Appt
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-917
CATEGORY:
Grants
DEPARTMENT:
Community Development
2011 Community Development Program Budget
Southold Town Meeting Agenda - November 16, 2010
Page 16
RESOLVED2011 Community
that the Town Board of the Town of Southold hereby adopts the
Development Block Grant Budget and authorizes and directs Supervisor Scott A. Russell to
sign the Project Description Forms
for the Community Development Block Grant Program.
Home Improvement Program $72,500
Peconic Community Center Improvements $25,000
Administration $13,000
Robert Perry Child Day Center $ 7,500
Community Action Southold Town $ 6,000
Peconic Community Council $ 6,000
? Vote Record - Resolution RES-2010-917
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-918
CATEGORY:
Budget
DEPARTMENT:
Town Clerk
Adopt Such Preliminary Capital Budget, as Amended, as the Annual Capital Budget of This Town for the
Fiscal Year Beginning on the 1St January 2011
WHEREAS
, the Town Board of the Town of Southold has met at the time and place
specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year
beginning on January 1, 2011, and heard all persons desiring to be heard thereon, now, therefore,
be it
RESOLVEDhereby adopt such
that the Town Board of the Town of Southold does
Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for
st
the fiscal year beginning on the 1 January 2011
; and be it
FURTHER RESOLVED
that such capital budget as adopted by this Board be entered in detail
in the minutes of the proceedings of this Town Board; and be it
FURTHER RESOLVED
that the Town Clerk of the Town of Southold shall prepare
and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of
Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of
the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk.
Southold Town Meeting Agenda - November 16, 2010
Page 17
? Vote Record - Resolution RES-2010-918
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
2010-919
CATEGORY:
Budget
DEPARTMENT:
Town Clerk
Adopt Such Preliminary Budget, as Amended, as the Annual Budget of This Town for the Fiscal Year
Beginning on the 1St Day of January 2011
WHEREAS,
the Town Board of the Town of Southold has met at the time and place specified in
the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January
1, 2011, and heard all persons desiring to be heard thereon; now, therefore, be it
RESOLVED adopt such
that the Town Board of the Town of Southold does hereby
Preliminary Budget, as amended, as the Annual Budget of this Town for the fiscal year
st
beginning on the 1 day of January 2011
; and be it
FURTHER RESOLVED
that such budget as adopted by this Board be entered in detail in the
minutes of the proceedings of this Town Board; and be it
FURTHER RESOLVED
that the Town Clerk of the Town of Southold shall prepare and certify
copies of said annual budget as adopted by the Town Board of the Town of Southold, together
with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and
deliver a copy thereof to the County Legislature of the County of Suffolk.
? Vote Record - Resolution RES-2010-919
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
??Vincent Orlando
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
Southold Town Meeting Agenda - November 16, 2010
Page 18
2010-920
CATEGORY:
Property Acquisition Purchase
DEPARTMENT:
Land Preservation
Conway Estate Seqra & Elect to Purchase
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a 31± acre parcel of property owned by the Estate of Julia Conway on the 16th
day of November, 2010, at which time all interested parties were given the opportunity to be
heard; and
WHEREAS, said property is identified as part of SCTM #1000-54-7-21.1. The address is 4395
Horton Lane, Southold, New York. The property is located in the A-C zoning district and is
located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton
Lane in Southold, New York; and
WHEREAS, the two part purchase comprises a total of 31± acres, subject to survey, including an
existing farmhouse and accessory structures; and
WHEREAS, the total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre
for the 31± acre acquisition; and
WHEREAS, the first purchase consists of the Town purchasing a development rights easement
on approximately 29± acres; and
WHEREAS, the first purchase is to be funded by the Town’s Community Preservation Fund at a
purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus
applicable acquisition costs; and
WHEREAS, the first purchase of the 29± acre development rights easement is in conformance
with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, and
WHEREAS, the second purchase consists of the Town purchasing fee title to 31± acres, of
which 29± acres are subject to a Development Rights Easement and 2± acres, including the
existing farmhouse and accessory structures, designated as the Reserve Area, remain with
development rights intact; and
WHEREAS, the second purchase is to be funded by the approved Farmland Preservation Bond
(Bond Resolution 2007-715) at a purchase price determined by the difference between the total
purchase price and the total development rights easement purchase price, with such purchase
price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus
applicable acquisition costs; and
WHEREAS, the second purchase is consistent with the approved Farmland Preservation Bond
(Bond Resolution 2007-715) and is being accomplished pursuant to and in conformance with the
Southold Town Meeting Agenda - November 16, 2010
Page 19
Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and
WHEREAS, the landowner’s application and offer to the Town was to sell fee title to the entire
31 ± acre property, and acquisition of a development rights easement only was not an option
offered by the landowner; and
WHEREAS, the 31± acre property is listed on the Town’s Community Preservation Project Plan
as property that should be preserved due to its agricultural value; and
WHEREAS, the proposed action, consisting of both purchases, has been reviewed pursuant to
Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront
Revitalization Program (“LWRP”) and the LWRP Coordinator recommends that this action is
consistent with the LWRP; and
WHEREAS, the Land Preservation Committee recommends that the Town Board acquire the
entire 31± acre property in order to further accomplish the purposes of the Town’s farmland
protection program; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase this entire 31± acre property in order to further accomplish the purposes of the Town’s
farmland protection program; and
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a 31± acre
parcel of property, including an existing farmhouse and accessory structures, owned by the
Estate of Julia Conway and identified as part of SCTM #1000-54-7-21.1. The total purchase
price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31± acre acquisition
which will occur in a two part purchase; and, be it further
RESOLVED that the first purchase consists of the Town purchasing a development rights
easement on approximately 29± acres funded by the Town’s Community Preservation Fund at a
purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus
applicable acquisition costs in conformance with the provisions of Chapter 17 (Community
Southold Town Meeting Agenda - November 16, 2010
Page 20
Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second
purchase consists of the Town purchasing fee title to 31± acres, of which 29± acres are subject to
a Development Rights Easement and 2± acres, including the existing farmhouse and accessory
structures, designated as the Reserve Area, remain with development rights intact; and, be it
further
RESOLVED that the second purchase is funded by the approved Farmland Preservation Bond
(Bond Resolution 2007-715) at a purchase price determined by the difference between the total
purchase price and the total development rights easement purchase price, with such purchase
price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus
applicable acquisition costs; and, be it further
RESOLVED that said acquisition is consistent with the approved Farmland Preservation Bond
and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond
Policy adopted by the Town Board on November 4, 2010; and, be it further
RESOLVED that the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
(“LWRP”) and the Town Board has determined that this action is consistent with the LWRP.
? Vote Record - Resolution RES-2010-920
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
??????????
Supervisor's Appt Christopher Talbot
??
Tax Receiver's Appt ????????
Albert Krupski Jr.
??
Rescinded
????????
Louisa P. Evans
??
Town Clerk's Appt
????????
Scott Russell
??
Supt Hgwys Appt
??
No Action
VI. PUBLIC HEARINGS
Motion To:
Motion to recess to Public Hearing
RESOLVEDbe and hereby is declared
that this meeting of the Southold Town Board
Recessed in order to hold a public hearing.
1. Orient Wharf Company CEM Appeal/PH
2. PH 11/16/10 Conway Estate Preservation
Motion To:
Adjourn Town Board Meeting
RESOLVED
that this meeting of the Southold Town Board be and hereby is declared adjourned at
__________ P.M.
* * * * *