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.
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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
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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
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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
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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
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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.
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§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,
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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
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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.
* * * * *