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