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HomeMy WebLinkAboutAG-02/03/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD February 3, 2009 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on February 3, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran I. REPORTS 1. NFAWL Financial Statements December 2008 2. Island Group Claim Lag Report 12/1/07 - 11/30/08 3. Town Clerk Monthly Report December 2008 4. Town Clerk Quarterly Report 4th Quarter 2008 Southold Town Meeting Agenda - February 3, 2009 Page 2 5. Town Clerk Semi-Annual Report 2nd half 2008 6. Town Clerk Annual Report 2008 Annual Report 7. Department of Public Works Monthly Report January 2009 II. PUBLIC NOTICES 1. Riverhead Town Code Amendments Subdivision Regulations Site Plan Review 2. Liquor License Renewal with NYS Liquor Authority Southold American Legion Post 803, Main Road, Southold North Fork Country Club, Main Rd & Moores Lane, Cutchogue MGH Enterprises Inc. d/b/a Orient by the Sea Marina, 40200 Main Rd., Orient Bedell North Fork, LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue Village Liquor Store, 54655 Main Rd., Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:30 A.M. - Jim McMahon 2009 Park & Playground Proposals 2. 9:45 A.M. - Jim McMahon, Jamie Richter Peconic School - Update - RFP/Wind Power - per Supervisor Russell 3. 10:00 A.M. - Jamie Richter, John Sepenoski, Don Wilder LWRP Coordinating Council Chairmanship 4. 10:30 A.M. - Neb Brashich, Steven Normandin North Fork Trail Scenic Byway - Signage Project Southold Town Meeting Agenda - February 3, 2009 Page 3 5. 11:00 A.M. - Heather Lanza, Mark Terry, John Cushman Division of Natural Resources 6. 11:30 A.M. - Captain Flatley, PSD II Weingart Continuation of PSD Discussion 7. 11:45 A.M. - Linda Cooper Single Entry Fee to Landfill 8. Code Enforcement Discussion Follow Up 9. Southold Economic Response Plan per Supervisor Russell 10. Executive Session Litigation - Cross Sound Ferry 11. Executive Session Litigation - IGA vs. Wells & Hasel 12. Executive Session Attorney Client Privilege - CPF Audit Issues V. RESOLUTIONS 2009-114 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 2/3/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby February 3, 2009. ? Vote Record - Resolution RES-2009-114 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - February 3, 2009 Page 4 2009-115 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 2/24/09 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 24, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-115 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-106 Tabled 1/20/2009 7:30 PM CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Philip Beltz as Deputy Supervisor of the Town of Southold for the Term of January 1, 2009 through December 31, 2009 RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 2009-1 as follows: SUPERVISOR’S APPOINTMENT Philip Beltz Supervisor Scott A. Russell hereby appoints as Deputy Supervisor of the Town of Southold for the term of January 1, 2009 through December 31, 2009. ? Vote Record - Resolution RES-2009-106 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - February 3, 2009 Page 5 2009-107 Tabled 1/20/2009 7:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the First Amendment to Lease and Memorandum of Lease Between the Town of Southold and New Cingular Wireless PCS, LLC, Successor in Interest to Cellular Telephone Company RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the First Amendment to Lease and Memorandum of Lease between the Town of Southold and New Cingular Wireless PCS, LLC, successor in interest to Cellular Telephone Company , in connection with the renewal of the Lease regarding the Peconic Lane cell tower site for a term of 60 months, commencing on April 1, 2011, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-107 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-116 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled “A Local Law in Relation to Wireless Communications Facilities” to the Suffolk County Planning Commission and the Southold Town Planning Board for Their Review and Comments. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled “A Local Law in Relation to Wireless Communications Facilities” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments. Southold Town Meeting Agenda - February 3, 2009 Page 6 ? Vote Record - Resolution RES-2009-116 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-117 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Workstations & Printers RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2009 Capital Budget : Capital Project Name: PC’s, printers, laptops Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Interfund Transfers $5,900 Appropriations: H.1680.2.600.100 Data Processing Capital Outlay Workstations and Printers $5,900 ? Vote Record - Resolution RES-2009-117 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-118 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Scale Refund RESOLVEDauthorizes a credit balance that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - February 3, 2009 Page 7 refund to Gabriel Gonzales in the amount of $18.68 for overpayment of his tip fee account at the Cutchogue Transfer Station. ? Vote Record - Resolution RES-2009-118 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-119 CATEGORY: Grants DEPARTMENT: Town Clerk LGRMIF 2009-2010 Records Management Grant Application RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Active Records Cooperative LGRMIF grant application as lead agency, together with the Village of Greenport, in the amount of $122,420.00 to the New York State Education DepartmentNew York State Archives and , Records Administration, under the 2009-2010 (LGRMIF) Local Government Records Management Improvement Fund grant program, for the purpose of acquiring and implementing an integrated property-related land management (ECMS) electronic content management system. ? Vote Record - Resolution RES-2009-119 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-120 CATEGORY: Budget Modification DEPARTMENT: Accounting Town Board 2008 Budget Modification RESOLVEDmodifies the Town Board’s that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - February 3, 2009 Page 8 2008 budget in the General Fund Whole Town Fund as follows: From: A.1010.4.100.125 Code Updates & Law Books $ 3,500 A.1010.4.100.200 Zoning Maps 2,000 A.1010.4.400.300 Printing 4,500 A.1010.4.600.100 Legal Notices 1,900 To: A.1010.4.500.200 Labor Relations $ 8,800 A.1010.4.600.200 Meetings & Seminars 3,100 ? Vote Record - Resolution RES-2009-120 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-121 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Paper Recycling IMA RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Inter-Municipal Agreement (IMA) with the Islip Resource Recovery Agency to accept recycled newspaper from the Cutchogue Transfer Station at a guaranteed price of not less than $25/ton to be paid to the Solid Waste District for the term February 4, 2009 through December 31, 2011, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-121 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - February 3, 2009 Page 9 2009-122 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Orient by the Sea 2008 RESOLVEDmodifies the 2008 Orient that the Town Board of the Town of Southold hereby by the Sea Road Improvement District budget as follows: From: DB1.9730.7.000.000 BAN Interest $ 140 To: DB1.1420.4.500.100 Bond Counsel Fees $ 140 ? Vote Record - Resolution RES-2009-122 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-123 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for 2008 Unemployment Insuranc RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 employee benefit budgets as follows: From: A.9030.8.000.000 Social Security Benefits $ 2,000 To: A.9050.8.000.000 Unemployment Insurance Benefits $ 2,000 Southold Town Meeting Agenda - February 3, 2009 Page 10 ? Vote Record - Resolution RES-2009-123 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-124 CATEGORY: Committee Appointment DEPARTMENT: Human Resource Center Reappointments to the Committee on Health Issues and Services to the Elderly RESOLVED reappoints the Town Board of the Town of Southold hereby the following to the COMMITTEE ON HEALTH ISSUES AND SERVICES FOR THE ELDERLY , effective immediately, as recommended by Karen McLaughlin, Senior Citizen Program Director: Anthony Bennardo , M.D., P.C., Internist, Medical Director Peconic Landing and John J. Foley Skilled Nursing Facility Paul Connor , CEO Eastern Long Island Hospital Holly Rhodes-Teague , Director of the Suffolk County Office for the Aging Mary Ann Malack Ragona , Executive Director, Long Island Alzheimer’s Association Juliet Frodella , M.S.LMHC, Director of the NYS Office of Mental Health Physical/Mental Health Integration Project - South Oaks & ELIH Hospitals Kristie Golden, PhD., Director of Grants & Research, Long Island Home /South Oaks Hospital/ Broadlawn Manor Jacqueline Martinez , MSW, Senior Citizens Center Manager, Southold Town Jean DeLormeKatinka House , B.S., Southold Town Senior Adult Day Care Program Phyllis Markopolous , MSW, Caseworker, Southold Town Human Services Howard Jewitt , Southold Senior Citizens Site Council Representative Coleen Merlo , MSW, Executive Director of the Mental Association of Suffolk County Inc. Southold Town Meeting Agenda - February 3, 2009 Page 11 ? Vote Record - Resolution RES-2009-124 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-125 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- 2008 Employee Health Plan RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Employee Health Benefit Plan budget as follows: Revenues: Increase: MS.5990.00 Appropriated Fund Balance $ 150,000 Appropriations: Decrease: MS.1910.4.000.000 Insurance $ 14,000 MS.1989.4.000.000 Medicare Reimbursement 3,000 MS.8686.4.000.000 Plan Administration 7,000 MS.8686.4.000.100 Medicare D Administration 4,000 Increase: MS.9060.8.000.000 Medical Benefits $ 178,000 ? Vote Record - Resolution RES-2009-125 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-126 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - February 3, 2009 Page 12 Reject Bids Lubricants and Authorizes the Town Clerk to Rebid. RESOLVEDrejects all bids received for that the Town Board of the Town of Southold hereby the bid opening on November 20, 2008 for purchase of Lubricants for 2009 and authorizes and readvertise for bids for the Lubricants for 2009. directs the Town Clerk to ? Vote Record - Resolution RES-2009-126 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-127 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To balance budget lines for fiscal year 2008 RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.1.100.400 Sick Earnings $135,640.78 To: A.3020.1.100.200 Overtime Earnings $ 6,572.98 A.3020.1.100.500 Holiday Earnings 7,425.10 A.3020.4.100.600 Uniforms & Accessories 392.55 A.3020.4.400.600 Equipment Maintenance 575.00 A.3120.1.100.200 Overtime Earnings 77,097.83 A.3120.1.100.500 Holiday Earnings 5,138.99 A.3120.1.200.100 Regular Earnings 2,116.45 A.3120.2.500.450 Respirator Fit Tester 10.90 A.3120.2.500.550 Sprint PCS Cards 1,749.80 A.3120.4.400.400 Laundry & Dry Cleaning 4,824.30 A.3120.4.400.600 Radar Equipment Maintenance 1,601.67 A.3130.1.100.100 Regular Earnings 17,487.36 Southold Town Meeting Agenda - February 3, 2009 Page 13 A.3130.1.100.200 Overtime Earnings 3,582.83 A.3130.1.100.500 Holiday Earnings 5,301.89 A.3130.1.300.100 Regular Earnings 575.91 A.3130.4.100.600 Uniforms & Accessories 314.45 A.3130.4.400.650 Vehicle Maintenance & Repairs 314.30 A.3157.4.400.650 Vehicle Maintenance & Repairs 346.18 A.3640.1.200.100 Regular Earnings 212.29 $135,640.78 ? Vote Record - Resolution RES-2009-127 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-128 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To transfer the funds donated for the purchase of Tasers to the appropriate budget line RESOLVEDmodifies the 2009 Whole that the Town Board of the Town of Southold hereby Town budget as follows: To: Revenues: A.2705.40 Gifts and Donations $10,793.57 To: Appropriations: A.3120.2.500.625 Tasers $10,793.57 ? Vote Record - Resolution RES-2009-128 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - February 3, 2009 Page 14 2009-129 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Mod- Donations to HRC/Katinka House ADC Fiscal Impact: Memorial Donations to Katinka House - Adult Day Care Program RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts and Donations Other Donations $300.00 To: Appropriations: A.6772.4.100.120 Contractual Expense/Supplies Adult Day Care Supplies $300.00 ? Vote Record - Resolution RES-2009-129 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-130 CATEGORY: Budget Modification DEPARTMENT: Town Clerk DPW Budget Mod 2008 Fiscal Impact: Unanticipated overtime and elevated energy costs which exceeded the 2008 budget for those items. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Department of Public Works Whole Town budget as follows: Southold Town Meeting Agenda - February 3, 2009 Page 15 From: Appropriations: A.1620.1.100.100 Buildings & Grounds, P.S. $11483.19 Full Time Employees, Regular Earnings A.1620.4.200.100 Buildings & Grounds, C.E. $8712.63 Utilities, Telephone To: Appropriations: A.1620.1.100.200 Buildings & Grounds, P.S. $3057.02 Full Time Employees, Overtime Earnings A.1620.4.100.200 Buildings & Grounds, C.E. $8426.17 Supplies & Materials, Gasoline & Oil A.1620.4.600.100 Buildings & Grounds, C.E. $8712.63 Miscellaneous, Property Taxes ? Vote Record - Resolution RES-2009-130 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-131 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: The reason(s) for the above-described transfer(s) is that they have been necessitated in order to prevent end-of-year under-funding of several line items. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.4.400.600 General Repairs, C.E. Contracted Services Other Contracted Services $ 4,712.13 DB.5130.4.100.550 Machinery, C.E. Supplies & Materials Tires $ 651.73 Southold Town Meeting Agenda - February 3, 2009 Page 16 DB.5140.4.100.125 Brush & Weeds/Misc., C.E. Supplies & Materials Miscellaneous Supplies $ 1,971.22 DB.5140.4.400.600 Brush & Weeds/Misc., C.E. Contracted Services Office Equipment Maint/Repair $ 71.99 DB.5140.4.600.300 Brush & Weeds/Misc., C.E. Miscellaneous Travel $ 662.46 DB.5142.4.100.920 Snow Removal, C.E. Supplies & Materials Sand $ 4,316.80 TOTAL: $ 12,386.33 From : DB.5110.4.100.100 General Repairs, C.E. Supplies & Materials Miscellaneous Supplies $ 4,712.13 DB.5130.4.100.500 Machinery, C.E. Supplies & Material Parts & Supplies $ 651.73 DB.5140.4.100.400 Brush & Weeds/Misc., C.E. Supplies & Materials Implements (Small Tools) $ 887.91 DB.5140.4.100.550 Brush & Weeds/Misc., C.E. Supplies & Materials Equipment Parts/Supplies $ 128.91 DB.5140.4.100.900 Brush & Weeds/Misc., C.E. Supplies & Materials Landscaping Materials $ 954.40 DB.5140.4.600.400 Brush & Weeds/Misc., C.E. Miscellaneous Postage $ 71.99 DB.5140.4.600.700 Brush & Weeds/Misc., C.E. Miscellaneous Licenses $ 662.46 DB.5142.4.100.975 Snow Removal, C.E. Supplies & Materials Plow Blades, Shoes, Wheels $4,316.80 TOTAL: $ 12,386.33 Southold Town Meeting Agenda - February 3, 2009 Page 17 ? Vote Record - Resolution RES-2009-131 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-132 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: The reason(s) for the above-described transfer(s) is that it is necessitated in order to prevent end-of-year under-funding of the regular earnings line item. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows : To: A.5010 .1.100.100 Superintendent of Highways, P.S. Full Time Employees Regular Earnings $ 3,682.09 From: A.5010 .1.100.200 Superintendent of Highways, P.S. Full Time Employees Overtime Earnings $ 3,682.09 ? Vote Record - Resolution RES-2009-132 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-133 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning and Detective Joseph Conway to Attend MAGLOCLEN Training Conference in Edison, New Jersey Southold Town Meeting Agenda - February 3, 2009 Page 18 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning and Detective Joseph Conway to attend a seminar entitled "Investigative Uses of the National Crime Information Center and National Identity Crimes Law Enforcement Network" hosted by MAGLOCLEN in Edison, New Jersey on Wednesday, March 11, 2008. All expenses for travel, tolls and meals to be a legal charge to the 2009 Police Training budget line - A.3120.4.600.200. ? Vote Record - Resolution RES-2009-133 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-134 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Fiscal Impact: The reason(s) for the above-described transfer is due to the fact that the sand budget had insufficient funding due to above-normal snowfall. RESOLVEDmodifies the 2009 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5142.4.100.920 Snow Removal, C.E. Supplies & Materials Sand $ 25,000.00 From : DB.5110.4.100.900 General Repairs, C.E. Supplies & Materials Resurfacing Projects $ 25,000.00 Southold Town Meeting Agenda - February 3, 2009 Page 19 ? Vote Record - Resolution RES-2009-134 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-135 CATEGORY: Budget Modification DEPARTMENT: Accounting 2008 Budget Modification -- Transfer to Capital RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1620.2.500.650 Mattituck Park District Project $ 100,000 To: A.9901.9.000.100 Transfer to Capital Fund $ 100,000 ? Vote Record - Resolution RES-2009-135 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-136 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Town Clerk 2008 Budget Modification RESOLVEDmodifies the 2008 Town that the Town Board of the Town of Southold hereby Clerk budget as follows: To: Southold Town Meeting Agenda - February 3, 2009 Page 20 A.1410.4.200.100 Town Clerk Utilities $50.63 Cellular Telephone From: A.1410.4.400.500 Town Clerk Contractual Services $50.63 Minute Traq ? Vote Record - Resolution RES-2009-136 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-137 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Town Clerk 2008 Budget Modification RESOLVEDmodifies the Central that the Town Board of the Town of Southold hereby Copying & Mailing 2008 budget as follows: From: A.1670..2.200.400 Central Copying & Mailing Equipment $ 350.94 Postage Machine To: A.1670.2.200.500 Central Copying & Mailing Equipment $ 350.94 Copy Machines ? Vote Record - Resolution RES-2009-137 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-138 CATEGORY: Budget Modification DEPARTMENT: Justice Court Modify the Justice Court Whole Town 2008 Budget Southold Town Meeting Agenda - February 3, 2009 Page 21 Fiscal Impact: For the year end 2008 purposes, enclosed is a proposed budget modification for the Justice Court. The reason for the modifications are that there wasn’t enough money in the given budget to cover the charges. People retiring etc were not taken into consideration as far as we can tell. RESOLVEDmodifies the Justice Court that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows: To: Appropriations: A.1110.1.100.100 Regular Earnings 4,990.54 A.1110.1.100.200 Overtime Earnings 9.70 A.1110.1.100.300 Vacation Earnings 11,133.15 A.1110.1.100.400 Sick Earnings 15,193.37 A.1110.1.200.100 Part-Time Earnings 112.84 A.1110.2.100.200 File Cabinets 599.99 A.1110.4.200.100 Telephone-DMV & Criminet 138.15 A.1110.4.400.500 Parking Ticket Servicing 6,700.50 From: Appropriations: A.1110.1.300.100 Seasonal, Regular Earnings 10,650.00 A.1110.2.200.500 Office Equip, Fax Machine 350.00 A.1110.4.100.100 Office Supplies/Stationary 750.00 A.1110.4.500.200 Court Reporters 2,050.00 A.1110.4.600.200 Meetings & Seminars 107.00 A.1110.4.600.300 Travel-FI Justice 1,000.00 A.1110.4.600.700 Jury Meals 417.00 A.1990.4.100.100 Unallocated Contingencies 23,554.24 ? Vote Record - Resolution RES-2009-138 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-139 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Records Management 2008 Budget Modification Southold Town Meeting Agenda - February 3, 2009 Page 22 RESOLVEDmodifies the Records that the Town Board of the Town of Southold hereby Management 2008 budget as follows: From: A.1460.1.200.100 Records Management Part-Time Employees $ 155.67 To: A.1460.1.100.100 Records Management $ 155.67 Full-time Employees ? Vote Record - Resolution RES-2009-139 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-140 CATEGORY: Budget Modification DEPARTMENT: Highway Department Modify the Highway Department 2008 Budget Fiscal Impact: The reason(s) for the transfer(s) is that it has been necessitated in order to prevent end-of-year under- funding of several line items. RESOLVEDmodifies the Highway that the Town Board of the Town of Southold hereby Department 2008 budget as follows: To: DB.9901.9.000.000 Transfers to Other Funds Transfers Undesignated Transfers to Health Plan $ 4,541.07 From: DB.9730.7.000.000 Bond Anticipation Notes Interest Undesignated Transfers to Health Plan $4,541.07 Southold Town Meeting Agenda - February 3, 2009 Page 23 ? Vote Record - Resolution RES-2009-140 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-141 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Grant Permission to Superintendent of Highways, Peter W. Harris to Attend the New York Highway Departments Advocacy Day in Albany, New York on March 10 and 11, 2009 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Superintendent of Highways, Peter W. Harris to attend the New York Highway thth Departments Advocacy Day in Albany, New York on March 10 and 11, 2009 for the purpose of meeting with New York State elected officials in order to lobby for restoration of much-needed funding to the Consolidated Highway Improvement Fund (CHIPS) in the 2009- 2010 State Budget. All expenses for registration, travel and lodging to be a legal charge to the 2009 Highway budget (DB.5140.4.600.200 and DB.5140.4.600.300, respectively). ? Vote Record - Resolution RES-2009-141 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-142 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid on CBI Hammers RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of new hammers for the CBI brush Southold Town Meeting Agenda - February 3, 2009 Page 24 grinder at the Town Compost Facility, in accordance with specifications provided by the Solid . Waste Coordinator ? Vote Record - Resolution RES-2009-142 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-143 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 11 Mighty North Fork Triathlon Fiscal Impact: Beneficiaries for this are: Rick Shalvoy's Row for a cure (Breast Cancer Cure Research), Cornell Marine Science Center, and C.A.S.T (Community Action of Southold Town). RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby th Event Power to hold it’s "11 Annual Mighty North Fork Triathlon" , at Cedar Beach Park, Sunday, July 12, 2009 Southold, New York, on using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Wateredge Way Rambler Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control upon notification of the adoption of this resolution. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. An initial fee of $150.00 for traffic control will be due before the event, additional charges to be determined by the Chief of Police after the event. Southold Town Meeting Agenda - February 3, 2009 Page 25 ? Vote Record - Resolution RES-2009-143 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-144 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Attorney Budget Modificaiton RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 budget as follows for the purpose of covering an unfunded salary increase, additional hours worked, and paying outstanding legal invoices: TO: A.1420.1.200.100 Town Attorney, Part-Time Regular Earnings $662.50 A.1420.4.500.100 Town Attorney, Legal Counsel $5,088.19 FROM: A.1990.4.100.100 Unallocated Contingencies $5,750.69 ? Vote Record - Resolution RES-2009-144 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-145 CATEGORY: Budget Modification DEPARTMENT: Supervisor 2008 Budget Modification - Supervisor Fiscal Impact: Please consider the following budget modification to correct under-appropriated funds for (a) hiring a replacement for a sick confidential employee, (b) payment of accrued sick leave in accordance with the Administrative Employee Handbook and (c) seasonal employee funded as a part-time employee: Southold Town Meeting Agenda - February 3, 2009 Page 26 RESOLVED modifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2008 Budget as follows: To: A.1220.1.100.100 Regular Earnings/Full Time Employees $1,702.71 A.1220.1.100.400 Sick Earnings/Full Time Employees 4,819.04 A.1220.1.300.100 Regular Earnings/Seasonal Employees 1,764.50 A.1220.1.300.200 Overtime Earnings/Seasonal Employees 17.54 $8,303.79 From: A.1220.1.200.100 Regular Earnings/Part time Employees $4,568.24 A.1220.4.500.100 Fee for Service/Grants Administration 3,735.55 $8,303.79 ? Vote Record - Resolution RES-2009-145 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-146 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To balance budget lines for the fiscal year 2008 RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3120.4.600.200 Police Training $30.00 To: A.3130.4.600.200 Meetings & Seminars $30.00 Southold Town Meeting Agenda - February 3, 2009 Page 27 ? Vote Record - Resolution RES-2009-146 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-147 CATEGORY: Budget Modification DEPARTMENT: Planning Board Modify the 2008 Planning Department Part-Town Budget Fiscal Impact: “Travel for Planning Board member from Fishers Island to the monthly meeting of the Planning Board was more costly than projected, and the cost of a maintenance contract for recording machinery also increased. A late invoice for 2008 environmental consulting was not included in a recent budget modification. There were larger than expected costs in the environmental consulting line, however those costs were almost entirely reimbursed for 2008.” RESOLVEDmodifies the 2008 Planning that the Town Board of the Town of Southold hereby Department Part-Town budget as follows: FROM: B 8020 4 600 200 Meetings & Seminars $1,035 TO: B 8020 4 600 300 Travel & Reimbursement $856 B 8020 4 500 300 Environmental Consultant $173 B 8020 4 400 600 Equip. Mtce & Repair $ 5 B 8020 1 200 100 Regular Earnings $ 1 ? Vote Record - Resolution RES-2009-147 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-148 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - February 3, 2009 Page 28 Final 2008 SWMD Budget Mods RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Full-Time Employees, Regular Earnings (SR 8160.1.100.100) $ 4,047.25 Soaps and Degreasers (SR 8160.4.100.325) $ 40.94 To: Full-Time Employees, Overtime (SR 8160.1.100.200) $ 4,047.25 Employee Work Gear (SR 8160.4.100.120) $ 25.46 Maintenance, F-350 PickUp (SR 8160.4.100.622) $ 15.48 ? Vote Record - Resolution RES-2009-148 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-149 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2008 SWMD Deficit Fund RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Diesel Fuel (SR 8160.4.100.200) $ 11,799.78 To: Funded Deficit (SR 1989.4.600.100) $ 11,799.78 Southold Town Meeting Agenda - February 3, 2009 Page 29 ? Vote Record - Resolution RES-2009-149 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-150 CATEGORY: Budget Modification DEPARTMENT: Accounting 2008 Budget Modification-Building Dept RESOLVEDmodifies the Building that the Town Board of the Town of Southold hereby Department’s 2008 budget in the General Fund Part Fund as follows: From: B.1990.4.100.100 Unallocated Contingencies $20,270 B.3620.1.100.200 Full-Time Overtime Earnings 9,200 B.3620.2.100.200 Desks 400 B.3620.2.100.300 Chairs 450 B.3620.2.200.300 Filing Equipment 1,000 B.3620.4.100.100 Office Supplies 200 B.3620.4.100.150 Preprinted Forms 270 B.3620.4.200.100 Cellular Telephone 470 B.3620.4.400.600 Equipment Maintenance & Repairs 1,000 B.3620.4.600.100 Radio Airtime 170 B.3620.4.600.200 Meetings & Seminars 250 B.3620.4.600.300 Travel 260 B.3620.4.600.600 Dues & Subscriptions 350 To: B.3620.1.100.100 Full-Time Regular Earnings $18,580 B.3620.1.100.300 Full-Time Vacation Earnings 6,850 B.3620.1.100.400 Full-Time Sick Earnings 7,760 B.3620.1.200.100 Part-Time Regular Earnings 1,100 Southold Town Meeting Agenda - February 3, 2009 Page 30 ? Vote Record - Resolution RES-2009-150 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-151 CATEGORY: Organizational DEPARTMENT: Town Attorney Establish Division of Natural Resources WHEREAS the Town Board of the Town of Southold strives to further the goal of management and conservation of the precious natural resources of the Town, and it is therefore RESOLVEDestablishes a Division of Natural that the Town Board hereby Resources, within the Planning Department , and it is further RESOLVED that the goal of the Division of Natural Resources is to assist every level of Town government with the management and protection of the Town's natural resources and achieve a greater level of inter-governmental cooperation and cohesiveness regarding key natural resource management issues to better serve the citizens of Southold; and it is further RESOLVED that the Division of Natural Resources shall operate in conformance with the guidelines set forth in the document entitled "Recommendations on the Formation and Structure of The Town of Southold Division of Environment and Natural Resources", and is further RESOLVED that all departments of the Town shall consult with the Division of Natural Resources on natural resource issues before them, in accordance with the procedures to be established by the Division; and it is further RESOLVEDMark Terry and Scott Hilary to the that the Town Board appoints Division of Natural Resources, within the Planning Department. Southold Town Meeting Agenda - February 3, 2009 Page 31 ? Vote Record - Resolution RES-2009-151 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-152 CATEGORY: Recommendations DEPARTMENT: Town Attorney NF Trails Scenic Byways RESOLVEDaccepts the final report that the Town Board of the Town of Southold hereby entitled, “North Fork Trails Scenic Byways, Inventory, Assessment and Conception” prepared by the RBA Group, dated December 2008, and be it further RESOLVEDauthorizes the completion that the Town Board of the Town of Southold hereby of Phase II, New York State Scenic Byways Project Agreement, total cash outlay not to exceed $9,000.00. ? Vote Record - Resolution RES-2009-152 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-153 CATEGORY: Litigation DEPARTMENT: Town Attorney Settlement of Action - Wells/Hasel RESOLVEDauthorizes the settlement that the Town Board of the Town of Southold hereby of the action entitled, “Town of Southold and Island Group Administration v. Randy Wells, Theresa Wells, and Rachel Wells, Ronald Hasel and Mary Hasel , all in accordance with the Town Attorney’s approval. Southold Town Meeting Agenda - February 3, 2009 Page 32 ? Vote Record - Resolution RES-2009-153 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-154 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration in Connection with Project No. 3-36-0029-16-09 for Runway Crack Repairs at Elizabeth Field Airport, Fishers Island, New York RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with Project No. 3-36-0029-16-09 for runway crack repairs at Elizabeth Field Airport, Fishers Island, New York , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-154 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-155 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Wireless Communications Facilities SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Wireless Communications Facilities” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Southold Town Meeting Agenda - February 3, 2009 Page 33 Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated February 2, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2009-155 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-156 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 4 of 2009 Wireless WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 20 day of January, 2009 a Local Law entitled Relation to Wireless Communications Facilities” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in Relation to Wireless Communications Facilities“ Local Law entitled, to read as follows: LOCAL LAW NO. 4 OF 2009 “A Local Law in Relation to Wireless Communications Facilities” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - February 3, 2009 Page 34 Article XVII entitled “Wireless Communications Facilities” is hereby repealed in its entirety and replaced as follows: §280-67. Purpose A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold’scitizens and allowing wireless service providers to meet their technological and service objectives. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: a. Site wireless facilities in these preferred locations: i. Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points; ii. Industrial areas; b. Take into account the aesthetic aspects of the Town, including open vistas, scenic byways and historic districts, when designing and siting wireless communication facilities. §280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. §280-69. Definitions As used in this article, the following terms shall have the meanings set forth below: ANTENNA Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE Any structure that is designed and constructed primarily Southold Town Meeting Agenda - February 3, 2009 Page 35 for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers and monopoles. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE EQUIPMENT Ground-mounted equipment integral to the operation of an antenna system. Base equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER An enclosed structure at the base of the mount within which is housed the base equipment for a wireless communications facility. FALL ZONE The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. \GUYED ANTENNA SUPPORT STRUCTURE An antenna support structure that is supported, in whole or in part, by guy wire and ground anchors. HEIGHT When referring to a tower or other antenna support structure, the distance measured from the average preexisting grade level within a radius of 300’ to the highest point on the tower or structure, including antennas, lightening protection devices or any other apparatus attached to the top of the tower or antenna support structure. LATTICE ANTENNA SUPPORT STRUCTURE An antenna support structure that has open- framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor. Southold Town Meeting Agenda - February 3, 2009 Page 36 A. MAJOR MODIFICATION - Improvements to existing wireless telecommunications facility or antenna support structure that result in a substantial change to the facility or structure. Major modifications include, but are not limited to, (1) Extending the height of the antenna support structure by more than 5 feet above its current height; (2) Replacement of the structure; (3) Expansion of the base equipment or compound area beyond ten percent of the current floor area. (4) Addition of antennas to an existing carrier’s antenna array (5) Co-location B. MINOR MODIFICATION - Improvements to existing wireless telecommunications facility or antenna support structure, that result in a material change to the facility or structure but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing antenna support structure upon which they are currently located. MONOPOLE A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED - Mounted on the roof of a building. B. SIDE-MOUNTED - Mounted on the side of a building. C. STRUCTURE-MOUNTED - Mounted on a structure other than a building. D. FLUSH-MOUNTED - Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. Southold Town Meeting Agenda - February 3, 2009 Page 37 ORDINARY MAINTENANCE - Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility without adding, removing, or changing anything and therefore does not include minor and major modifications. RADIO FREQUENCY (RF) PROFESSIONAL A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) EMISSIONS or RADIATION The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) SIGNAL The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER - A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY - Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary moveable facilities (i.e. wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), and paging service. 280-70. Applicability, permitted uses § A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, except in cases of ordinary maintenance, as defined in §280-69. C. Building Permit Required: A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval if it conforms to the following: (1) Minor modifications (defined in 280-69); or Southold Town Meeting Agenda - February 3, 2009 Page 38 (2) Design standards for permitted use in §280-72, as applicable to specifications in (3) below; and (3) Location and design: i. New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts; or ii. Major modification, including co-location, on an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior. D. Site Plan Approval Required: A wireless communication facility is a permitted use requiring a building permit and site plan approval if it conforms to the following: (1) Design Standards for Permitted use as applicable to specifications in (2) below. (2) Location and design: i. New wireless facility that is roof or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII zoning districts; or ii. Major modification, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII zoning districts and causing a visible change to the exterior. E. All other wireless communication facilities, major modifications, and co-locations require a building permit, site plan approval, and a special exception approval by the Planning Board. 280-71. General requirements for all wireless communication facilities § A. No new antenna support structures may be constructed without a carrier licensed by the FCC as co-applicant. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. B. Guyed or lattice antenna support structures are prohibited C. Antenna support structures shall not be located in the following areas: (1) Wetlands, tidal and freshwater; (2) Land above high groundwater (within ten feet of the surface). (3) Within 500’ of residences; Southold Town Meeting Agenda - February 3, 2009 Page 39 (4) Lands purchased with Community Preservation Funds; (5) Coastal Erosion Hazard Areas; (6) Designated parkland. D. Antenna support structures may not exceed 80 feet in height. E. Antenna support structures may not be located within 500’ of residences F. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base equipment shelter. G. Antenna support structures shall not constitute an obstruction or hazard to air navigation. H. Antenna support structures are allowed in the following zoning districts: LI, LIO, MI, MII, B, and HB, with the following restrictions: (1) Minimum lot size i. LI, LIO, B & HB - in accordance with the bulk schedule for each zone ii. MI & MII - five acres I. Antenna support structures are not allowed in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, except under the following conditions (these are in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: five contiguous acres of vacant land restricted from future residential development by deed ; and (2) Maximum height: 45’; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) Structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Section 280-77 (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Southold Town Meeting Agenda - February 3, 2009 Page 40 J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co- located with an existing facility, or is designed for future expansion or co- location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. 280-72. Design standards for permitted uses § (these are in addition to the General Requirements listed above) a. Fall-zones. An antenna support structure must include an area surrounding it that is free of other structures and uses, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall-zone may be allowed if supported by a report submitted by a qualified structural engineer, and corroborated by an independent consultant hired by the Town, that demonstrates that a smaller fall zone is safe. Southold Town Meeting Agenda - February 3, 2009 Page 41 b. Major modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. The base equipment area is expanded by no more than 10% of its existing floor area, and is entirely screened from view from any public or residential vantage points, including all roads, yards, and commercial buildings the public enters. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted. c. Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature on to an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require a special exception. d. Roof-mounted facilities shall conform to the following requirements: i. Visual impact minimized to the greatest extent possible; ii. Height limited to no more than 10 feet above the highest point of the building e. Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the façade or background materials of the structure. f. Co-locations shall not extend the height of the structure more than ten feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first ten feet shall require special exception review and approval. g. Base equipment i. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or ii. Located in an underground vault, with any above-ground components screened from view with evergreen planting; or iii. Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting. Southold Town Meeting Agenda - February 3, 2009 Page 42 iv. Noise from base equipment, including any backup generator, measures less than 45dB at the nearest property lines of all adjacent residences. §280-73. Special exception approval. A. Authority. For the purposes of this section, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. This supercedes Article XXV in that the Planning Board is the reviewing board in place of the Zoning Board of Appeals for wireless communication facilities that require Special Exception approval. The remainder of Article XXV remains in effect and shall apply to the Planning Board’s consideration of a special exception approval for wireless communication facilities, together with the additional standards and requirements in this section. B. Standards. In addition to the standards in Article XXV of this Code, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) The applicant is a public utility duly authorized to provide service in the Town of Southold. The proposed carrier shall be identified as the applicant or co-applicant. (2) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (3) The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally-owned land or structures, or within or on existing buildings or structures. (4) The facility conforms with applicable regulations of the FCC, FAA and other authorities having jurisdiction. (5) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of this Code, the Planning Board shall give consideration to the following in issuing a special approval for wireless communication facilities: (1) The proposed structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. Southold Town Meeting Agenda - February 3, 2009 Page 43 (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. Conditions. The Planning Board shall consider the following in establishing conditions on the issuance of the special exception approval: (1) In reviewing special exception approval applications required by this section the Planning Board shall consider the Town's policy as stated in this article. (2) In approving a special exception the Planning Board may waive or reduce the criteria in this article, to the extent specified below, if the Planning Board concludes that the goals and stated purposes of this law are better served, and that doing so will have no detrimental effect on adjacent properties or on the public health, safety and welfare, and thereby: (a) Minimize proximity of the tower to residential structures or historic landmarks listed by federal, state or Town agencies. (b) Modify the planting of surrounding tree coverage and foliage to account for existing vegetation and land contours, but only to the extent that the existing vegetation achieves the purpose of concealing the structure. (c) Modify the design of the tower, with particular reference to design characteristics that reduce or eliminate visual obtrusiveness. (3) At the request of the Building Inspectors, which shall be no more frequently than annually, the provider shall have each wireless communication facility inspected Southold Town Meeting Agenda - February 3, 2009 Page 44 at its own expense, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. Radio emission inspections shall be performed by a qualified person specializing in radio frequency engineering with expertise in radio communication facilities. The radio emission report shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of collocated antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits stated within the applicable FCC or ANSI standards or other applicable state or federal guidelines in effect, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Building Inspector that the power density levels of the electromagnetic energy to be generated are below the applicable standards. Additionally, at the request of the building inspector, which shall be no more frequently than every three years, the provider shall provide a structural inspection report prepared by a structural engineer. (4) Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. §280-74. Application requirements A. Fees. The following fees are in place of those required in other sections of the code. a. Building Permit Application Fees i. Minor modification $250 ii. Major modification $500 iii. New facility $750 b. Site Plan Application Fees i. Major modification. $1000 Southold Town Meeting Agenda - February 3, 2009 Page 45 ii. New facility $2000 c. Special Exception Application Fee $1000 d. Review by independent consultants. In all cases where the Town determines that a review of an application by a qualified expert is warranted, the applicant shall bear the reasonable cost associated with such review, which cost will be assessed as an additional application fee. This payment shall be made to the Town prior to the review commencing and the decision being rendered on the application. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultants’ report prior to any decisions being made. B. Building Permit Application The following application requirements are in addition to those required in §144-8 C. (1) Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-71 J. (1)-(5). (2) Written documentation as to the facility’s structural compliance with local, State and Federal Codes. (3) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (4) Report from Planning Department on compliance with the General Requirements, Design Standards for Permitted Use, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted. C. Site Plan Application The following application requirements are in addition to those required in §280-133. a. Seven copies of items A.1-3 listed above for the Building Permit Application b. Aeronautical study or appropriate consultant’s report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. c. Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from all residential and public vantage points. Southold Town Meeting Agenda - February 3, 2009 Page 46 d. Adjacent land uses, structures and zoning within 500 feet. e. The location in latitude and longitude, type and height of the wireless communication facility. f. A list of other carriers already located on the facility with the number and type of antennas for each, and the capacity of each carrier at that location, including the proposed. g. Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of each carrier already located on the facility, including the proposed. h. A photo of the facility, if already existing. i. Location of landmarks listed by federal, state or Town agencies within 300 feet. j. Distances between the proposed facility and the following: i. the nearest residential structure, ii. the nearest property line with a residential use, iii. all other structures. iv. Roads, rights of way, driveways k. Fall-zone radius and distance l. Proposed means of access m. Elevation drawings with dimensions clearly indicated, including diameter of the structure at its widest and narrowest, and the tallest point including antennas or lightening protection. n. Other information deemed by the Planning Board to be necessary to assess compliance with this law. D. Special Exception Application To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV: (1) Each application shall include a. One copies of the building permit application Southold Town Meeting Agenda - February 3, 2009 Page 47 b. Once copy of the site plan application c. Each application shall include a written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. d. Other information deemed by the Planning Board to be necessary to assess compliance with this law. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users (3) Each application shall include a plan which shall reference all existing wireless communication facility locations in the Town of Southold, any such facilities in the abutting towns which provide service to areas within the Town of Southold, any changes proposed within the following twelve-month period, including the applicant's plans for new locations and the discontinuance or relocation of existing wireless facilities. Alternatively, at the beginning of the year the applicant may submit an annual wireless communication facility plan containing the aforementioned information for the calendar year. (4) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants’ qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (5) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (6) A power density analysis of the radio emissions for the proposed wireless communication facility. The power density analysis shall be prepared and signed Southold Town Meeting Agenda - February 3, 2009 Page 48 by a qualified professional specializing in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the Maximum Permissible Exposure (MPE) limits established by the FCC which are in effect at the time of the application. The power density analysis must be based on the most recent edition of FCC Office Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum transmitter power rating specified by the manufacturer. (7) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the Applicant based on the Applicant’s documented coverage and reliability needs. (8) A “gap map” prepared and signed by a qualified radio frequency engineer and overlaid on an “existing coverage” background propagation map demonstrating the area(s) within which the applicant’s existing service is not adequate. In addition, a search ring shall depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (9) The applicant must also explain to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, and the extent to which the applicant has explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunication providers concerning collocation is part of this requirement. The applicant shall also provide evidence supporting the existence of Southold Town Meeting Agenda - February 3, 2009 Page 49 inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to §170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. §280-76. Site design standards. The following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: A. Camouflage on buildings. Wireless antennas, if mounted on a building façade, shall be flush mounted and painted or otherwise treated to blend with the façade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. B. Setbacks. Towers and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. C. Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in Southold Town Meeting Agenda - February 3, 2009 Page 50 accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. D. Base equipment shelter. Equipment accessory to the wireless communication facility may be located within an existing building or in an underground vault. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. The shelter and associated fencing must be entirely screened from view by evergreen plantings. The new plantings must be of sufficient size to accomplish the screening within six months. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. E. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully-shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. F. Access. Access to wireless facilities shall be from already established site access points whenever possible. G. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. H. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. I. Co-location. Wireless communication facilities shall be designed to provide for co- location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Southold Town Meeting Agenda - February 3, 2009 Page 51 §280-77. Appearance and visual impacts on character of community A. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings, must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300’ of a scenic road, as designated by the Town, shall not be taller than ten feet above the height of trees within a 300’ radius of the proposed location, or 35’ maximum in the absence of trees. B. Base landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. C. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color, or be colored appropriate to the context of the structure’s location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. D. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. E. Camouflage by vegetation for residential screening. Where the site proposed for a freestanding tower structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10’ above screening buildings and/or trees. In the absence of existing large trees or buildings to provide camouflage, the height of the proposed structure may be no more than 35’, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, Southold Town Meeting Agenda - February 3, 2009 Page 52 and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced thirty-feet on center. The trees must have an expected height at maturity of 10’ less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. A written guarantee from the wireless facility’s owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. F. Alternate screening. The location of a cellular wireless communication facility on an existing water tower, silo or equivalent vertical structure, including an existing cellular, radio or television tower, is permitted without the need to meet the conditions in Subsections A, B, C and D above, provided that the height of the existing structure is not increased as a result of the attachment of the cellular structure. A decorative disguising structure such as a clock tower may also be approved as an alternative to the conditions in Subsections A, B, C and D at the discretion of the Planning Board. If the height of the existing structure is to be increased by the attachment of the new structure, all of the conditions herein shall apply as to a new freestanding structure. G. Commercial and industrial siting. Towers to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the tower. H. Commercial districts. Towers to be sited on undeveloped properties in the commercial districts shall apply the standards of the condition in § 280-72C herein to all property lines, including the streetline, except that a driveway shall be permitted to gain access to the facility for maintenance personnel and equipment. I. Federal Aviation Regulations. All towers shall comply with applicable airport hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. §280-78. Removal. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time the owner of the wireless communication facility shall remove same within 90 days of such deemed abandonment. In the case of a wireless communication facility on preexisting structures, this provision Southold Town Meeting Agenda - February 3, 2009 Page 53 shall apply to the wireless communication facility only. If the wireless communication facility is not removed within the said 90 days, the Building Inspectors may, with the approval of the Town Board, give the owner notice that unless the removal is accomplished in 30 days, the Town will cause the removal at the owner's expense. The grant of a site plan approval under this article shall include requiring the applicant to post a decommissioning bond and irrevocable permission to the Town to accomplish removal of the wireless communication facility under this article. §280-79. Nonconforming uses. Preexisting telecommunication towers shall be allowed to continue their usage as they presently exist. New construction, other than maintenance on a preexisting tower, shall comply with the requirements of this article. §280-80. [Reserved]. §280-81. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §280-82. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2009-156 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Bombara CEA Hearing 1/20/09 9:00 Am History: 01/20/09 Town Board ADJOURNED Next: 02/03/09 2. February 3, 2009 at 4:35 PM to Hold a Public Hearing on the Proposed Local Law Entitled “A Local Law in Relation to Wireless Communications Facilities“ Southold Town Meeting Agenda - February 3, 2009 Page 54 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * *