Loading...
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. * * * * *