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HomeMy WebLinkAboutAG-11/30/2010Road ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 1800 RECORDS MANAGEMENT OFFICER www.southoldt own.nor thfork.net FREEDOM OF iNFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Mare PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - SOUTHOLDTOWNBOARD November 30, 2010 7:30 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 7:30 PM ~4eeting called to order on November 30, 2010 at ~4eeting Hall, 53095 Route 25, Southold, NY. I. REPORTS Town Clerk October 2010 Southold Town Meeting Agenda - November 30, 2010 Page 2 Inspection report of 10/21/10 for Animal Shelter 3. Recreation Department October 2010 4. Claim Lag Report October 2010 5. Monthly Budget Report October 2010 6. Judge Price Monthly Report October 2010 H. PUBLIC NOTICES 1. Suffolk County Shellfish Aquaculture Lease Program in Peconic & Gardiners Bays Lease Application Cycle #3, Nov. 30, 2010 4:00 PM - 6:00 PM, 1st Floor Conf. Rm., Comell Cooperative Extension Kermit W. Graf Building, 423 Griffing Ave., Riverhead 2. NYS DEC Notice of Complete Application Fishers Island Development Corp, along East End Rd in area of"Grey Gulls" to widen existing 4' x 132' open pile/open grate boardwalk to 8' width; in area of "Barleyfield Cove" propose to conslruct 8' x 300' open pile/open grate boardwalk; create area of ~eshwater wetland adjacent to 1st and 18th holes on FI Club Golf Course; regrade portion of fairway. lII. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM Meyran Coastal Erosion Appeal 2. Fishers Island Sewer District 3. Animals in Residential Districts 4. Purchase of Noise Meters 5. Push Bars on Police Cars 6. Animal Shelter Change Orders and Committee Update 7. Farm Stand Code Revisions Refer to Code Committee 8. License Agreement Southold Town Meeting Agenda - November 30, 2010 Page 3 11. 12. Deer Fences in Town ROWs Donation from Raynor-Morrelly Fund Executive Session - Labor Matters involving employment of particular person(s) Executive Session - Litigation Update of John DiVello, et al v. Town of Southold 11:30 Executive Session - Jim Dinizio Employment history of particular person(s) V. RESOLUTIONS 2010-922 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 30~ 2010. 2010-923 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Meeting for December 14, 2010 at 4:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 14, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - November 30, 2010 Page 4 2010-894 Tabled 11/4/2010 7.'00 PM, 11/16/2010 4.'30 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 WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dirtworks (Scott Corwin) to remove a doclq concrete block building and a concrete block foundation~ at the Laurel Lake Preserve in the amount of $8,350. 2010-895 Tabled 11/4/2010 7.'00 PM, 11/16/2010 4:30 PM CATEGORY: Grants DEPARTMENT: Public Works Contract Laurel Lake Demolition & Debris Removal 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 Southold Town Meeting Agenda - November 30, 2010 Page 5 TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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. 2010-924 CATEGORY: DEPARTMENT: Special Events Town Clerk Approve the Issuance of a Fireworks Permit by the Town Clerk to Greenport Holiday Committee on December 31, 2010 at 12:00 Midnight, on the Shelter Island Sound in Greenport RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Greenport Holiday Committee on December 31~ 2010 at 12:00 midnight~ on the Shelter Island Sound in Greenport, upon payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. 2010-925 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Rescind Seminar Police - Det Steven Harned Southold Town Meeting Agenda - November 30, 2010 Page 6 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2010- 885, adopted at the November 4, 2010 meeting in its entirety, as the class was full, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Hamed to attend a Taser Technician and Evidence Collection Analysis Course at the Suffolk County Sheriff's Academy in Brentwood, New York, November 15t~ through November 17t~, 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training Budget Line. 2010-926 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Winter Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Winter 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Lynda Agrusso (guitar) .............................................. $30/hour Antoinette Beck-Witt (drawing class) ..................................... $30/hour Linda Berger (Watercolor) ......................................... $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $30/hour Paula Croteau (cooking & baking) ............................... $30/hour Mary Dempsey (English as a second language) ..................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching) ...... $30/hour East End Insurance Services (Defensive Driving) ................. $30/person Bill Gatz (youth basketball) ...................................... $30/hour Denise Gillies (Tai Chi) ............................................ $30/hour Gail Horton (Rug Hooking) ...................................... $30/hour Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Southold Town Meeting Agenda - November 30, 2010 Page 7 Darren Mignone (Hula Hoop Fitness Program) ................ $30/hour Riverside Gymnastics (gymnastics program) ................... $50/person Elizabeth Schaeffler (stained glass) .............................. $30/hour Laurie Short (aerobics classes) ............................................... $30/hour Steve Smith (weight training) ................................................. $30/hour Jocelyn Suglia (youth basketball) ................................. $30/hour Kathleen Tergesen (girls basketball) .............................. $20/hour Barbara Terranova (biking, knitting, bib making) ............... $30/hour Touch Dancing Studios (ballroom dancing) ............................. $65/person 2010-927 CATEGORY: DEPARTMENT: Bid Acceptance Fishers Island Ferry District Ratify and Approve the Resolution of the FIFD Board of Commissioners Accepting the Bid of Seaport Communications to Furnish and Install the Proposed Electronic Equipment RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 accepting the bid of Seaport Communications of Stonington, CT to furnish and install the proposed electronic equipment as outlined in the Homeland Security Grant #2009-PU-R1- 0361 for the mount of $60,604.00. Amount of the total grant is not to exceed $76,500.00 and work is to be completed by April 1,2011. 2010-928 CATEGORY: DEPARTMENT: Bid Acceptance Fishers Island Ferry District Southold Town Meeting Agenda - November 30, 2010 Page 8 Ratify and Approve the Resolution of the FIFD Board of Commissioners to Accept the Bid of Hale Propeller RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 to accept the bid of Hale Propeller to furnish and deliver a 3 bladed propeller, as specified, for the amount of $6,800.00. 2010-929 CATEGORY: Bid Acceptance DEPARTMENT: Fishers Island Ferry District Ratify and Approve the Resolution of the FIFD to Accept the Bid of Marine Machining RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 to accept the bid of Marine Machining to furnish and deliver a 4" X 25'6" propeller shaft, as specified, for the amount of $7,723.00. 2010-930 CATEGORY: Budget Modification DEPARTMENT: Justice Court Budget Modification for Justice Department Fiscal Impact: Due to the large amount of jury trials held in 2010 the Court Reporter line was depleted RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Southold Town Meeting Agenda - November 30, 2010 Page 9 Whole Town Justice Department 2010 budget as follows: From: A. 1110.1.200.100 Regular Earnings/Part time Employees $2500.00 A. 1110.1.100.200 Overtime Earnings $1500.00 $4000.00 To.' A. 1110.4.500.200 Court Reporters $4000.00 2010-931 CATEGORY: Refund DEPARTMENT: Town Clerk Authorize a Partial Refund in the Amount of $350.00 to Claudia J. and Julien Ramone RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund in the amount of $350.00 to Claudia J. and Julien Ramone~ the application before the Zoning Board of Appeals has been withdrawn. 2010-932 CATEGORY: DEPARTMENT: Employment- Town Accounting Terminate Employment O'Keefe WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at a Special Meeting of the Commissioners on November 19 terminating the employment of Conal O'Keefe, Southold Town Meeting Agenda - November 30, 2010 Page 10 Deckhand (FIFD), effective immediately and WItEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Conal O'Keefe, Deckhand (FIFD), effective immediately. 2010-933 CATEGORY: DEP/IRTMENT: Property Acquisition Purchase Land Preservation Girards SEQRA & Elect to Purchase VOtEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development fights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Gimrds) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and VOtEREAS, at the request of the Seller, the Town Board's resolution to purchase the development fights easement was tabled at the Town Board meetings of August 24, 2010, September 7, 2010, September 21, 2010 and October 5, 2010, and withdrawn at the October 19, 2010 meeting; and VOtEREAS, on November 17, 2010, the Seller requested that the Town proceed with the same purchase as set forth in the August 24, 2010 public hearing; and VOtEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and VOtEREAS, the development fights easement comprises a part of the property consisting of approximately 8.26~ acres (subject to survey) of the 10.1~ acre parcel. The exact area of the development fights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and Southold Town Meeting Agenda - November 30, 2010 Page 11 VOtEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26~ acre easement plus acquisition costs; and VOtEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and VOtEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and VOtEREAS, 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 LVv~,P Coordinator has recommended that this action is consistent with the LWRP; and VOtEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and VOtEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, VOtEREAS, 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, VOtEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, VOtEREAS, 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 development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Gimrds), identified as part of SCTM //1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Southold Town Meeting Agenda - November 30, 2010 Page 12 2010-934 CATEGORY: Employment- Town DEPARTMENT: Accounting Accepts the Resignation of Florence Corwin RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Florence Corwin from the position of Seasonal Clerk in the Tax Receiver's Office~ effective November 22, 2010. 2010-935 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Provide Written Notification to Care Environmental Corp. that the Town Wishes to Exercise Its Option to Renew Its Agreement with Care Environmental to Supply the Town with HousehoM Hazardous Waste (HHW) Removal and Disposal Services through December 31, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to provide written notification to Care Environmental Corp. that the Town wishes to exercise its option to renew its Agreement with Care Environmental to supply the Town with Household Hazardous Waste (HHW) Removal and Disposal Services through December 31,2011, at prices specified in Care Environmental's bid of December 24, 2009, and adopted by the Town Board on January 5, 2010, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - November 30, 2010 Page 13 2010-936 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Glenn R. Meyran V. Trustees of the Town of SouthoM" Under Index No. 10-41231 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Glenn lL Meyran v. Trustees of the Town of Southold' under Index No. 10-41231. 2010-937 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2010-857 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-857 dated October 25~ 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Bowne Management Company~ Inc. to complete the "Needs Assessment for a Geographical Information System (GIS) for the Town of Southold in the mount of $2~,~. $36,400.00, all in accordance with the approval of the Town Attorney, and it is FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute and sign the agreement between the Town of Southold Town Meeting Agenda - November 30, 2010 Page 14 Southold and Bowne Management Company, Inc. for this Needs Assessment, all in accordance with the approval of the Town Attorney. 2010-938 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Waste oil shelter (Facilities & Grounds); trailer tires; other mods for over-expended lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste District budget as follows: From: SR 1420.4.500.100 SR 8160.4.100.608 SR 8160.4.100.225 To: SR 1490.1.100.500 SR 8160.4.100.125 SR 8160.4.100.525 SR 8160.4.100.210 SR 8160.4.100.552 SR 8160.4.100.800 SR 8160.4.100.900 SR 8160.4.400.850 Legal Counsel $3,600.00 Urea 1,000.00 Lubricants 630.43 Total: $5,230.43 Admin. Holiday Pay Misc. Supplies Payloader/Truck Tires Propane Fuel Maint-Volvo Loader Maint-Facilities & Grounds Landscaping Supplies Refrigerant Removal Total: $213.05 50.00 1,000.00 300.00 250.00 3,200.00 1.38 216.00 $5,230.43 Southold Town Meeting Agenda - November 30, 2010 Page 15 2010-939 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck-Cutchogue Cub and Girl Scouts to Close Love Lane, Mattituck Fiscal Impact: Total Police Department Cost for Event $121.76 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck-Cutchogue Cub and Girl Scouts to close Love Lane~ Mattituck between Route 25 and Pike Street for their annual tree trimming and holiday celebration~ on Sunday~ December 12~ 2010 from 3:30 PM to 5:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate tmftic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Fees have been waived for this permit. 2010-940 CATEGORY: DEPARTMENT: Budget Modification Town Clerk 2010 Budget Modification - TB Fiscal Impact: To cover cost of Town Code Supplement #16 Southold Town Meeting Agenda - November 30, 2010 Page 16 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: To: A. 1010.4.100.125 Town Board, C.E. Code Updates & Law Books $2,000 From: A. 1990.4.100.100 Unallocated Contingencies $2,000 2010-941 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Reject All Proposals for Laurel Lake Preserve Clean-U[ RESOLVED that the Town Board of the Town of Southold hereby reiects all proposals received for the removal of a wooden dock and concrete block buildings at the Laurel Lake Preserve. 2010-942 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Attorney Reopens the Record on the Amended Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, Relating to a Proposed New Single-Family Dwelling, Garage and Swimming Pool Proposed to be Located at 1725 North Sea Drive, Southold, SCTM #1000-54~f-19 Southold Town Meeting Agenda - November 30, 2010 Page 17 RESOLVED that the Town Board of the Town of Southold hereby reopens the record on the Amended Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara~ relating to a nronosed new sin~,le-familv dwellim,, ~,ara~,e and swimming, nool nronosed to be located at 1725 North Sea Drive~ Southold~ SCTM #1000-54-4-19 for the limited purpose of accepting two letters bom Peter S. Danowski, Jr., Esq., dated October 13, 2010 and November 12, 2010, and the attachments thereto. The record shall remain open for 30 days to allow the Town and other interested parties an opportunity to respond to said letters and shall be deemed closed as of December 30, 2010. 2010-943 CATEGORY: DEP/IRTMENT: Property Acquisition Purchase Land Preservation Sill SEQRA & Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties, owned now or formerly by Julia Sill, or bom The Nature Conservancy as Contract Vendee of the property owned by Julia Sill, on the 30th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM //1000-45-5-3 and SCTM //1000-45-5-4. 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; and WHERESAS, the proposed acquisition is for the Town to acquire fee title to the entire area of the two properties known as the Sill Property, totaling 23.5_+, acres for passive open space purposes. The exact area of the purchase is subject to a Town provided survey; and WHEREAS, the Seller has reserved a life estate for Julia Sill on that portion of SCTM//1000-45- 5-3 that contains the house and lawn; and WHEREAS, the purchase price is $488,000 for SCTM 1000-45-5-3, and $50,000 for SCTM# 1000-45-5-4, with the total purchase price being $538,000 (five hundred thirty-eight thousand dollars) for the entire 23.5_+ acre purchase. The purchase will be funded by the Community Preservation Fund; and Southold Town Meeting Agenda - November 30, 2010 Page 18 WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beach land and shoreline; and WHEREAS, proposed uses of the properties may include the establishment of a nature preserve, passive recreational area with hails and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties preserved within the Pipes Cove Area for similar purposes and use of the properties will be in conjunction with passive recreation uses that may be developed for the Pipes Cove Area. The Town does not intend to continue the residential use of the properties past the term of the life estate and does not intend to keep the residential structure for any future purposes. 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. Community Preservation Funds will be used for stewardship of the properties with details to be described in the Town's CPF Management and Stewardship Plan; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 1 (one) Sanitary Flow Credit may be available for transfer from the properties upon the Town's purchase of the properties and upon termination of the life estate. The transfer of this Sanitary Flow Credit into the Town TDR Bank will not be f'malized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WHEREAS, 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 LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; 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 Southold Town Meeting Agenda - November 30, 2010 Page 19 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 fmds 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 fee title to certain properties identified as SCTM //1000-45-5-3 and SCTM //1000-45-5-4, owned now or formerly by Julia Sill, or fi.om The Nature Conservancy, as Contract Vendee of the properties owned by Julia Sill. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. 2010-944 CATEGORY: DEPARIYffENT: Property Acquisition Purchase Town Clerk Michael Demchak Elect to Purchase VOtEREAS, 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 VOtEREAS, the Town Board has received a petition fi.om Peter Danowski, Esq. on behalf of Michael Demchak, to establish an open development area pursuant to Chapter 240 of the Town Code; and VOtEREAS, pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold held a public hearing on the establishment of an open development area on property owned by Michael Demchak on November 30, 2010, at which time all interested parties were given the opportunity to be heard; and VOtEREAS, 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 Southold Town Meeting Agenda - November 30, 2010 Page 20 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; and VOtEREAS, the proposed open development area is located on 7.231+ acres of the 33.9890+_ acre parcel and consists of 4 residential lots; and. VOtEREAS, 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, in accordance with Resolution No. 2010-332; and VOtEREAS, 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 LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action and has determined that the action is consistent with the LWRP; and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes an open development area consisting of 4 residential lots on approximately 7.231 + acres of the 33.9890+_ acre parcel owned by Michael Demchak and hereby authorizes and directs Supervisor Scott A. Russell to execute the approved Open Development Area Map prepared by Howard W. Young, L.S., dated September 27, 2010, withinl0 days of the date of this resolution and further directs the applicant to file said Map with the Suffolk County Clerk and the Town Clerk within 62 days, in accordance with §240-29(F) of the Town Code. Southold Town Meeting Agenda - November 30, 2010 Page 21 2. 3. 4. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. PH Meyran Coastal Erosion Appeal PH 11/30 7:35 Pm E Sawicki Open Development Area PH 11/30, 7:40 PM Sill Open Space Acquisition PH 11/30 7:37 M. Demchak Open Develop Area Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-922 Meeting: 11/30/10 07:30 PM Dcpaxtment: Town Clerk Categovj: Audit Prepared By: Lynda Rudder Initiator: Elizabeth A. NeviHe Sponsors: SupemSor Scott Russell DOC ID: 5564 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 30~ 2010. Updated: 11/18/2010 8:46 AM by Linda Cooper Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-923 Meeting: 11/30/10 07:30 PM Department: Town Clerk Calego~: Set Meeting P~epared By: Lynda Rudder Initiator: Elizabeth A. NeviHe Sponsors: SuPermSor Scoti Russell DOC ID: 5591 Set Meeting for December 14, 2010 at 4:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 14, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Updated: 11/18/2010 8:47 AM by Linda Cooper Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 TABLED RESOLUTION 2010-894 Meeting: 11/30/10 07:30 PM Depaganent: Public Works Category: Grants Prepared By: Tun McMalton Accept Bid Laurel Lake Demolition & Debris Removall TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dirtworks (Scott Corwin) to remove a doclq concrete block building and a concrete block foundation~ at the Laurel Lake Preserve in the amount of $8,350. mSTORY: 11/04/10 Iowa Board TABLED 11/16/10 Iowa Board TABLED FISCAL IMPACT: This project is funded in full by a grant from the NYS Office of P~rks, Recreation and Historic Preservation. Next: 11/16/10 Next: 11/30/10 Updated: 11/30/2010 1:04 PM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 TABLED RESOLUTION 2010-895 Meeting: 11/30/10 07:30 PM Depaganent: Public Works Category: Grants Prepared By: Tun McMahon Contract Laurel Lake Demolition & Debris Removal TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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. mSTORY: 11/04/10 Town Board TABLED Next: 11/16/10 11116/10 Town Board TABLED Next: 11/30/10 HSCAL IMPACT: This project is fimded in full by a grant from NYS P~rks, Recreation and Historic Preservation for improvement s to the Laurel Lake Preserve Updated: 11/30/2010 1:05 PM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-924 Meeting: 11/30/10 07:30 PM Department: Town Clerk Category: Special Events Prepared By: Linda Cooper Initiator: Linda Cooper DOC ID: 6379 Approve the Issuance of a Fireworks Permit by the Town Clerk to Greenport Holiday Committee on December 31, 2010 at 12:00 Midnight, on the Shelter Island Sound in Greenport RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Greenport Holiday Committee on December 31~ 2010 at 12:00 midnight~ on the Shelter Island Sound in Greenport, upon payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. Updated: 11/17/2010 10:33 AM by Linda Cooper Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-925 Meeting: 11/30/10 07:30 PM Department: Police Dc-pt Category: Ailend Seminar Prepared By: Lynda Rudde~ Initiator: Michelle Tomaszewski Sponsors: SuPeanqSor Scott Russell DOC ID: 6380 Rescind Seminar Police - Det Steven Harned RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2010- 885, adopted at the November 4, 2010 meeting in its entirety, as the class was full, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Hamed to attend a Taser Technician and Evidence Collection Analysis Course at the Suffolk County Sheriff's Academy in Brentwood, New York, November 15th through November 17th, 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training Budget Line. Updated: 11/17/2010 11:06 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-926 Meeting: 11/30/10 07:30 PM Depaflanent: Recreation Catego~j: Contracts, Lease & Agreements l~epared By: Ken Reeves Initiator: Ken Reeves DOC ID: 6381 Hire Winter Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Winter 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Lynda Agrusso (guitar) .............................................. $30/hour Antoinette Beck-Witt (drawing class) ..................................... $30/hour Linda Berger (Watercolor) ......................................... $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $30/hour Paula Croteau (cooking & baking) ............................... $30/hour Mary Dempsey (English as a second language) ..................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching) ...... $30/hour East End Insurance Services (Defensive Driving) ................. $30/person Bill Gatz (youth basketball) ...................................... $30/hour Denise Gillies (Tai Chi) ............................................ $30/hour Gail Horton (Rug Hooking) ...................................... $30/hour Rosemary Martilotta (yoga) ................................................... $55/elass Judy McCleery (digital photography) ............................ $30/hour Darren Mignone (Hula Hoop Fitness Program) ................ $30/hour Riverside Gymnastics (gymnastics program) ................... $50/person Elizabeth Sehaeffler (stained glass) .............................. $30/hour Laurie Short (aerobics classes) ............................................... $30/hour Steve Smith (weight training) ................................................. $30/hour Jocelyn Suglia (youth basketball) ................................. $30/hour Kathleen Tergesen (girls basketball) .............................. $20/hour Barbara Terranova (biking, knitting, bib making) ............... $30/hour Touch Dancing Studios (ballroom dancing) ............................. $65/person Updated: 11/30/2010 8:48 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-927 Meeting: 11/30/10 07:30 PM Depar~nent: Fishers Island Fer~ District Category: Bid Acceptance Prepared By: Linda Cooper Initiator: MinutcTraq .A drain DOC ID: 6382 Ratify and Approve the Resolution of the FIFD Board of Commissioners Accepting the Bid of Seaport Communications to Furnish and Install the Proposed Electronic Equipment RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 accepting the bid of Seaport Communications of Stonington, CT to furnish and install the proposed electronic equipment as outlined in the Homeland Security Grant #2009-PU-R1- 0361 for the mount of $60,604.00. Amount of the total grant is not to exceed $76,500.00 and work is to be completed by April 1,2011. Updated: 11/30/2010 8:49 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-928 Meeting: 11/30/10 07:30 PM Dcpar~nent: Fishers Island Fcr~ District Category: Bid Acceptance Prepared By: Linda Cooper Initiator: MinutcTraq .A drain DOC ID: 6383 Ratify and Approve the Resolution of the FIFD Board of Commissioners to Accept the Bid of Hale Propeller RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 to accept the bid of Hale Propeller to furnish and deliver a 3 bladed propeller, as specified, for the amount of $6,800.00. Updated: 11/30/2010 8:49 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-929 Meeting: 11/30/10 07:30 PM Depar~nent: Fishers Island Feroj District Category: Bid Acceptance Prepared By: Linda Coop~ Initiator: MinutcTraq .A drain DOC ID: 6384 Ratify and Approve the Resolution of the FIFD to Accept the Bid of Marine Machining RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated November 17, 2010 to accept the bid of Marine Machining to furnish and deliver a 4" X 25'6" propeller shaft, as specified, for the mount of $7,723.00. Updated: 11/30/2010 8:50 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-930 Meeting: 11/30/10 07:30 PM Depaxtment: Justice Couri CategopJ: Budget Modification Prepared By: Linda Cooper Initiator: Chris Stnlsky DOC ID: 6385 Budget Modification for Justice Department RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town Justice Department 2010 budget as follows: From: A. 1110.1.200.100 Regular Earnings/Part time Employees $2500.00 A. 1110.1.100.200 Overtime Earnings $1500.00 $4000.00 To: A. 1110.4.500.200 Court Reporters $4000.00 HSCAL 1MPACT: Due to the large amount of jmy trials held in 2010 the Court Reporter line was depleted Updated: 11/30/2010 8:51 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-931 Meeting: 11/30/10 07:30 PM Depaxtment: Town Clerk Category: Refimd Prepared By: Linda Cooper Initiator: Linda Cooper DOC ID: 6386 Authorize a Partial Refund in the Amount of $350.00 to Claudia J. and Julien Ramone RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund in the amount of $350.00 to Claudia J. and Julien Ramone~ the application before the Zoning Board of Appeals has been withdrawn. Updated: 11/22/2010 9:20 AM by Linda Cooper Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-932 Meeting: 11/30/10 07:30 PM Depaxtment: Accounting Catcgory: Employment- Town Terminate Employment O'Keefe WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at a Special Meeting of the Commissioners on November 19 terminating the employment of Conal O'Keefe, Deckhand 0elFD), effective immediately and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of Conal O'Keefe, Deckhand (FIFD), effective immediately. Updated: 11/30/2010 8:51 AM by Lynda Rudder Page 1 Southold Town Board 53095 Ma~n Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-933 Meeting: 11/30/10 07:30 PM Department: Land Preservation Category: Property Acquisition Purchase Prepared By: Melanie Doroski Girards SEQRA & Elect to Purchase VOtEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Gimrds) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and VOtEREAS, at the request of the Seller, the Town Board's resolution to purchase the development rights easement was tabled at the Town Board meetings of August 24, 2010, September 7, 2010, September 21, 2010 and October 5, 2010, and withdrawn at the October 19, 2010 meeting; and VOtEREAS, on November 17, 2010, the Seller requested that the Town proceed with the same purchase as set forth in the August 24, 2010 public hearing; and VOtEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and VOtEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26~ acres (subject to survey) of the 10.1~ acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and VOtEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26k acre easement plus acquisition costs; and VOtEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and VOtEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and VOtEREAS, 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 LWRP Coordinator has recommended that this action is consistent with the LWRP; and VOtEREAS, the Land Preservation Committee has reviewed the application for the acquisition, Updated: 11/23/2010 3:27 PM by Linda Cooper Page 1 Resolution 2010-933 Meeting of November 30, 2010 and recommends that the Town Board acquire the development rights easement; and VOtEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, VOtEREAS, 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, VOtEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, VOtEREAS, 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 development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Gimrds), identified as part of SCTM #1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Updated: 11/23/2010 3:27 PM by Linda Cooper Page 2 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-934 Meeting: 11/30/10 07:30 PM Depaxtment: Accounting Catcgory: Employment- Town Accepts the Resignation of Florence Corwin RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Florence Corwin from the position of Seasonal Clerk in the Tax Receiver's Office~ effective November 22, 2010. Updated: 11/30/2010 8:52 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-935 Meeting: 11/30/10 07:30 PM Department: Town Attorney Catego~j: Conlracts, Lease & Agreements Prepared By: Lynne ICrauza Initiator: Maxtin D. Finnegan Sponsors: supenaSor Scott Russell DOC ID: 6435 Authorizes Supervisor Scott A. Russell to Provide Written Notification to Care Environmental Corp. that the Town Wishes to Exercise Its Option to Renew Its Agreement with Care Environmental to Supply the Town with Household Hazardous Waste (HHW) Removal and Disposal Services through December 31, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to provide written notification to Care Environmental Corp. that the Town wishes to exercise its option to renew its Agreement with Care Environmental to supply the Town with Household Hazardous Waste (HHW) Removal and Disposal Services through December 31,2011, at prices specified in Care Environmental's bid of December 24, 2009, and adopted by the Town Board on January 5, 2010, subject to the approval of the Town Attorney. Updated: 11/30/2010 8:53 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-936 Meeting: 11/30/10 07:30 PM Depaxtment: Town Attorney Category: Litigation Prepared By: Lynne ICrauza Initiator: Maxtin D. Finnegan Sponsors: SupeaWaSor Scott Russell Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Glenn R. Meyran V. Trustees of the Town of Southold" Under Index No. 10-41231 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Glenn R. Meyran v. Trustees of the Town of Southold" under Index No. 10-41231. Updated: 11/29/2010 9:22 AM by Lynne Kmuza Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-937 Meeting: 11/30/10 07:30 PM Depaxtment: Town Attorney Catego~j: Contracts, Lease & Agreements Prepared By: Lynne Krauza Initiator: Maxtin D. Finnegan Sponsors: SupeaWaSor Scott Russell Amend Resolution No. 2010-857 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-857 dated October 25~ 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Bowne Management Company~ Inc. to complete the "Needs Assessment for a Geographical Information System (GIS) for the Town of Southold in the mount of $36,400.00, all in accordance with the approval of the Town Attorney, and it is FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute and sign the agreement between the Town of Southold and Bowne Management Company, Inc. for this Needs Assessment, all in accordance with the approval of the Town Attorney. Updated: 11/29/2010 9:28 AM by Lynne Krauza Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-938 Meeting: 11/30/10 07:30 PM Department: Solid Waste Management District Catcgopy: Budget Modification Prepared By: Jim Bunchuck SWMD Budget Mods RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste District budget as follows: From: SR 1420.4.500.100 SR 8160.4.100.608 SR 8160.4.100.225 To: SR 1490.1.100.500 SR 8160.4.100.125 SR 8160.4.100.525 SR 8160.4.100.210 SR 8160.4.100.552 SR 8160.4.100.800 SR 8160.4.100.900 SR 8160.4.400.850 Legal Counsel $3,600.00 Urea 1,000.00 Lubricants 630.43 Total: $5,230.43 Admin. Holiday Pay Misc. Supplies Payloader/Track Tires Propane Fuel Maint-Volvo Loader Maint-Facilities & Grounds Landscaping Supplies Refrigerant Removal Total: $213.05 50.00 1,000.00 300.00 250.00 3,200.00 1.38 216.00 $5,230.43 Updated: 11/30/2010 8:55 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDUleD RESOLUTION 2010-939 Meeting: 11/30/10 07:30 PM Depaxtment: Town Clerk Categovj: Close/Use Town Roads Prepared By: Lynda Rudder Initiator: Elizabeth A. NeviHe Sponsors: SupeaWaSor Scott Russell DOC ID: 6439 Grant Permission to the Mattituck-Cutchogue Cub and Girl Scouts to Close Love Lane, Mattituck RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck-Cutchogue Cub and Girl Scouts to close Love Lane~ Mattituck between Route 25 and Pike Street for their annual tree trimming and holiday celebration~ on Sunda% December 12~ 2010 from 3:30 PM to 5:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Fees have been waived for this permit. FISCAL IMPACT: Total Police Dcpar~nent Cost for Event = $121.76 Updated: 11/29/2010 11:09 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-940 Meeting: 11/30/10 07:30 PM Depaxtment: Town Clerk Category: Budget Modification Prepared By: Lynda Rudder Initiator: Elizabeth A. NeviHe Sponsors: supetmSor Scott Russell 2010 Budget Modification - TB RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: To: A. 1010.4.100.125 Town Board, C.E. Code Updates & Law Books $2,000 From: A. 1990.4.100.100 Unallocated Contingencies $2,000 FISCAL 1MPACT: To cover cost of Town Code Supplement #16 Updated: 11/30/2010 9:39 AM by Lynda Rudder Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-941 Meeting: 11/30/10 07:30 PM Department: Town Clerk Category: Bid Acceptance Prepared By: Linda Cooper Reject All Proposals for Laurel Lake Preserve Clean-U[ RESOLVED that the Town Board of the Town of Southold hereby re[ects all proposals received for the removal of a wooden dock and concrete block buildings at the Laurel Lake Preserve. Updated: 11/30/2010 1:20 PM by Linda Cooper Page 1 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-942 Meeting: 11/30/10 07:30 PM Department: Town Attorney Category: Misc. Public Heating Prepared By: Lynne ICrauza Initiator: Maxtin D. Finnegan Sponsors: supemSor Scott Russell Reopens the Record on the Amended Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, Relating to a Proposed New Single-Family Dwelling, Garage and Swimming Pool Proposed to be Located at 1725 North Sea Drive, Southold, SCTM #1000-54-4-19 RESOLVED that the Town Board of the Town of Southold hereby reopens the record on the Amended Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara~ relating to a nronosed new sin~,le-familv dwdlin~,, ~,ara~,e and swimming, nool nronosed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54-4-19 for the limited purpose of accepting two letters fi~om Peter S. Danowski, Jr., Esq., dated October 13, 2010 and November 12, 2010, and the attachments thereto. The record shall remain open for 30 days to allow the Town and other interested parties an opportunity to respond to said letters and shall be deemed closed as of December 30, 2010. Updated: 11/30/2010 2:17 PM by Lynne Krauza Page 1 Southold Town Board 53095 Ma~n Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-943 Meeting: 11/30/10 07:30 PM Department: Land Preservation Category: Property Acquisition Purchase Prepared By: Melanie Doroski Sill SEQRA & Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties, owned now or formerly by Julia Sill, or bom The Nature Conservancy as Contract Vendee of the property owned by Julia Sill, on the 30th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM //1000-45-5-3 and SCTM //1000-45-5-4. 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; and WHERESAS, the proposed acquisition is for the Town to acquire fee title to the entire area of the two properties known as the Sill Property, totaling 23.5_+, acres for passive open space purposes. The exact area of the purchase is subject to a Town provided survey; and WHEREAS, the Seller has reserved a life estate for Julia Sill on that portion of SCTM//1000-45- 5-3 that contains the house and lawn; and WHEREAS, the purchase price is $488,000 for SCTM 1000-45-5-3, and $50,000 for SCTM# 1000-45-5-4, with the total purchase price being $538,000 (five hundred thirty-eight thousand dollars) for the entire 23.5_+ acre purchase. The purchase will be funded by the Community Preservation Fund; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, park, nature preserve and passive recreational purposes, ~esh and saltwater marsh and wetland protection, and the preservation of undeveloped beach land and shoreline; and WHEREAS, proposed uses of the properties may include the establishment of a nature preserve, passive recreational area with hails and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties preserved within the Pipes Cove Area for similar purposes and use of the properties will be in conjunction with passive recreation uses that may be developed for the Pipes Cove Area. The Town does not intend to continue the residential use of the properties past the term of the life estate and does not intend to keep the residential structure for any future purposes. 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. Community Preservation Funds will be used for Updated: 11/30/2010 3:33 PM by Lynda Rudder Page 1 Resolution 2010-943 Meeting of November 30, 2010 stewardship of the properties with details to be described in the Town's CPF Management and Stewardship Plan; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 1 (one) Sanitary Flow Credit may be available for transfer from the properties upon the Town's purchase of the properties and upon termination of the life estate. The transfer of this Sanitary Flow Credit into the Town TDR Bank will not be fmalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WHEREAS, 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 LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; 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 Enviromental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby f'mds no significant impact on the enviroment 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 fee title to certain properties identified as SCTM //1000-45-5-3 and SCTM //1000-45-5-4, owned now or formerly by Julia Sill, or bom The Nature Conservancy, as Contract Vendee of the properties owned by Julia Sill. The proposed action has been reviewed pursuant to Chapter 268 (waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board has determined that this action is consistent with the LWRP. Updated: 11/30/2010 3:33 PM by Lynda Rudder Page 2 Southold Town Board 53095 Main Road Southold, NY 11971 SCHEDULED RESOLUTION 2010-944 Meeting: 11/30/10 07:30 PM Depaxtment: Town Clerk Category: Property Acquisition Purchase Prepared By: Lynda Rudder Initiator: Elizabeth A. NeviHe Sponsors: SuPeaWaSor Scott Russell DOC ID: 6442 Michael Demchak Elect to Purchase 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; and WHEREAS, pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VHI (Open Development Area), of the Town Code, the Town Board of the Town of Southold held a public hearing on the establishment of an open development area on property owned by Michael Demchak on November 30, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-84-1-11 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; and WHEREAS, the proposed open development area is located on 7.231+ acres of the 33.9890+_ acre parcel and consists of 4 residential lots; and. WHEREAS, 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, in accordance with Resolution No. 2010-332; and WHEREAS, 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 LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and be it further Updated: 11/30/2010 4:13 PM by Lynda Rudder Page 1 Resolution 2010-944 Meeting of November 30, 2010 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 has determined that the action is consistent with the LWRP; and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes an open development area consisting of 4 residential lots on approximately 7.231 + acres of the 33.9890+_ acre parcel owned by Michael Demchak and hereby authorizes and directs Supervisor Scott A. Russell to execute the approved Open Development Area Map prepared by Howard W. Young, L.S., dated September 27, 2010, withinl0 days of the date of this resolution and further directs the applicant to file said Map with the Suffolk County Clerk and the Town Clerk within 62 days, in accordance with §240-29(F) of the Town Code. Updated: 11/30/2010 4:13 PM by Lynda Rudder Page 2