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HomeMy WebLinkAboutTB-02/24/2009 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 24, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 24, 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on February 24, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Absent I. Reports 1. ZBA Annual & Monthly Report 2008 Annual Report January 2009 Report 2. Island Group - Claim Lag Report 2/1/08 - 1/31/09 Claims 3. Town Clerk Monthly Report January 2009 February 24, 2009 Page 2 Minutes Southold Town Board Meeting 4. Disabled Recreation Program January 2009 5. Trustees Monthly Report January 2009 6. Judge Bruer Monthly Report January 2009 7. Judge Price January 2009 8. Judge Evans January 2009 II. Public Notices 1. Notice of Applying for On-Site Liquor License North Fork Asian Corp., 110 Front St., Greenport 2. Liquor License Renewal with NYS Liquor Authority East End Vineyards, LLC d/b/a Clovis Point, 35 Cox Neck Rd., Mattituck for Special Farm Winery License Hay Harbor Club, Inc., 1 Fox Ave., Fishers Island Pellegrini Vineyards, 23005 Main Rd., Cutchogue, Farm Winery License Willowmere Inn Ltd., 730 Main Bayview Rd., Southold III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman - Update on Budget - Elected and Appointed officials’ health insurance buy-out and coverage 2. 9:30 A.M. - Heather Lanza Wireless Communications 3. 9:45 A.M. - Heather Lanza Inter-municipal Agreement, S. C. Planning Commission Referral Process per Supervisor Russell February 24, 2009 Page 3 Minutes Southold Town Board Meeting 4. 10:00 A.M. - Lloyd Reisenberg SC Multi-Jurisdictional Multi-Hazard Mitigation Plan 5. 10:15 A.M. - Lloyd Reisenberg Cell Phones per Councilman Orlando 6. 10:20 A.M. - Lloyd Reisenberg InVision Wireless Auditing Services 7. 10:45 A. M. - Jeff Standish 2009 Southold Town Deer Management Survey Results 8. 11:00 A.M. - Thomas Neely East End Rail-Bus Study 9. 11:30 A. M. - Melissa Spiro - CPF Management & Stewardship Plan - Land Preservation Year End Report 10. 12:00 Noon - John Sepenoski Stewardship Plans & Procedures 11. Appointments - Planning Board - Zoning Board of Appeals 12. Docks on the Bay 13. LWRP Chair 14. Extension of SCWA Main 15. Cox Lane & Route 48 Intersection Recommendation from Transportation Commission Pledge to the Flag SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. What I am going to do is anyone that wants to address the Town Board on any of the issues that appear on the agenda. I know there is a lot of people that are here for the first time. Generally what we do is we take comment on the items that are on the agenda, then when we are done with the business of the agenda, we will open up the floor and you can comment on any issue. Benja? February 24, 2009 Page 4 Minutes Southold Town Board Meeting Opening Statements Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Scott. Town Board. I am Benja Schwartz for Cutchogue. From Cutchogue, excuse me. Tonight on the agenda we have three important, excuse me, let me start again. Tonight there are three important appointments on the agenda. At the Town Board work session this morning, the public discussion ended by a vote to go into executive session to continue to discuss who to appoint tonight. before the meeting was closed to the public, a revealing statement was made by Supervisor Russell. He stated that he was not looking for activist Board members. Supervisor Russell stated Board members should follow the law and not try and make law. The problem with that is, Supervisor Russell, that for quasi judicial boards like the ZBA, the Zoning Board of Appeals and especially the Planning Board, following the law also is supposed to include making law. There are two kinds of law in our legal system, the civil law and the common law. In cases where there is more than one literal way to interpret the civil law, the laws on the books, I want the Board members to interpret the law in the common public interest. I believe that the majority of Southold citizens want board members that are chosen for their readiness, their willingness and their ability to apply the law by taking hard looks at applications and using the authority vested in them to protect the public interest. Not just the individual interest of applicants. The rights of property ownership are subject to rights of other property owners, citizens, and I believe the natural environment has a right to protection. In appropriate cases, I want Board members, I want Board members to deny applications. Condition applications and request modification of applications before approval. Apparently the other three Board members agreed with Supervisor Russell. They didn’t discuss their reasons this morning but all agreed to vote for the candidate that Supervisor Russell nominated. I believe Supervisor Russell nominated candidates for their willingness to neglect their responsibilities to lead as well as follow the law. I am also sure that intelligent Southolders will realize there is a difference between fast talking promises to work together and walking that talk with non- partisan leadership. I hope I am proved wrong but I expect the only way Southold Town government will represent all the people is if we the voters elect a third Democrat this November. Thank you. SUPERVISOR RUSSELL: Benja, let me respond and I know this Board is going to hem and haw because they don’t like me to respond but you are factually incorrect in just about everything you said as usual. The fact is that that discussion on activism was centered on the Zoning Board of Appeals appointment. The Planning Board appointment had already been appointed. And if you remember, I was the one two weeks ago that proposed expanding that Board to include…. MR. SCHWARTZ: Are you going to…. SUPERVISOR RUSSELL: Don’t interrupt me. To include the Planning Board. The members that are currently there and to add new members to represent the more complex community that we have. We have a very difficult community to plan for because of the different needs in Mattituck versus the different needs in Orient. I had proposed expanding the Board, the Planning Board leaving the existing member in place and adding two new members. That was February 24, 2009 Page 5 Minutes Southold Town Board Meeting two weeks ago. Every single member of this Board rejected that idea. But remember, the activist decision was with regard to the Zoning Board of Appeals candidate and to be frank, the candidate I put on the table didn’t get appointed to the Zoning Board of Appeals. They didn’t follow my lead, they put a new name on the table and that is where the consensus led us tonight for the Zoning Board of Appeals. It was with that narrow discussion. Not with the other Boards. And we didn’t do that Planning Board or the chairmanship in executive session, that was done in public session. Executive session was called by a member of the Town Board to discuss the Zoning Board of Appeals appointments. MR. SCHWARTZ: I would just like to add, I hope I am proved wrong. And Supervisor Russell, I am sorry this was directed at you but you happen to be the one making the statement and in reality, the government of the Town of Southold has been inactive for at least the last 40 years. I have been here for a little longer than that and government has a tendency to do as little as possible. I think the times today for more than that. I think we need a proactive stance and I look forward to maybe seeing some of that type of action and a little less me. A little more us. Thank you. SUPERVISOR RUSSELL: I support and endorse your idea of a little less you as well. Would anybody else like address the Town Board on the agenda? MR. SCHWARTZ: Wait a second. Wait a second. SUPERVISOR RUSSELL: I am sorry, Benja. That was an unfair shot. MR. SCHWARTZ: I know you are trying to be funny. SUPERVISOR RUSSELL: I know, Benja. It was an unfair shot. MR. SCHWARTZ: And you know, I can let it, I got a hard head believe me. But Mr. Russell, I am not the only one in this town who should be up here at the mic. And you should be doing everything you can to encourage people to come up here. Not making jokes about them. But it was pretty funny. SUPERVISOR RUSSELL: Thanks. Would anybody else like to address the Town Board on the agenda items? Tom Skabry, President CSEA TOM SKABRY: Tom Skabry, CSEA President. Unfortunately I lost track of what particular resolution because I was working off a pre-agenda from this afternoon. But evidently there is a resolution on the table for tonight dealing with contracting out with work that is currently being done by CSEA, down at the landfill. Can someone please cite me what resolution that is now? COUNCILMAN WICKHAM: I am looking. SUPERVISOR RUSSELL: I can explain what the resolution is for, which is to go out for proposal to determine whether we can save money having the shipping or the trucking of the February 24, 2009 Page 6 Minutes Southold Town Board Meeting Town’s C & D done by a private company. We are in a very critical economic climate and we need to save money wherever we can. They are in the trucking business for a living, we are not. It would be nice if we could get out of the trucking business and save money by doing that. And that is resolution number 165. MR. SKABRY: Thank you. Just for the record, CSEA’s stance on this is that we do not approve of this, however, we were not, input from CSEA was not requested on this particular venue and I think as a matter of fairness it would be appreciated if the Town Board as a whole would take into consideration of at least tabling this until the next Town Board meeting and perhaps we can meet next week, discuss any particular concerns or other cost saving ideas which would not be a detriment to CSEA or its workers. SUPERVISOR RUSSELL: Okay. I would just ask that, this is just a resolution to go out to bid to get some numbers on the table. There is no decision to be made yet, so, I would ask the Board to consider just going out to bid and then get some numbers back and take the discussion from there. this might be a non-starter. There might not be savings. We need to get the facts before we can make decisions. COUNCILMAN WICKHAM: I think that is a good solution but I do think if Tom has information to give to us, we would be happy to take it into consideration, together with the bids. SUPERVISOR RUSSELL: Absolutely. Yeah. Let’s get the numbers to see. Like I said, it might be a no go. COUNCILMAN ORLANDO: Inaudible. SUPERVISOR RUSSELL: And then we will sit down with you, Tom, right away and have a labor management meeting to discuss it. MR. SKABRY: Alright. SUPERVISOR RUSSELL: Okay? MR. SKABRY: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the resolutions? (No response) Okay. Resolutions 2009-160 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 2/24/09 February 24, 2009 Page 7 Minutes Southold Town Board Meeting RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby February 24, 2009. ? Vote Record - Resolution RES-2009-160 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-161 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 3/10/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 10, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-161 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-40 Tabled 1/6/2009 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Planning Board Appointment RESOLVED appoints William Cremers that the Town Board of the Town of Southold hereby as a member to the Planning Board, effective February 24, 2009 thru December 31, 2013. February 24, 2009 Page 8 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-40 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-41 Tabled 1/6/2009 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk Planning Board Chairperson RESOLVED Martin Sidor is hereby that pursuant to Section 272 of the Town Law, designated Chairperson of the Southold Town Planning Board for the term of February 24, 2009 through December 31, 2009; and be it FURTHER RESOLVED that the Chairperson of the Planning Board shall be responsible for furnishing to the Town Board a detailed monthly report of activities within his department; and be it FURTHER RESOLVED that the Chairperson of the Planning Board shall be paid a salary of $2,000.00 per annum, in addition to his regular salary, effective February 24, 2009 through December 31, 2009 and the same shall be paid in regular bi-weekly payments. ? Vote Record - Resolution RES-2009-41 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-42 Tabled 1/6/2009 11:00 AM CATEGORY: Organizational DEPARTMENT: Town Clerk February 24, 2009 Page 9 Minutes Southold Town Board Meeting Zoning Board of Appeals Member RESOLVED appoints Kenneth that the Town Board of the Town of Southold hereby Schneider as a member to the Zoning Board of Appeals, effective February 24, 2009 through December 31, 2013. ? Vote Record - Resolution RES-2009-42 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 21. Statement JUSTICE EVANS: I was just looking, do we have a resolution appointing the chair of the ZBA? TOWN CLERK NEVILLE: That was done in January. SUPERVISOR RUSSELL: But we are going to have to, in the near future, because he was appointed as a holdover not knowing who our choices would be. COUNCILMAN WICKHAM: Should we do it next time? SUPERVISOR RUSSELL: Yeah, we will do it in two weeks. 2009-162 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Request Permission to Send Detective Steven Harned to Annual Training for the US Marshal’s Fugitive Task Force RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Steven Harned to attend the annual training seminar for the US Marshal's Fugitive Task Force in Atlantic City, New Jersey, commencing Monday, May 18 through Friday, May 22, 2009. All expenses for travel, meals and tolls to be a legal charge to the 2009 Police Training budget line - A.3120.4.600.200. February 24, 2009 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-162 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-156 Tabled 2/3/2009 4:30 PM 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: 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 February 24, 2009 Page 11 Minutes Southold Town Board Meeting 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 Title 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 omni directional 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 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. February 24, 2009 Page 12 Minutes Southold Town Board Meeting BASE STATION EQUIPMENT Ground-mounted Equipment integral to the operation of an antenna system. Base station 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 associated with the mount within which is housed the base station 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 wires and ground anchors. HEIGHT When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightening protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of Mean Sea Level (MSL). 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. A. MAJOR MODIFICATION - Improvements Changes 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, February 24, 2009 Page 13 Minutes Southold Town Board Meeting (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 station 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; (6) Re-orientation or relocation of existing antennas; (7) Changes affecting the operating frequencies, effective radiated power or number of operating channels. B. MINOR MODIFICATION - Improvements Changes to existing wireless telecommunications facility or 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, components 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. February 24, 2009 Page 14 Minutes Southold Town Board Meeting 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 February 24, 2009 Page 15 Minutes Southold Town Board Meeting (2) 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 which conforms to the requirements for permitted use in §280-72; or (3) 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, and which conforms to the requirements for permitted use in §280-72. 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) 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 which conforms to the requirements for permitted use in §280-72; or (2) 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, and which conforms to the requirements for permitted use in §280-72. 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; (4) Lands purchased with Community Preservation Funds; (5) Coastal Erosion Hazard Areas; February 24, 2009 Page 16 Minutes Southold Town Board Meeting (6) Designated parkland. D. 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 station equipment. shelter. E. 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. F. Antenna support structures are allowed in the following zoning districts: LI, LIO, MI, MII, B, and HB, with are subject to the following restrictions: (1) Minimum lot size i. LI, LIO, B & HB - in accordance with the bulk schedule for each zone ii. MI & MII - 200,000 sq. ft. (2) Maximum Height: 80 feet G. Antenna support structures are not allowed permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, except under are subject to the following conditions (these are in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: five contiguous acres 200,000 sq. ft. of contiguous vacant land restricted from future residential development by deed for the duration of the property’s use for the wireless facility; 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 76; and (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. February 24, 2009 Page 17 Minutes Southold Town Board Meeting H. 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 on all channels 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. I. At the request of the Building Inspector, which shall be no more frequently than every five years, the provider shall provide a structural inspection report prepared by a structural engineer. 280-72. Design standards for permitted usesRequirements for Permitted Use § (without Special Exception) (these are in addition to the General Requirements listed above) If the following requirements are met, the applicant may proceed without special exception approval: February 24, 2009 Page 18 Minutes Southold Town Board Meeting 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. 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 site plan approval. 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 station equipment i. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or February 24, 2009 Page 19 Minutes Southold Town Board Meeting 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. 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, notwithstanding Article XXV of the Southold Town Code, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. This supersedes 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) 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. (2) 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. (3) 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 Chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The February 24, 2009 Page 20 Minutes Southold Town Board Meeting rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (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. February 24, 2009 Page 21 Minutes Southold Town Board Meeting (3) 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 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 (1) The following application requirements are in addition to those required in §144-8 C. February 24, 2009 Page 22 Minutes Southold Town Board Meeting a. Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-71 J. (1)-(5) H. b. Written documentation as to the facility’s structural compliance with local, State and Federal Codes. c. 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. (2) Report from Planning Department Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with §280-71 General Requirements, §280-72 Requirements 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 to the Building Inspector. C. Site Plan Application The following application requirements are in addition to those required in §280-133. a. Seven copies of items a-c listed above at §280-74B(1) 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 residential and public vantage points to be determined by the Planning Board. 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 height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, 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 facility. February 24, 2009 Page 23 Minutes Southold Town Board Meeting 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 or width 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 copyies of the building permit application 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- February 24, 2009 Page 24 Minutes Southold Town Board Meeting 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 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 February 24, 2009 Page 25 Minutes Southold Town Board Meeting 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)(6) 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)(7) 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)(8) 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 facility 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 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. February 24, 2009 Page 26 Minutes Southold Town Board Meeting 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. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, 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 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. February 24, 2009 Page 27 Minutes Southold Town Board Meeting 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. §280-77. Appearance and visual impacts on character of community A.J. 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.K. 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 February 24, 2009 Page 28 Minutes Southold Town Board Meeting 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.L. 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.M. 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.N. Camouflage by vegetation for residential screening. Antenna support structures in or adjacent to residential zones. Where the site proposed for an freestanding tower antenna support 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 an adequate arrangement of existing large trees or buildings to provide camouflage effective screening, 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, 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 at least 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. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. 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. February 24, 2009 Page 29 Minutes Southold Town Board Meeting G.O. 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. §280-78 77. 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 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. §280-7978. Nonconforming uses. Preexisting telecommunication towers shall be allowed to continue their usage as they presently exist. New construction, other than maintenance on a preexisting facility, shall comply with the requirements of this article. §280-8079. [Reserved]. §280-81 80. 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 81. 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 Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 30 Minutes Southold Town Board Meeting 2009-163 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase FIFD Raymond Lefevre, Purser WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their February 3, 2009 to increase the salary of Raymond Lefevre , Purser, to $15.00 per hour effective February 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Raymond Leferve, Purser, Fishers Island Ferry District to the rate of $15.00 per hour. This will be effective February 1, 2009. ? Vote Record - Resolution RES-2009-163 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-164 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - 2009 Risk Retention RESOLVEDmodifies the 2009 Risk that the Town Board of the Town of Southold hereby Retention Fund budget as follows: From: CS.1910.4.300.600 Umbrella $ 25,000 February 24, 2009 Page 31 Minutes Southold Town Board Meeting To: CS.1910.4.300.100 Commercial Package $ 25,000 ? Vote Record - Resolution RES-2009-164 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-165 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Trucking Bids RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the trucking of construction and demolition debris (C&D) and recyclables from the Cutchogue Transfer Station according to specifications to be provided by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2009-165 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-166 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD 2008 Budget Mod RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: February 24, 2009 Page 32 Minutes Southold Town Board Meeting SR 8160.4.100.650 (Town Garbage Bags) $ 2,600.00 To: SR 8160.4.200.200 (Light and Power) $ 2,600.00 ? Vote Record - Resolution RES-2009-166 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-167 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to Administrative Employee RESOLVEDgrants a 12 week leave of that the Town Board of the Town of Southold hereby absence under the FMLA (the Family and Medical Leave Act) to an Administrative employee # 7670, effective January 23, 2009. ? Vote Record - Resolution RES-2009-167 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-168 CATEGORY: Employment - Town DEPARTMENT: Accounting Approval Transfer of PSD Tanya Newman RESOLVEDgrants approval to transfer that the Town Board of the Town of Southold hereby Tanya Newman, Public Safety Dispatcher I, from the Town of Riverhead’s employ to the Town of Southold’s employ, at a salary of $47,713.36 (step 1), effective March 1, 2009. February 24, 2009 Page 33 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-168 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-169 CATEGORY: Surplus Equipment DEPARTMENT: Solid Waste Management District Solid Waste District Surplus Equipment RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment from the Solid Waste Management District to be surplus equipment: One (1) Bobcat Lawnmower, c. 1984; one (1) Oliver farm tractor; one (1) 1996 Ford F-150 Pick-up Truck; one (1) 2000 Mercury Grand Marquis automobile; one (1) Mobil Road Sweeper, c. 1980; one (1) 1985 STECO 100 cubic yard push-out type trailer, steel bodied; one (1) 1984 Dorsey Cargo Trailer, 45 ft. length; one (1) 1979 Fruehoff Cargo Trailer, 45 ft. length; one (1) 1978 Copco Cargo Trailer, 45 ft. length; one (1) 1975 Gindy Cargo Trailer, 45 ft. length; one (1) 1985 Gehl agricultural mixer wagon; one (1) Oliver farm tractor; one (1) Ag-Bag encapsulator, 1996; two (2) Accurate Industries vertical down-stroke balers; one (1) Hewlett Packard 610 digital color copier. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2009-169 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-170 February 24, 2009 Page 34 Minutes Southold Town Board Meeting CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar - Lanza RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Planning Director, Heather Lanza, to attend the following two seminars , all registration fees to be a legal charge to the 2009 Planning Board budget: Seminar #1: Complete Management Course for Planning Directors Ft. Lauderdale, Florida March 16-17, 2009 Cost: $495.00 Seminar #2: SEQRA Plainview, New York April 21, 2009 Cost: $474.00 ? Vote Record - Resolution RES-2009-170 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-171 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the Suffolk County Board of Elections for Use of the Southold Town Recreation Center as a Polling Place for 2009 and 2010 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the Suffolk County Board of Elections for use of the Southold Town Recreation Center as a Polling Place for 2009 and 2010 , provided they file with the Town Clerk a Certificate of Insurance in the amount of $1,000,000.00, all in accordance with the approval of the Town February 24, 2009 Page 35 Minutes Southold Town Board Meeting Attorney. ? Vote Record - Resolution RES-2009-171 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-172 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Peconic School RESOLVED accepts the proposal of L. that the Town Board of the Town of Southold hereby K. McLean Associates, P.C., to provide Professional Architectural and Engineering services for design documents and bid specification for a geothermal system, including the design drawings, bid and construction documents, for the Peconic School Renovation Project, in the amount of $ 6,500, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-172 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-173 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Accept the Bid of Burt’s Reliable, at a Fixed Transportation Charge of $0.20 Per Gallon Above the Northville Industries Consumer Rack Wholesale Price of Ultra Low Sulfur Diesel, for Supplying the Town of Southold with B20 Bio-Diesel Fuel Blend for the Calendar Year 2009 RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, at a price of $0.20 per gallon above the Northville Industries consumer rack February 24, 2009 Page 36 Minutes Southold Town Board Meeting wholesale price of ultra low sulfur diesel, for supplying the Town of Southold with B20 Bio- Diesel Fuel blend for the calendar year 2009 , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-173 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-174 CATEGORY: Appeals DEPARTMENT: Town Clerk Waive 30 Day Period on Liquor License RESOLVEDwaives the 30 day that the Town Board of the Town of Southold hereby notification period for the renewal of a liquor license to Janina Bienias d/b/a Willowmere Inn Ltd,, 730 Main Bayview Road, Southold, New York. ? Vote Record - Resolution RES-2009-174 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-175 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2009 Recreation programs, all in accordance with the approval of the Town Attorney . Funding for the instructors listed below has been budgeted for in the February 24, 2009 Page 37 Minutes Southold Town Board Meeting recreation department's 2009 instructor line A7020.4.500.420. Lisa Baglivi (watercolor).............................................................. $30/hour Antoinette Beck-Witt (drawing class)........................................... $30/hour Dan Borg (model building)............................................................ $30/hour Sara Bloom (memoir writing)....................................................... $30/hour Thomas Boucher (guitar)............................................................. $30/hour Bernard Cannac (intro to French)................................................ $30/hour Eugenia Cherouski (folk dancing)............................................... $30/hour Doris Coniglio (knitting classes)................................................. $30/hour John Crosser (Youth Basketball Program)……………………. $15/hour Paula Croteau (baking classes)…………………………….……… $30/hour Mary Dempsey (English as a second language).......................... $30/hour Kirk Dombrowski (non-contact karate)…………………….……… $30/hour Lenora Dome (belly dancing).................................................... $30/hour Martha Eagle (Aerobics).............................................................. $30/hour Linda Eckert (sewing)………....................................................... $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Mike Furst (beginner computer)................................................. $30/hour Bill Gatz (Youth Basketball Program)…………………………… $30/hour Dan Gebbia (dog obedience)..................................................… $55/dog Gail Horton (rug hooking)………………..………………….…… $30/hour Rosemary Martilotta (yoga classes)……………………………..... $55/class Judy McCleery (Digital Photography)…………………………… $30/hour Tom McGunnigle (basic golf)………………………………………$50/person Sue Mulholland (bridge lessons)................................................ $30/hour Riverside Gymnastics (youth gymnastics)................................. $50/person Ivan Santiago (non-contact boxing)………………………………. $30/hour Linda Scheer (parenting program)…………………….…………... $30/hour Thomas Shalvey (TIPS program)................................................ $30/hour Laurie Short (aerobics classes)................................................... $30/hour Steve Smith (Weight Training)..................................................... $30/hour Gail Starkie (acrylic painting)....................................................... $30/hour Jocelyn Suglia (Youth Basketball Program)………………….. $30/hour Angela Tondo (Mommy & Me)................................................... $30/hour Barbara Terranova (tennis lessons)............................................. $30/hour Touch Dancing Studios (ballroom dancing)……………………… $65/person ? Vote Record - Resolution RES-2009-175 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 38 Minutes Southold Town Board Meeting 2009-176 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Office Thomas Hudock to Attend the State of New York Juvenile Officers Association Quarterly Meeting RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, March 5 through Friday, March 6, 2009 in Syracuse, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2009 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2009-176 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-177 CATEGORY: Refund DEPARTMENT: Solid Waste Management District Solid Waste Resident Refund RESOLVEDauthorizes a refund to that the Town Board of the Town of Southold hereby by McCarthy Management from the Solid Waste Management District in the amount of $559.20 , due to a duplicate payment made by McCarthy Management on their Solid Waste Tip Fee account. ? Vote Record - Resolution RES-2009-177 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 39 Minutes Southold Town Board Meeting 2009-178 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid - Police RESOLVED accepts the bid of Edward that the Town Board of the Town of Southold hereby Stanley in the amount of $658.00, for a 1997 Ford Crown Victoria , color Tan, VIN 2FALP71WVX150545, in "as is" condition, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-178 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-179 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of FIFD Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their February 17, 2009 to accept the resignations of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDaccepts the resignations that the Town Board of the Town of Southold hereby effective February 10, 2009 of the following: Charles Burgess – PT Ferry Captain Eric Easter – PT Deckhand Brett Eagan – PT Deckhand William Felker – PT Deckhand February 24, 2009 Page 40 Minutes Southold Town Board Meeting Michael Gelman – PT Deckhand Jan-Michael Walker – PT Deckhand James Wright – PT Deckhand ? Vote Record - Resolution RES-2009-179 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-180 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, Request for Reimbursement Form, and Any Other Accompanying Documents Between the Town of Southold and the New York State Environmental Facilities Corporation in Connection with the Filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2009 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2009 for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-180 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 41 Minutes Southold Town Board Meeting 2009-181 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Memorandum of Agreement Between the Town of Southold and the CSEA Dated February 4, 2009 RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement between the Town of Southold and the CSEA dated February 4, 2009 , concerning the settlement of an employee grievance. ? Vote Record - Resolution RES-2009-181 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-182 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Re: Funded Deficit & Truck Repair Fiscal Impact: Needed to cover 2008 deficit and repairs to pickup truck. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.640 (Maint/Supply Trailer Fleet) $ 1,500 SR 8160.4.100.200 (Diesel Fuel) $ 2,600 TOTAL $4,100. To: SR 8160.4.100.625 (Maint/Supply Chevy P/U) $ 1,500 February 24, 2009 Page 42 Minutes Southold Town Board Meeting SR 1989.4.600.100 (Funded Deficit) $ 2,600 TOTAL $4,100. ? Vote Record - Resolution RES-2009-182 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-183 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Payment of Fishers Island Bay Constables as per Town Board resolution RESOLVEDmodifies the 2008 whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.3130.4.100.200 Gasoline and Oil $1,550.00 To: A.3130.4.500.400 FI Bay Constables $1,550.00 ? Vote Record - Resolution RES-2009-183 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-184 CATEGORY: Bond DEPARTMENT: Town Clerk Refunding Bonds 2009 February 24, 2009 Page 43 Minutes Southold Town Board Meeting REFUNDING BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 24, 2009, AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING SERIAL BONDS OF SAID TOWN, STATING THE PLAN OF REFUNDING, APPROPRIATING AN AMOUNT NOT TO EXCEED $3,000,000 FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,000,000 REFUNDING BONDS TO FINANCE SAID APPROPRIATION, AND MAKING CERTAIN OTHER DETERMINATIONS RELATIVE THERETO. Recitals WHEREAS, the Town of Southold, in the County of Suffolk, New York (herein called the “Town”), has heretofore issued on May 19, 1998 its $2,000,000 Agricultural Land Preservation Serial Bonds-1998 (the “1998 Bonds”), which are currently outstanding in the principal amount of $1,120,000 (the “Outstanding 1998 Bonds”), which shall mature on May 1 in each of the years and in the principal amounts and bear interest payable semiannually on May 1 and November 1 in each year to maturity, as follows: Year of Principal Interest Rate Maturity Amount 2009 $100,000 4.85% 2010 100,000 4.85 2011 110,000 4.85 2012 110,000 4.85 2013 110,000 4.85 2014 110,000 4-7/8 2015 120,000 4-7/8 2016 120,000 4-7/8 2017 $120,000 4-7/8% 2018 120,000 4-7/8 WHEREAS, the 1998 Bonds maturing on or after May 1, 2009 are subject to redemption prior to maturity, at the option of the Town, on May 1, 2008 and thereafter on any date, in whole or in part, in inverse order or maturity or in equal proportionate amounts (selected by lot within a maturity), at the following redemption prices, plus accrued interest to the date of February 24, 2009 Page 44 Minutes Southold Town Board Meeting redemption: Redemption Dates (all dates inclusive) Redemption Prices (Percentages of Principal Amount) May 1, 2008 to April 30, 2009 102% May 1, 2009 to April 30, 2010 101 May 1, 2010 and thereafter 100 WHEREAS, on May 18, 1999 the Town issued its $1,900,000 Open Space Preservation Serial Bonds-1999 (the “1999 Bonds”), which are currently outstanding in the principal amount of $1,160,000 (the “Outstanding 1999 Bonds” and together with the 1998 Outstanding Bonds, the “Outstanding Bonds”), which shall mature on May 1 in each of the years and in the principal amounts and bear interest payable semiannually on May 1 and November 1 in each year to maturity, as follows: Year of Principal Interest Rate Maturity Amount 2009 $ 90,000 4.70% 2010 90,000 4.70 2011 100,000 4.70 2012 100,000 4.70 2013 100,000 4.70 2014 110,000 4.70 2015 110,000 4.70 2016 110,000 4.70 2017 110,000 4.70 2018 120,000 4.70 2019 120,000 4.70 WHEREAS, the 1999 Bonds maturing on or after May 1, 2010 are subject to redemption prior to maturity, at the option of the Town, on May 1, 2009 and thereafter on any date, in whole or in part, and if in part, in inverse order of maturity or in equal proportionate amounts (selected by lot within a maturity), at the following redemption prices, plus accrued interest to the date of redemption, as follows: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) May 1, 2009 to April 30, 2010 102% May 1, 2011 to April 30, 2011 101 May 1, 2012 and thereafter 100 WHEREAS, Section 90.10 of the Local Finance Law, constituting Chapter 33-a February 24, 2009 Page 45 Minutes Southold Town Board Meeting of the Consolidated Laws of the State of New York (herein called the “Law”), permits the Town to refund all or a portion of the outstanding unredeemed maturities of the 1998 Bonds and the 1999 Bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the Town, and the Town Board has determined that it may be advantageous to refund all or a portion of the Outstanding Bonds; NOW, THEREFORE, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, NEW YORK (by the favorable vote of at least two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: (a) “Bond To Be Refunded” or “Bonds To Be Refunded” means all or a portion of the aggregate Outstanding Bonds, as shall be determined in accordance with Section 8 hereof. (b) “Escrow Contract” means the contract to be entered into by and between the Town and the Escrow Holder pursuant to Section 10 hereof. (c) “Escrow Holder” means the bank or trust company designated as such pursuant to Section 10 hereof. (d) “Present Value Savings” means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the agreed upon price including estimated accrued interest. February 24, 2009 Page 46 Minutes Southold Town Board Meeting (e) “Redemption Date” means May 1, 2008, or any date thereafter, with respect to the 1998 Bonds and May 1, 2009 with respect to the 1999 Bonds. (f) “Refunding Bond” or “Refunding Bonds” means all or a portion of the $3,000,000 Refunding Serial Bonds-2009 of the Town of Southold, authorized to be issued pursuant to Section 2 hereof. (g) “Refunding Bond Amount Limitation” means an amount of Refunding Bonds which does not exceed the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on such Bonds To Be Refunded, to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Town Board of the Town (herein called the “Town Board”), hereby authorizes the refunding of the Bonds To Be Refunded, and appropriates an amount not to exceed $3,000,000 to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $3,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the Town to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the Town in the maximum principal amount of $3,000,000 and substantially designated as “REFUNDING SERIAL BONDS-2009”, are hereby authorized to be issued pursuant to the provisions of the Exhibit A Law. The proposed financial plan for the refunding in the form attached hereto as (the “refunding financial plan”) prepared for the Town by Roosevelt & Cross, Incorporated, New York, New York, and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the Town in connection with said refunding from such proceeds and the investment of a portion of such proceeds by the Escrow February 24, 2009 Page 47 Minutes Southold Town Board Meeting Holder in certain obligations. The principal of and interest on such investments, together with the balance of such proceeds to be held uninvested, if any, shall be sufficient to pay (i) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (ii) the principal of and premium on the Bonds To Be Refunded which are to be called for redemption prior to maturity on any such Redemption Date. Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a portion of the Outstanding Bonds issued pursuant to the bond resolutions duly adopted on their respective dates, authorizing the issuance of bonds of the Town for open space and agricultural land preservation. In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount of not to exceed $3,000,000 shall mature in amounts and at dates to be determined. The Supervisor, the chief fiscal officer of the Town, is hereby authorized to approve all details of the refunding financial plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The Refunding Bonds shall mature not later than the maximum period of probable usefulness (“PPU”) permitted by law at the time of original issuance of the Bonds to be Refunded. The maximum period of probable usefulness (“PPU”) of the Bonds to be thirty (30) Refunded is years. Section 5. The aggregate amount of estimated Present Value Savings is set forth Exhibit A in the proposed refunding financial plan attached hereto as , computed in accordance with subdivision two of paragraph b of Section 90.10 of the Law. Said refunding financial plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal amount, and will mature, be of such terms and bear such interest as set forth therein. The Town Board recognizes that the principal amount of the Refunding Bonds, the maturities, terms and interest rates, the provisions, if any, for the redemption thereof prior to maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting present value savings, may vary from such assumptions and that the refunding financial plan Exhibit A may vary from that attached hereto as . Section 6. The Refunding Bonds may be sold at public or private sale and the Supervisor, the chief fiscal officer of the Town, is hereby authorized to execute a purchase contract on behalf of the Town for the sale of said Refunding Bonds, provided that the terms and February 24, 2009 Page 48 Minutes Southold Town Board Meeting conditions of such sale shall be approved by the State Comptroller, and further providing that prior to the issuance of the Refunding Bonds the Supervisor shall have filed with the Town Board a certificate approved by the State Comptroller setting forth the Present Value Savings to the Town resulting from the issuance of the Refunding Bonds. In connection with such sale, the Town authorizes the preparation of an Official Statement and approves its use in connection with such sale, and further consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is distributed. In the event that the Refunding Bonds are sold at public sale pursuant to Section 57.00 of the Law, the President of the Board of Education is hereby authorized and direct to prepare or have prepared a Notice of Sale, a summary of which shall be published at least once in (a) “THE BOND BUYER”, published in the City of New York and (b) the official newspaper(s) of the Town having general circulation within said Town, not less than five (5) nor more than thirty (30) days prior to the date of said sale. A copy of such notice shall be sent not less than eight (8) nor more than thirty (30) days prior to the date of said sale to (1) the State Comptroller, Albany, New York 12236; (2) at least two banks or trust companies having a place of business in the county in which the Town is located, or, if only one bank is located in such County, then to such bank and to at least two banks or trust companies having a place of business in an adjoining county; (3) “THE BOND BUYER”, 1 State Street Plaza, New York, New York 10004; and (4) at least 10 bond dealers. The Supervisor is hereby further authorized and directed to take any and all actions necessary to accomplish said refunding, and to execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered to the Town in connection with said refunding, including the preparation of the refunding financial plan referred to in Section 2 hereof. Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the budget of the Town for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. February 24, 2009 Page 49 Minutes Southold Town Board Meeting Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.10 and 168.00 of the Law, the powers and duties of the Town Board relative to determining the amount of Bonds To Be Refunded, prescribing the terms, form and contents and as to the sale and issuance of the Refunding Bonds, and executing any arbitrage certification relative thereto, and as to executing the Escrow Contract described in Section 10, the Official Statement referred to in Section 6 and any contracts for credit enhancements in connection with the issuance of the Refunding Bonds and any other certificates and agreements, and as to making elections to call in and redeem all or a portion of the Bonds to be Refunded, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 9. The validity of the Refunding Bonds authorized by this resolution may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 10. Prior to the issuance of the Refunding Bonds, the Town shall contract with a bank or trust company located and authorized to do business in New York State, for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income derived from the investment of such proceeds. Such Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the refunding financial plan, including provisions authorizing the Escrow Holder, without further authorization or direction February 24, 2009 Page 50 Minutes Southold Town Board Meeting from the Town, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the refunding financial plan, and costs and expenses relating to the execution and performance of the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the Town the notice of redemption authorized to be given pursuant to Section 13 hereof, and (d) to invest the monies held by it consistent with the provisions of the refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the holders of the Refunding Bonds. Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt shall be placed in escrow by the Town with the Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be required to make payments in accordance with the refunding financial plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the Town and shall be applied by the Town only to the payment of the principal of or interest on the Refunding Bonds then outstanding. Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by the Escrow Holder. All interest earned from the investment of such moneys which is not required for such payment of principal of and interest on the Bonds To Be Refunded shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunding Bonds, or such portion or series thereof as shall be required by the February 24, 2009 Page 51 Minutes Southold Town Board Meeting refunding financial plan, and the holders of such Refunding Bonds shall have a lien upon such moneys held by the Escrow Holder. The pledges and liens provided for herein shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such pledges and liens shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledges and liens, need be filed or recorded. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a portion of the Bonds To Be Refunded which are subject to prior redemption according to their terms on the Redemption Date, as shall be determined by the Supervisor in accordance with Section 8 hereof. The sum to be paid therefor on the applicable Redemption Date shall be the par value thereof, the accrued interest to such Redemption Date and the redemption premiums, if any. The Escrow Holder is hereby authorized and directed to cause a notice of such call for redemption to be given in the name of the Town by mailing such notice at least thirty days prior to such Redemption Date, and in accordance with the terms appearing in the Bonds to be Refunded, to the registered holders of the Bonds To Be Refunded which are to be called in and redeemed. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded which are to be called in and redeemed in accordance herewith and the direction to the Escrow Holder to cause notice thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to time. Section 14. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the “The Suffolk Times” two newspapers having general circulation in the Town and hereby designated the official newspapers of said Town for such publication. February 24, 2009 Page 52 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-184 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-185 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2008 Budget Modification - Highway Fiscal Impact: The reason(s) for this additional transfer is that the Highway Department recently received a $3,150.00 invoice in connection with 2008 travel to and from Fishers Island for a project there as well as additional regular ferry charges. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel $ 4,000.00 TOTAL: $ 4,000.00 From : DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies $ 4,000.00 TOTAL: $ 4,000.00 ? Vote Record - Resolution RES-2009-185 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-186 February 24, 2009 Page 53 Minutes Southold Town Board Meeting CATEGORY: Budget DEPARTMENT: Accounting Budget Modification - 2009 GFWT Insurances RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: Reduce Appropriations: A.9901.9.000.000 Transfers to Other Funds Transfers to Health Plan $542,000 A.9901.9.000.300 Transfers to Other Funds Transfers to Risk Retention Fund 120,000 Reduce Revenues: A.5990.00 Appropriated Fund Balance $662,000 ? Vote Record - Resolution RES-2009-186 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-187 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- 2009 Risk Retention Fund RESOLVEDmodifies the 2009 Risk that the Town Board of the Town of Southold hereby Retention Fund budget as follows: Reduce Appropriations: CS.1910.4.300.200 Insurance, Public Officials $20,000 CS.1910.4.300.600 Insurance, Umbrella 100,000 February 24, 2009 Page 54 Minutes Southold Town Board Meeting Reduce Revenues: CS.5031.00 Interfund Transfers $120,000 ? Vote Record - Resolution RES-2009-187 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-188 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- 2009 Employee Health Plan RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Employee Health Plan budget as follows: Reduce: Revenues: MS.5031.00 Interfund Transfers $542,000 Reduce: Appropriations: MS.9060.8.000.000 Medical Benefits $542,000 ? Vote Record - Resolution RES-2009-188 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-189 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Little League Parade February 24, 2009 Page 55 Minutes Southold Town Board Meeting RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork/Southold Little League Baseball & Softball to use the following roads for its Opening Day Parade on Saturday, April 18, 2009, beginning at 11:30 AM: Recreation Center parking lot, Peconic Lane and Carroll Avenue, Peconic provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon receipt of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-189 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-190 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning to Attend MAGLOCLEN 2009 Annual Conference in Indianapolis, IN RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning to attend the Middle Atlantic Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN) 2009 Annual Conference in Indianapolis, Indiana commencing on Monday, April 6 through Thursday, April 9, 2009. All expenses for registration and meals to be a legal charge to the 2009 Police Training Budget line - A.3120.4.600.200. ? Vote Record - Resolution RES-2009-190 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 56 Minutes Southold Town Board Meeting 2009-191 CATEGORY: Local Law Public Hearing DEPARTMENT: Land Preservation LL TOS CPF Management & Stewardship Plan 2009 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 24 day of February, 2009, a Local Law entitled relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of March, 2009 at 4:32 p.m. 10 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Town of Southold The proposed Local Law entitled, Community Preservation Fund Management and Stewardship Plan 2009” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to the Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan 2009”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. February 24, 2009 Page 57 Minutes Southold Town Board Meeting II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship 2009 Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Coordinator, Preservation Department and Land Preservation Committee Director of the Department of Public Works, and the Stewardship Coordinator, , for the periodJuly 1, 2008 through December 31, 2008 presented to the Town Board during the Work Session of August 12, 2008 February 24, 2009, and intended to be the management and stewardship plan (6) required by amendments to § 64-e of the New York State Town Law. III. SEVERABILITY 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-191 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-192 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting CPF 2008 Audit February 24, 2009 Page 58 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold is required by New York State Law §64.e to engage an independent auditor to prepare an annual audit of the Community Preservation Funds for purposes of determining whether the fund has been administered consistent with State and local laws, and WHEREAS the Town Board of the Town of Southold is required to appropriate funds for completion of said audit of the Community Preservation Fund, now therefore be it RESOLVED modifies the 2009 that the Town Board of the Town of Southold hereby Community Preservation Fund as follows: To: H3 .1320.4.500.300 Independent Auditing and Accounting $7,000 From: H3 .8660.2.600.100 Land Acquisitions $7,000 and be it further RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an engagement letter with George R. Rehn, CPA in connection with the Audit of the Town of Southold’s Community Preservation Fund for the year ended December 31, 2008 in a total amount not to exceed $7,000 which shall be a legal charge to the 2009 Community Preservation Fund’s Independent Auditing and Accounting budget (H3.1320.4.500.300), all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-192 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded February 24, 2009 Page 59 Minutes Southold Town Board Meeting 2009-193 CATEGORY: Policies DEPARTMENT: Accounting Fund Balance Policy RESOLVEDadopts the following policy that the Town Board of the Town of Southold hereby entitled: TOWN OF SOUTHOLD, NEW YORK FUND BALANCE POLICY Year-end surpluses and fund balances are moneys that can provide a cushion or buffer that may be needed from time to time to operate without interruption or reduction in services. They provide a degree of stability and the resources to weather fluctuations in revenues and expenditures without severely impacting real property tax rates. Fund balances and adequate reserves should be managed and reviewed on a regular basis. In its evaluations of credit ratings, a formal fund balance policy is cited by all major rating agencies (Moody’s, Standard & Poor’s and Fitch) as a best management practice commonly used by better rated communities. Municipalities that adhere to a fund balance policy are viewed as being more pro-active and this reflects well on management, which in turn results in higher credit ratings and lower borrowing costs. A formal policy is an effective operating tool because it minimizes political concerns and keeps the Town more focused on achieving structural balance. Auditors and financial advisors often note that fund balances are not replaceable through the budget process because of the legal requirement to develop balanced budgets for the general fund and the special revenue funds. The Town does face significant pressure on the revenue and expenditure sides of its budget, and therefore on its reserves. If surplus is depleted at the end of a fiscal year, it cannot be replaced unless during the ensuing fiscal year expenditures are less than amounts budgeted or non-tax revenues are higher than projected (or both). In recognition of sound fiscal policy and in order to stabilize and possibly enhance the current credit rating of the Town, the Town Board desires to maintain an unreserved and unappropriated fund balance in its General Fund at the end of each fiscal year equal to at least 10% of its total operating budget, not withstanding the Town’s past practice to appropriate 50% of the estimated fund balance in the ensuing year’s budget. Such unreserved/unappropriated fund balance will be exclusive of any reserve funds maintained by the Town. The Town believes that at least 10% of its total operating budget is a reasonable amount of unreserved/unappropriated fund balance to achieve at the end of each fiscal year as unanticipated events during the course of a year can have negative effects on non-tax revenues or expenditures. February 24, 2009 Page 60 Minutes Southold Town Board Meeting If an emergency or a need were to occur that necessitated the appropriation of funds that would result in reducing the unreserved/unappropriated fund balance in the General Fund below 10% of operating expenditures, a resolution of the Town Board is required to approve such appropriation consistent with current practices. In addition, subsequent to such appropriation, the Town would begin the process of reducing expenditures or raising revenues during the current or ensuing fiscal year in order to restore the unreserved/unappropriated fund balance in the General Fund to at least 10% of operating expenditures. Unreserved/unappropriated fund balance in the General Fund above 10% may be appropriated by the Town Board for the following purposes: To reduce the ensuing year’s property taxes. For one-time capital expenditures. For emergencies caused by unforeseen occurrences. This policy will remain in effect until the Town of Southold, by resolution, amends or revises it. ? Vote Record - Resolution RES-2009-193 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-194 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Siren Pole Easement and All Other Necessary Documents to Effectuate Same RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Siren Pole Easement and all other necessary documents to effectuate same , in connection with the installation of a siren pole located within the Town of Southold right-of-way for Equestrian Avenue on Fishers Island, subject to the approval of the Town Attorney. February 24, 2009 Page 61 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-194 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-195 CATEGORY: Policies DEPARTMENT: Accounting Debt Management Policy Resolvedadopts the following policy that the Town Board of the Town of Southold hereby entitled: TOWN OF SOUTHOLD, NEW YORK DEBT MANAGEMENT POLICY Introduction The following policy is enacted in an effort to standardize and rationalize the issuance and management of debt by the Town of Southold, New York (the Town). The primary objective is to establish conditions for the use of debt and to create procedures and policies that minimize the Town’s debt service and issuance costs, retain the highest practical credit rating, and maintain full and complete financial disclosure and reporting. The policies apply to all general obligation debt issued by the Town, debt guaranteed by the Town, and any other forms of obligation of indebtedness. Regular, updated debt policies can be an important tool to insure the use of the Town’s resources to meet its commitments to provide needed services to the citizens of the Town and to maintain sound financial management practices. These policies are therefore guidelines for general use, and allow for exceptions in extraordinary conditions. The Town Board has adopted these policies by resolution. As one function of these policies is to stimulate discussion and broader appreciation of debt issues, these policies will serve as a guideline. Under the recommendation of the Town’s Financial Advisor, the Town will evaluate its experience under these policies, and will make changes if needed. The Debt Management Policies of the Town can be adjusted at any time by resolution of the Town Board. Creditworthiness Objectives February 24, 2009 Page 62 Minutes Southold Town Board Meeting Policy 1. Credit Rating: The Town seeks to maintain the highest possible credit ratings for all categories of short-and long-term General Obligation debt that can be achieved without compromising delivery of basic Town services and achievement of adopted Town policy objectives. The Town recognizes that external economic, natural, or other events may from time to time affect the creditworthiness of its debt. The Town Board remains committed to ensuring the actions within their control are prudent and beneficial to its citizens. Policy 2. Financial Disclosure: The Town is committed to full and complete financial disclosure, and to cooperating fully with rating agencies, institutional and individual investors, Town departments and agencies, other levels of government, and the general public to share clear, comprehensible and accurate financial information. The Town is committed to meeting secondary disclosure requirements on a timely and comprehensive basis. Policy 3. Capital Planning: To enhance creditworthiness and prudent financial management, the Town is committed to systematic capital planning, intergovernmental cooperation and coordination, and long-term financial planning. Evidence of this commitment to systematic capital planning is demonstrated through adoption of a three-year Comprehensive Capital Budget. Purposes and Uses of Debt Policy 4. Debt Limits: The Town will keep outstanding debt within the limits prescribed by State statute and at levels consistent with its creditworthiness objectives. Policy 5. Capital Financing: The Town normally will rely on internally generated funds and/or grants and contributions from other governments to finance its capital needs. Debt will be issued for a capital project only when other funding is not available or sufficient. Policy 6. Asset Life: Town debt will not be issued for periods exceeding the useful life or average useful lives of the project or projects to be financed, as recommended by its Bond Counsel and Financial Advisor. Debt Standards and Structure Policy 7. Length of Debt: Debt will be structured for the shortest period consistent with a fair allocation of costs to current and future beneficiaries of users. Policy 8. Debt Structure: Debt will be structured to achieve the lowest possible net cost to the Town given market conditions, the urgency of the capital project, and the nature and type of security provided. Moreover, to the extent possible, the Town will design the repayment of its overall debt so as to recapture rapidly its credit for future use. Policy 9. BANs: Use of short-term borrowing, such as bond anticipation notes (BANs) will be undertaken only if the transaction costs plus interest of the debt are less than the cost of internal February 24, 2009 Page 63 Minutes Southold Town Board Meeting financing, or available cash is insufficient to meet working capital requirements. Debt Administration and Process The following policies apply to all Town debt issuance, including all General Obligation debt as specifically noted. Policy 10. Investment of Bond Proceeds: All general obligation bonds proceeds shall be invested as part of the Town’s Capital Fund, as noted by the Town’s investment policies. Policy 11. Competitive Sale: In general, Town debt will be issued through a competitive bidding process. The Town shall retain the services of a Financial Advisor to administer the competitive bidding process for serial bonds. Policy 12. Property Tax Supported Debt Service Thresholds: In order to maintain appropriate budgetary controls and to prevent imposing excessive burden on taxpayers of the Town, it is the intention of the Town Board to limit debt service expenditures supported by local real property taxes to no more than 12% of aggregate budgetary appropriations in the Town’s General Fund in any given year. ? Vote Record - Resolution RES-2009-195 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-196 CATEGORY: Close/Use Town Roads DEPARTMENT: Police Dept St Patrick Parade, Cutchogue RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Chamber of Commerce to use the following roads for its 4th Annual St. Patrick’s Day Parade in Cutchogue on Saturday, March 14, 20092 beginning at PM : Cox’s Lane, west on Main Road, to Cases Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. February 24, 2009 Page 64 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-196 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-197 CATEGORY: Close/Use Town Roads DEPARTMENT: Police Dept Grant Permission to the Oysterponds U.F.S.D. to Use Certain Roads for Its 5K Run/Walk Race in Orient, on Saturday, May 16, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds U.F.S.D. to use the following roads for its 5K Run/Walk race in Orient, on Saturday, May 16, 2009 beginning at 10:00 AM: Main Road, Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley after notification of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-197 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-198 CATEGORY: Strawberry Fields DEPARTMENT: Police Dept Approve Request for Annual Strawberry Festival RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby February 24, 2009 Page 65 Minutes Southold Town Board Meeting Mattituck Lions Club to use Strawberry Fields in Mattituck from June 19 - 21 for the annual Strawberry Festival . Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured and notify Capt. Flatley after notification of the approval of this resolution to coordinate traffic control. ? Vote Record - Resolution RES-2009-198 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-199 CATEGORY: Employment - Town DEPARTMENT: Accounting Create and Set Salary Zoning Inspector Position RESOLVED that the Town Board of the Town of Southold hereby creates the position of the position of Zoning Inspector as Zoning Inspector and establishes the annual rate of pay for follows: Effective Date Entry Level Step 1 Step 2 Step 3 Step 4 Step 5 January 1, 2009 47,634.09 50,813.30 52,084.74 53,801.19 55,072.54 58,251.25 January 1, 2010 49,420.99 52,718.80 54,037.02 55,818.74 57,137.86 60,435.67 ? Vote Record - Resolution RES-2009-199 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-200 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney February 24, 2009 Page 66 Minutes Southold Town Board Meeting Retain InVision for Wireless Bill Review RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Russell to retain InVision Wireless, LLC to review the Town's wireless bills , at a cost not to exceed 33% of the annual savings and credits identified, all in accordance with Town Attorney approval. ? Vote Record - Resolution RES-2009-200 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-201 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Intermunicipal Agreement with SCPC WHEREAS , General Municipal Law (GML) § 239 requires the referral of certain proposed planning and zoning actions to the Suffolk County Planning Commission by local Towns and Villages within the County, and WHEREAS , GML also allows for the County to enter into an agreement with a referring body or duly authorized body of a Town or Village to provide that certain proposed actions be deemed matters of local rather than inter-community or county-wide concern and therefore, not subject to referral, and WHEREAS , the Town of Southold has proposed a litany of actions which are consistent with the intent of GML and represent matters of local not county-wide concern, and WHEREAS , an inter-municipal agreement would streamline the referral review process without any compromise to county-wide or inter-community planning considerations, now therefore be it February 24, 2009 Page 67 Minutes Southold Town Board Meeting RESOLVED , that pursuant to the above the Suffolk County Planning Commission considers the following list of actions to constitute matters of local determination which are NOT subject to the referral process: ??All area variances associated with single-family residences. ??Change of one permitted use to another with no changes in parking requirements ??(i.e. retail to office). ??Minor additions less than 1,000 square feet with no change to use or occupancy. ??Site plan applications proposing less than 5,000 square feet of new or renovated ??floor area or less than 10,000 square feet of land disturbance. Exception - actions that have been given a Positive Declaration pursuant to SEQR or actions involving property abutting state or county parkland, the Atlantic Ocean, Long Island Sound, and bay in Suffolk County or estuary of any of the foregoing bodies of water shall be subject to the full review process. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Russell to execute and Intermunicipal agreement consistent with this resolution , and be it further RESOLVEDTown Clerk is directed to forward a copy of this resolution to the , that the Suffolk County Planning Commission and to the Planning Board and Zoning Board of Appeals of the Town of Southold. ? Vote Record - Resolution RES-2009-201 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-202 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk LWRP Coordinating Council February 24, 2009 Page 68 Minutes Southold Town Board Meeting RESOLVEDappoints the LWRP that the Town Board of the Town of Southold hereby Coordinating Council, pursuant to Section 268-4B of the Southold Town Code as follows: John Sepenoski, Chairman Scott Russell, Supervisor Thomas Wickham, Town Board Albert Krupski, Town Board Martin Sidor, Planning Board Chairperson Ruth Oliva, Zoning Board of Appeals James King, President of the Board of Trustees Peg Dickerson, Trustee Mark Terry, Principal Planner James Richter, Engineering Inspector James McMahon, Director of Public Works Peter Harris, Superintendent of Highways Captain Martin Flatley, Police Department Jack McGreevy, Conservation Advisory Council ? Vote Record - Resolution RES-2009-202 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay, this concludes the agenda. I would like to invite anyone that would like to address the Town Board to please come up? Larry Halliger, Mattituck LEROY HEYLIGER: Good evening. I am Leroy Heyliger from Mattituck. I am here with a petition from our church and the residents of Mattituck cottages. The petition to stop the 7-11 from coming to Mattituck. The zoning board has turned them down on their variance that they requested and I understand that this is going to come before the Board on the future and I wanted to present the reasons why we, the congregants and the residents of the Union Baptist Church and the Mattituck cottages are against this, the need for the 7-11 convenience store being located at the junction of Factory and Route 25 where the Citgo gas facility presently resides. We do so for the following reasons as stated on our petition. Number one, we will see an increase in the 16 wheel and box truck traffic and personal vehicular traffic, with said vehicles exceeding the presently high posted speed limit through our street, Factory Avenue. As you know, we have had an ongoing problem there with these box trucks and these tractor trailers, they come down Aldrich Lane up through Old Sound Avenue, back down Factory Avenue, make all their February 24, 2009 Page 69 Minutes Southold Town Board Meeting deliveries to the Waldbaum’s and to the restaurants and with the addition now with this 7-11, proposed 7-11, it is going to put another burden on Factory Avenue which is in deteriorating shape as it is right now. The next thing I have is the litter that would be generated by the facility. We already have from the McDonalds and in the summer time we get litter all over our roadway there. People going down Factory Avenue heading back out to 247 to go out to Orient and they just throw the stuff all over the place during the summer time and also we have problem with the Dempsey dumpsters. Where are they going to place another Dempsey dumpster? We already have one problem, as the Supervisor had noted, the one with Waldbaums. Garbage all over up and down the street. What was used to, at one time, referred to as a side street is no longer a side street. It has become a commercial thoroughfare. Number 3 is our quality of life in this area is slowly being deteriorated. We have quality of life issues that will be generated with this convenience store that is going to operate 24 hours a day, seven days a week. It is going to become a late night hang out for the young crowd, during the summer time. Once t he movie theater closes down, the Waldbaums, the restaurants in the mall, once that closes down, the young people have no place else to congregate but to congregate right there at that 7-11 store. And then another problem, a quality of life problem, would be the beer and the tobacco sales that is going to be generated and that is going to cause another problem, we are going to have to have the police or some kind of watchdog group watch our young people with the beer and tobacco sales. Another thing is it is going to become a, we all know 7-11’s up the island and around here become a pickup area for our laborers, day laborers. You get vans, you have pickup trucks, you got, they come in there and they pick the guys up and they take them on jobs and they bring them back and they drop them off and then you get them hanging around. We don’t want to become another problem like they have up in Farmingville and Patchogue. We don’t need it at that intersection. Another thing is the volunteer fire department and the EMS know that there has been several serious accidents right there at that corner. As a matter of fact, there was one fatality, I believe, in 2007. And it was an elderly person. And that is a very dangerous intersection with people trying to go into the shopping center, going to the movies and coming out. So if they do some kind of a traffic study or police study, they should take that in consideration about the accidents that have happened at that intersection. The owner of the 7-11, he stated at the variance or it was stated at the variance that the curbing would have to be removed, it would have to be taken out and he wasn’t going to pay for that and he wasn’t going to pay for the renovation to the roadway. We can’t even get sidewalks on Factory Avenue. Who is going to pay for that? The Town tells us they can’t afford it in the budget right now to give us sidewalks so that the pedestrians who come out of our facility and also to come out of the Mattituck cottages to walk to the theater, to go to Waldbaums with their shopping carts and their baby carriages, they have to walk in the roadway. I sincerely hope that the Board will look into this matter when it comes before them and would go over these petitions that are being presented here tonight. And let us all remember, we are all Factory Avenue in Southold Town. Thank you. SUPERVISOR RUSSELL: Thank you. Art Tillman, Mattituck ART TILLMAN: Art Tillman, Mattituck. I am here along with Leroy Heyliger. Leroy didn’t mention he is deacon in the Unity Baptist Church and he has been authorized to speak on behalf of his minister, who I believe lives in Southampton, so it is not too convenient to get over here. I February 24, 2009 Page 70 Minutes Southold Town Board Meeting would just like to read to you what the petition says. ‘We feel a 7-11, 24 hour, 7 day a week store on Main Road and Factory Avenue would be detrimental to the community as it would increase traffic on both Main Road and Factory Avenue, would not be a benefit to our community in anyway. We the undersigned are concerned citizens who urge our leaders to act now to reject and disapprove any application to convert the existing Citgo gas station on Main Road into a 7-11 store’ There are six reasons why the Zoning Board of Appeals negated the application. I want to mention two of them and I will try to be as brief as possible. It said that 7- 11 will have an adverse impact on the physical or environmental conditions in the neighborhood and while preserving and protecting the character of the neighborhood, the health and safety and the welfare of the community, in effect is in jeopardy. With Mr. Heyliger’s petitions, we have a total of 1,233 names on these petitions. And I have to tell you, it was some easy getting these petitions signed. Nobody wants this thing. With the exception of a few kids who want some Slurpees. It makes interesting reading because, we don’t expect you to take it home, but we left room for comments and some of the comments are really precious. One we had to white out, it was so profane. They go along with, these people are very passionate. No way, we don’t need it, no way, not necessary, we don’t need it, no way, no, no, no, no way. No, no, no, no. Enough graffiti, too much traffic, etc. etc. etc. The people of Mattituck are passionately against this 7-11. Now, I know it probably isn’t the proper time to bring this before you because it has been rejected by the Zoning Board of Appeals, but we are going to submit these petitions to you now because it is my belief that the applicant, whose name is Gamma Deer Park Incorporated will be back. I don’t think these guys are going away. So I have been carting these things around in my pickup truck, they are getting a little beat up and I want to present them to the Board. SUPERVISOR RUSSELL: Art, I happen to think it is an excellent time to bring it before the Town Board’s attention. MR. TILLMAN: Do you? Good. SUPERVISOR RUSSELL: I had talked to the Planning director about this, I talked to the Planning director, just so you know, I did talk to the Planning director about options there. I am going to meet with some people in the next few days that would be a bona fide buyer for the site and use the site for a more appropriate use. I think if you are from Mattituck and I was raised in the west end of this town, you have to say, you know, Mattituck has had enough. It is not just that location being just as bad a spot as you can find for a 7-11 but also you have the franchises already. And the mom and pops are disappearing overnight and you can ask Riverhead, they will not come back if you lose them. And when these franchises come out there and having to compete with these, the purchasing power of these franchises, is very difficult, so I think in the near future we will have to engage the Town Board and figure out better uses for that site. Oh, let me just hide my coffee cup. This is the Southold 7-11. Victoria Belegrinos, Event Power VICTORIA BELLEGRINOS: Hi, my name is Victoria Bellegrinos, I am the race director for the Mighty North Fork Triathlon. Thank you for letting us address the Board and Supervisor Russell, I sent you some information about the race supporting material and I have additional supporting material for you. February 24, 2009 Page 71 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Sure. Steve Tarpinian, Event Power STEVE TARPINIAN: And I am Steve Tarpinian from the triathlon as well and I would just like to thank the Board for giving us this opportunity to speak and appreciate the opportunity and hopefully the Board can reconsider their vote to deny the permit for the triathlon. I would like to just take a couple of minutes to hit three points. The income from the event, the impact on the Town and the event, the triathlon, an event such as this what it can mean to a town, how it can be a very positive event for the Town. I will just go through them backwards. The impact of a triathlon on the Town, this is in the packet that Vicky just gave you. This is from the Town of Islip, of course every town is very different but the Town of Islip as just announced in this media release last week, that they are putting on a triathlon and some of the positive aspects for the Town and community. I don’t know how much the Board knows about a triathlon, it is a sporting event. Swimming, biking, running. There are very few on Long Island, there are none on the north fork, this is the only one. People who participate in this very healthy activity and they are pretty passionate about it. I believe there are some people here today in support of the event, I don’t know if any of them are going to want to speak or say anything but that is one point. We would be more than happy, I don’t want to take up anyone’s time but if you want to hear more about some of those positive aspect of the event itself. As far as the impact on the Town, it is a little bit difficult to tell exactly what the problem was, especially since the, this th would be this year, if we could have it, would be the 11 annual. In the first 10 years, the permit was vote 6-0 in favor and this year 6 against and none in favor, so it is kind of hard to address really haven’t heard, we heard some things from the meeting and a little bit of the video clip, so obviously it would be difficult to address exactly what it is but in terms of impact on the Town, that seems to be one of the key points. So just to clarify a few things, in the packet Vicky prepared, hopefully that clarifies things further. There are no town parks used or open space, it is town roads and it is a pretty short, condensed amount of time between 7:00 AM and 8:30 AM on a Sunday morning, the roads are not closed, they are managed by the police which brings up another point, I don’t know how much in some of the things we have heard, there might be some issues with police costs which could be a possibility the event could raise funds for that, to be able to offset that, I don’t know how much that is or is not an issue. But in terms of impact on the community, the actual race itself takes place at Cedar beach, which is a Suffolk County park. The event company itself really prides itself in trying to leave an area nicer than what we took it, we collect garbage not only from the event and participants but also surrounding areas. Wherever there is an issue, we have tried to address it, of course we don’t hear of everything so that is one thing. So that is impact on the Town. And finally in terms of income from the event, there is, a triathlon is not like a running race where you have a bunch of runners and they get a running number and they run around on a course and they finish and timing is just in terms of what the finish time is, again, there is lots of things involved in triathlon, I don’t want to take up a lot of time, if you would like more information we can give it to you but just as a real brief thing, there are many costs associated with producing a safe and successful triathlon and the money from the entry fees goes directly to produce the event. Whatever profit is there after expenses is donated. We are always interested to increase any sponsorship or save money on expenses and salaries, since this allows the event to give more things to participants such as their jerseys and things they get in what is known as a goodie bag and also to give more to the beneficiaries. Again, in terms of income and expenses, we can, the event can certainly go into February 24, 2009 Page 72 Minutes Southold Town Board Meeting more detail if that is requested and interested, something of interest from the Board. So I think there might be some misunderstanding, like I said, some people might say oh, this triathlon is like a running race and there are lots of additional expenses for a triathlon, that is why there are not so many of them. And you know, it might be easy for someone to take a look and say, this out of town company just comes in, uses town resources and roads and what do they do for us and they leave a mess and go away with a pile of money and I want to say I wish that was true but I really don’t wish that was true. The company that puts on the event, the event business part of the company is a small part of the company. The company is mostly a training company. I am the president of the company and we put on the events mostly as a service to the community. The athletes are very passionate about it and hopefully the Board can reconsider the permit request or at least discuss with us their concerns and maybe we can come up with a solution. SUPERVISOR RUSSELL: Thank you. I will just say that we did get the packet last week, I distributed it to the Town Board and because of the timing and the agenda already being set today, I told you that we would come back in two weeks at a work session, that informal environment so we can talk a little more in depth about these issues and it will be on the agenda. Ruthanne Woodhull, who is my assistant, will contact you to see what time will work for you. It will be two weeks from today. And so we can get a little more in depth with this. But I would certainly welcome anyone that wants to comment further on this particular issue. I just need to tell you that this Board wasn’t really focused on your company, we are just, we have re- evaluated the policies of the Town use because we are in a very tight fiscal climate and we needed to look at what was costing us money and what wasn’t. And you saw for the agenda tonight we have already had three or four requests for road closings from local organizations such as teachers organizations, fire departments and it is very costly for the Town to keep participating in this. So we tried to narrow, because of the overwhelming requests we are getting, we are trying to narrow or limit the use of the public assets. The police department, everybody else, it costs us a lot of money. We are just in this climate where we are looking to save money wherever we can. COUNCILMAN ORLANDO: Can I ask a quick question? SUPERVISOR RUSSELL: Yes. COUNCILMAN ORLANDO: But you asked the question what has changed, well, obviously you have been watching the news well, the globe has been changing financially and of course it affects us, the police chief did tell us that the marine patrol boat is out there and he has some traffic control people out there that does cost the town some money, so we are all tightening our belts. So that does affect us and we are all trying to save the taxpayers money. That was the, no one here is against staying in shape. Look at us, we are all in great shape here. So no one is opposed to bicycling, riding or swimming or anything like that, it was strictly a fiscal response on that one. We are trying to do the best we can like everyone else. But I got the stuff from Vicky and I wanted to ask a few questions if you don’t mind. MR. TARPINIAN: Absolutely. February 24, 2009 Page 73 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: You do paint arrows on the roads and to me that is a form almost, of graffiti. You might run for that day, walk for that day and then leave and it stays there for weeks and weeks and weeks. Is it possible to use maybe chalk or tape or something that can come right up that day? Because the arrows do stay for weeks and I live down there, it stays for a long time and you go but it stays. MS. BELLEGRINOS: For some of our races we use chalk paint, they request that. So we have used chalk paint and then it washes away in a couple of rains. COUNCILMAN ORLANDO: The other thing, you talked about the garbage. You come and you pick up the garbage and you walk around and I guess you get the water bottles, whatever falls out, which is really appreciated. Do you take the garbage with you? MS. BELLEGRINOS: We have Mickey’s carting, through the dumpster. COUNCILMAN ORLANDO: So you have a dumpster there that you pay for and you pull it away afterwards. Okay. MS. BELLEGRINOS: Correct. COUNCILMAN ORLANDO: And the other question was you say you make donations to town organizations out here, I was wondering if you could get a list of who you donated to and what amounts in ’08 when you come back to talk to us. MS. BELLEGRINOS: Yes. Definitely. COUNCILMAN ORLANDO: Thank you. Alan Connell, Southold ALAN CONNELL: My name is Alan Connell, I am a resident of Southold Town and I really look forward to the triathlon. It is an event that motivates me, keeps me in shape, it is an event that is complicated, as Steve said. And it requires an event coordinator like this company to even pull off an event like that. And even if it was a not for profit organization that was sponsoring this event, they would still have to hire a company like this to make it happen and so, I guess what I am saying is that I think it is important that we have this in the Town. It provides a great community activity, there is an awful lot of people in Southold Town that participate in it but it also brings a lot of people from out of town which benefits our businesses. They are staying overnight in bed and breakfasts, they are staying overnight in motels. They are eating in our restaurants. It is all positive for the Town and I would really urge you to reconsider this and give th it another chance. It will be the 10 annual, which is, you know, it says something for us. Eleventh. COUNCILMAN ORLANDO: You must have missed one. MR. CONNELL: I missed a race. So I think it is a fantastic event, there is no alcohol involved, it is something that is really a positive thing for the Town. And I would urge you to reconsider. February 24, 2009 Page 74 Minutes Southold Town Board Meeting Thank you. SUPERVISOR RUSSELL: Peggy and then you, Mr. Wills. Peggy Murphy, Southold PEGGY MURPHY: I am Peggy Murphy and I am a resident of Southold Town. And I also am involved in the Board of Directors of CAST and Vinnie, I think you asked about the organizations that receive…. COUNCILMAN ORLANDO: I did receive your letter, a copy of your letter that you sent. MS. MURPHY: Okay. So I made my case in terms of… COUNCILMAN ORLANDO: Well, I wondered who else they contributed to besides CAST. MS. MURPHY: I wanted to be sure well, CAST is a pretty important agency and you know, going down there for the first time last year I volunteered and the enthusiasm, I am not a runner, I am not even much of a walker but the enthusiasm that was evident down there and the organization was really something to see and the benefit to CAST, I don’t need to tell you, we look for every dollar. And it is a different way of having some income come to CAST other than our supermarket sitting for food or selling chances. So, I hope you will give it some thought and allow them to continue this event. COUNCILMAN WICKHAM: We look forward to reviewing it in two weeks time. Steve Tarpinian MR. TARPINIAN: I am sorry, I just wanted to mention one thing to Councilman Orlando, what you say about the economic environment is absolutely 100 percent true and one of the things that we pride ourselves in as an event company and doing events like this in various communities is we want to be an asset to the community. So wherever there are costs like that, whether they be police costs or what has happened in other towns where police costs were covered and they came to us before accepting or denying the permit and said, hey you know we have this increased cost, would you be able to contribute towards it. And that has happened, you know, we welcome the opportunity whether we could or we couldn’t, I am not 100 percent sure but we certainly would do our best effort. And again, you know, we want to be a part of the community, we are all Long Islanders, I am not from the Town of Southold but my parents live in Shelter Island and this is an important part of the community and if we are not a good part of the community, we wouldn’t want to have the event. This is a fairly small event for us and really we could walk away from it, it is not a big deal. But it is a big deal to the people that participate in it and I think it is a positive thing for the Town. Hopefully it is, in your view and in reality. And as far as the other beneficiaries, they are listed in the actual letter with the, when you did the vote. The letter that came for the vote and Vicky has the other ones right off the top…. MS. BELLEGRINOS: Southold fire department (inaudible) and this year if the event is to take place, we were also going to donate to the American Heart Association, which is based in Southold. February 24, 2009 Page 75 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this or anything else? Oh, I am sorry, go ahead. Barbara Poliwoda, Heart Assoc UNIDENTIFIED: I just wanted to say as a representative of the American Heart Association and as a resident of this Town, I was really looking forward to participating in this event for the first time this year after looking at those little green marks every year and saying to myself, I really would like to do that because people I know, people I talk to, they train for it, they work really hard and it emanates to other people to be part of that as well. And as we all know, heart disease is the number one killer of not only Americans but Southolders. And Long Islanders and New Yorkers. So anything we can do to avoid heart disease and one of that would be exercising, I would love to see as much heart healthy activities going on in this town as possible. So I really hope we can work this out and have this race. SUPERVISOR RUSSELL: Thank you. Frank Wills, Mattituck FRANK WILLS: Frank Wills, I live in Mattituck. I am not a runner, so I am not part of the triathlon. At the Board meeting two weeks ago, the subject of the division of natural resources came up, there were some discussions and because there were some objections to the last paragraph, it was tabled. This morning, a copy of the program that I got included number 151 and I thought it would show up on tonight’s then but it has disappeared. I was wondering why? SUPERVISOR RUSSELL: I had, two weeks ago, the objection was to the wording of the resolution, empowering the natural resources division. I had met with the attorney and Mark Terry, we reworded it, redrafted it, distributed it to the Board. When we talked about it this afternoon, it was apparent that there aren’t three votes to move forward with the creation… JUSTICE EVANS: Four. There are not four votes. SUPERVISOR RUSSELL: I am sorry, there aren’t four votes needed to move forward with the creation of the division of natural resources. COUNCILMAN KRUPSKI: We are split along party lines, the east versus the west here I think. SUPERVISOR RUSSELL: We actually, there were three people that were in support of it, three people that were in opposition to it. We can’t move forward on it with that type of vote. It is, as a doctor would say, dead on the table. MR. WILLS: Well, let me digress for a minute, when I look at my calendar and my diary, it seems to indicate that this is 2009. 2009. And I would presume that we have come quite a ways, not in 2009 years but let’s say in the last 100 years when we realize and sometimes reluctantly admit, that science and facts should rule and govern our lives in what we do because it will help us live and live better, including what we do to the environment. So the Town’s indecision, apparently, in not establishing a group of people who would be helpful to all the other February 24, 2009 Page 76 Minutes Southold Town Board Meeting departments and divisions by supplying scientific and technical facts. Now I admit, I am prejudiced, my training is as an engineer, as a chemical engineer, as a metallurgist and so forth but over and above that, I feel we have learned a lot through science and technology, we now know that road runoff is a bad idea, where as years ago when we paved the roads, oh, let the water go down in the inlet and let it pollute, we didn’t even know it was polluting. We now know it does. So I would urge you to reconsider abandoning this idea and establishing a division or a department or a unit, what ever you want to call it. But don’t kill it because it will hurt all of us. Thank you. COUNCILMAN KRUPSKI: Actually, Frank, some of us felt the people who are involved here are already employed in the Town. The decision was made to hire those people that are credible and that are helpful to any town department on environmental issues and right now, it doesn’t seem like the time to create new departments and new divisions that could possibly have a financial impact in the Town. We are looking at every way to consolidate town government and not expand it and that is the feeling on some of us. Myself, anyway. COUNCILMAN WICKHAM: There are points of view but it is just hopeless tonight. I don’t think there is any point in trying to rebut all of that. The Town Board needs to deal with it again in another couple of weeks and maybe we can find a way to move forward with it at that time. Denis McDermott, Frisky Oyster DENNIS MCDERMOTT: My name is Dennis McDermott, I own the Frisky Oyster in Greenport. Temple yoga center in Greenport, and soon to open (inaudible) in Greenport. I have done the triathlon for the last four years and I found it to be a very encouraging thing for my staff to do the triathlon as well and it became very infectious to the Greenport community because of what was going in the restaurant. We inspired other people in the community to do the triathlon. And they inspired other people to do the triathlon. And it has sort of grown to be a nice community event where people who you would never be thinking to be swimming and biking and running are now looking forward to doing the triathlon. The Mighty North Fork Triathlon. I also do the mighty Hamptons triathlon and two triathlons in Montauk. And it is sort of nice that we have one here on the north fork. It is smaller, it is more intimate, it is more community based because so many people from Southold and Greenport and Mattituck and Cutchogue do the Might North Fork and it sort of has to be sort of the jewel of that little string of triathlons and it would be a shame if we didn’t have our little triathlon here. I know it is not as big as the one in the other areas, Sag Harbor, Montauk but there is a lot charm to the little Mighty North Fork Triathlon. And speaking as a business person and speaking as an athlete, it would be a shame to see it not held this year. SUPERVISOR RUSSELL: Thank you. MR. MCDERMOTT: If any of my input helps change your decision, I would be happy about that. SUPERVISOR RUSSELL: Thank you very much. Kate Williamson, Mattituck February 24, 2009 Page 77 Minutes Southold Town Board Meeting KATE WILLIAMSON: Hi, my name is Kate Williamson and I live in Mattituck and I am one of those people that you wouldn’t look at and think, oh, she does triathlons but I do. And the reason I can do it is because the Mighty North Fork is right here and it is billed as a beginners triathlon and it welcomes people who might not be in such wonderful shape but it gives people a goal to work for and like other speakers have said, it is really infectious. I went back after I did my first one in 2006 to my Weight Watchers meeting and I said, I just did the most incredible thing and if I can do it, you can do it and the next year, maybe 10 more people from that group; it just is a really great thing to have here on this north fork and it would be a shame to lose it and I hope you reconsider that decision. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Anne Murray ANNE MURRAY: Anne Murray from East Marion. Just two quick things, I agree with Frank on the natural resources division, I am kind of disappointed that you all can’t come to an agreement on it. And it was my understanding from what Mark Terry put together and I have been at a lot of meetings where this has been discussed but it was a budget neutral division, using existing staff. This is something that the public is requesting and it would establish a clear path of communication and accountability to the public on environmental issues and it would also streamline the process of application for residents. So I really wish you could come to an agreement on this, I think it is extremely important. And the other issue is, this morning you were discussing this how the town could get money from the federal stimulus plan, which is great. And I had a question on your, you were talking about stormwater projects. Do you think you will be able to get enough money from the federal government to cover most of the stormwater projects that you want to take care of? SUPERVISOR RUSSELL: You know, to be frank, there is no way of knowing and the federal government has just created a package. How it is going to be disseminated and how much to each region, there is still big question marks. Certainly I hope to get money to make an impact on that ongoing challenge. The stormwater mitigation challenge is probably an ongoing, expensive proposition for the next several years. If we can maybe leap frog ahead a little bit with some stimulus money, it would be a great thing. To suggest that we are going to end the problem with stimulus money is probably unrealistic. MS. MURRAY: Well, if it is big environmental issues… SUPERVISOR RUSSELL: It is a huge environmental issue and it is going to be a very costly fix over the next several years. MS. MURRAY: I was just curious how many, do you have a number that you can put into your request of stormwater project for the Town? SUPERVISOR RUSSELL: Yes. We actually have, we already organized all of our inventory for stormwater mitigation. We have about 120 critical areas identified by, with cooperation from Cornell. We have the inventory. What we need is engineering on some of those solutions. February 24, 2009 Page 78 Minutes Southold Town Board Meeting Some are very quick, easy fixes that we are doing in house, through Pete Harris. Some are very costly procedures that we will need land, land acquisition, things like that, to find a place to deal with the volume of water we have in certain locations. MS. MURRAY: Right. I just meant for the stimulus, if you had a number of projects you wanted to target. SUPERVISOR RUSSELL: Well, we intend on submitting 120 locations. MS. MURRAY: Great. Good luck. I hope we get it. Thank you. COUNCILMAN ORLANDO: So do we. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: (inaudible) Benja Schwartz. You remember me. Hey, if they put a little rowing, sailing and swimming, I will do that. You can add an event. I would just like to speak about the proposed division of natural resources. And I would like to ask who the three, I know Al votes against everything, and voted against this but who are the other two? COUNCILMAN ORLANDO: I would be one those. COUNCILMAN RULAND: I would be the other. COUNCILMAN ORLANDO: Like Al said, to the left, to the right. MR. SCHWARTZ: Well, then you three are the ones that I would like to ask you reconsider your decision based on the number one, the proposal was budget neutral and there was no request or no, it was examined, the comptroller, I was here when the comptroller came in and said it wasn’t going to cost any money to form. COUNCILMAN RULAND: I think it should be said, sir, that if you are going to quote him, the comptroller said that day, he said, today… MR. SCHWARTZ: Today. Correct. To form. To form. Not that it wouldn’t cost money down the road. COUNCILMAN RULAND: The day he was speaking, today, that day, it was budget neutral. MR. SCHWARTZ: It was budget neutral to create the division. COUNCILMAN RULAND: That is correct. MR. SCHWARTZ: It was also government, the size of government neutral. It was not adding new…I am sorry, I didn’t mean to interrupt. February 24, 2009 Page 79 Minutes Southold Town Board Meeting COUNCILMAN RULAND: I will let you understand my position and then I won’t have to say anything more. MR. SCHWARTZ: Can I finish what I had to say? And then I would love it if you would respond. I did but I wanted to explain. COUNCILMAN RULAND: No, please. SUPERVISOR RUSSELL: Somebody go forward and let’s get going. MR. SCHWARTZ: Number one, we are not looking for more money, we are not looking for more government right now. What they are trying to do, the people that work for the Town want to add efficiency and effectiveness to their government. The addition of efficiency would result in less cost, possibly, down the road. The addition of effectiveness would result in more environmental protection. And I don’t want to see adding on layers and layers of government all over but to define the layers that we already have, I thought it sounded like a good idea. Did you want to respond? COUNCILMAN RULAND: Only if you are finished. MR. SCHWARTZ: Yes. COUNCILMAN RULAND: Each one of us may see it in a different way. I see it based on the experiences I have had in other positions I have held. Mr. Cushman was absolutely right in what he said that day. In my opinion, there are underlying civil service issues that are in my mind, unresolved. Moving forward in that direction without iron clad answers to those questions, I am not willing to go there at this time. I do believe, I will say that I agree with you in the fact that I am not saying it is not a good thing for the Town. I will agree with Councilman Krupski in that our Planning Board and our Planning staff should be doing everything that they can to make this process as easy and user friendly and comprehensive as it should be. If it is not, we need to sit down with them and see if there are better ways to do what we do. That is all I have to say. COUNCILMAN ORLANDO: Ironically, Benja, the three of us are meeting at Town Hall for another meeting on Friday at 3:00. Maybe we could all meet before that and we can sit down and talk to you about that. We can spend some time on it. MR. SCHWARTZ: Sure. Thank you. SUPERVISOR RUSSELL: I would like to say for the record that on February 24, 2009 at 8:59 PM that I agreed with Benja Schwartz. The issue for me was exactly what you crystallized. You crystallized it for me. And that is, we are not creating new government here, we are defining, we are honing the roles of people that are already working for town government and I think that is the essence of it. That is exactly what we are doing. February 24, 2009 Page 80 Minutes Southold Town Board Meeting MR. SCHWARTZ: I don’t want to push my luck, Scott, but… COUNCILMAN ORLANDO: You two should shake hands or something like that. SUPERVISOR RUSSELL: You, in the most succinct way, said how my position is. MR. SCHWARTZ: Fortunately, I lucked out. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response) Hearing none, motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:02 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell