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HomeMy WebLinkAboutTB-09/22/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES September 22, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 22, 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor RUssell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on September 22, Southold, NY. 2009 at Meeting Hall, 53095 Route 25, Attendee Name William Ruland Vincent Orlando Albert Krupski Jr. Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. F~egan Town o£ s0uth°ld I. Reports Organization Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Title Status Arrived Councilman Present Councilman Present Councilman Present Councilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present Justice Rudolph H. Bruer August 2009 Justice Louisa P. Evans August 2009 Justice William H. Price Jr. August 2009 Human Resource Center Monthly Report August 2009 September 22, 2009 Southold Town Board Meeting Minutes 5. Engineers Monthly Report August 2009 6. Program for the ]Disabled August 2009 II. Public Notices 1. NYS Liquor License Renewal Empire Gas, 25 Main Rd., Southold 2. New Liquor License Application AKHW, LLC, 62980 Main Road, Southold III. Communications IV. Discussion 1. 9:00 AM - Trustees Saltwater fishing license Removal of sunken vessel 2. Shellfish Permit Regulations Councilman Krupski 3. 9:45 AM - Heather Lanza Site plan requirements/dark skies Wireless facilities code Convenience stores 4. 10:45 AM - Howard Meinke, ARC Building Department applications 5. 11:00 AM - Jim MeMahon Update on Pine Neck ramp 6. Comp Plan Update Public meeting for community stakeholders 7. LL Amendments to Minor Exempt Actions List of Waterfront Consistency Review Law Page 2 September 22, 2009 Page 3 Southold Town Board Meeting Minutes 8. Wind Energy 9. B.D. Schriever Community Center Change of Zone 10. SCWA/Laurel Lake Easement 11. LL/No Parking, Champlin Place 12. Ed Romaine's Request: Mattituek Sewer Feasibility Study 13. Deer Meeting Follow-Up - Deer Management Task Force 14. Request to Reduce and Defer Park & Playground Fees, Onufrak 15. Artco Drainage Corp. Collection Case 16. 1:00 PM - Executive Session - Melissa Spiro Possible purchase of property and discussion of value 17. Executive Session- Litigation Ross Action 18. 19. 20. 21. Executive Session - Labor - Resolution of Grievances Executive Session - Contract Negotiations - PBA Executive Session - Contract Negotiations - CSEA Mattituck Historical Society Pledge to the Flag Opening Statements Supervisor Scott Russell SUPERVISOR RUSSELL: At this time, please rise and join in the Pledge of Allegiance to the Flag. Thank you. I would like to invite anybody that would like to comment on any item as it appears on the agenda. Please feel free to do so at this time. Mr. Spanos, do you want to discuss the issue? James Spanos, Geenport JAMES SPANOS: My name is James Spanos and I am addressing the issue of Champlin Place that the town wants to put no parking on both sides of Champlin that would be taking 160 feet back from Main Street into Champlin and I think that, the reason why the town wants to do is for public safety and I spoke to numerous amounts of parents that have their children dropped off there, who park along side of the street and they are afraid that if this happens, that their children September 22, 2009 Page 4 Southold Town Board Meeting .Minutes would be in danger because they park and wait for the school bus to come from Mercy High School to drop the children off and on the other side is my tenant, George Papamichael and he runs a very lucrative business there and this will take away from his business and from the property. So I am concerned, the town is jumping too fast into this decision which people do not know about and I would request to table it, so we can discuss it with the Supervisor, Sunrise Coach and bring some more people into the next meeting. That is about it. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular issue or any agenda item? Peter Harris, Supt Highways PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Good afternoon, my name is Peter Harris, I am the Superintendent of Highways for the Town of Southold and I am here, sorry I did not make it when they had the public hearing at the September 8 regular board meeting but I had personal issues that I had to take care of and I wasn't able to attend. However, this issue on Champlin Place in Greenport is due to the untimely passing away of our previous Town Attorney, Patricia Finnegan. This resolution had been like a year and a half in the making and I am just going to read a statement that I believe each one of you on the dais, on the Board, had received. It says, 'Town Board members, As a member of the Southold Town Transportation Commission, Current Superintendent of Highways, active member of the Greenport Fire Department and a resident of Greenport for 56 years, that uses the intersection of Main Street and Champlin Place in Greenport on a regular basis. At the regular Southold Town Board meeting held on Tuesday, September 8, 2009, a public hearing was held pertaining to the request for 'No Parking' signs to be installed on Champlin Place in Greenport on both sides of the street for a distance of approximately 160 feet, commencing from the intersection of Main Street heading in an easterly direction on both sides of the street. Some might say what is the reason for this request, what is going on that location now that warrants the request by the Transportation Commission, which I must say is made up of myself from the Highway Department, Captain Martin Flatley from the Southold Police Department, Town Board member Thomas Wickham along with chairman Neb Braschich and a group of concerned residents that make up the Commission which is appointed by the Town Board. It was after discussion and evidence that proved that there was serious problems now at that location and by doing away with on street parking, it would solve the problem. What is the problem you might ask? There are two businesses that are currently sharing the gas station convenience store and automobile repair shop on the northeast comer of Main Street and Champlin Place, which in itself is fine, however the on site parking area for the two separate businesses cannot handle the off street parking needed to accommodate auto repair business portion. Subsequently, Champlin Place has become the staging area for the repair shops customers vehicles. By having cars parked on both sides of the street for days and at times, for a couple weeks at a time, parking within just a few feet from the intersection, it has become difficult for two cars to be able to pass one another and forget it ifa large truck needed to make a right hand turn. The concern I have as a fireman of the Greenport Fire Department, Champlin Place is the main route used for fire and rescue vehicles when alarms come in for the Sandy Beach, Gull Pond communities and as well as the two large marinas on Manhanset Avenue. The installation of no parking signs would not have any negative affects on any of the homeowners in this location. The auto repair shop property, directly behind the repair shop building, with a driveway, there is plenty of room on the property September 22, 2009 Page 5 Southold Town Board Meeting Minutes directly behind the auto repair shop, with a driveway apron coming off Champlin Place. I hope my statement has clarified any questions or doubts of the need for why these signs need to be installed. Thank you. SUPERVISOR RUSSELL: Thank you, Pete. Would anybody else like to comment? James Spanos MR. SPANOS: I would like to add to that because I mean, I understand Mr. Harris' concern and I have lived here an awful long time as well and I see that place, that intersection has had accidents before and there is a simple solution to it but it is the state's problem because Main Street requires the state to put a light up and I think that would solve most of the problems there. it hasn't been addressed to the state for them to do an environmental study to see if it needs one but obviously a traffic light is needed there and I don't think the problem is the parking. I mean, if you go in front of any business in Greenport or anywhere else in the hamlets, they don't take away parking from businesses. It is just, you know, it is not fair, it is not done. That is about it. Thank you. SUPERVISOR RUSSELL: Would anyone else like to comment on anything issue that appears on the agenda? COUNCILMAN WICKHAM: Scott, can we put a question to our Highway Superintendent? Would it be conceivable to eliminate parking on just one side of Champlin Place? And provide the safe passage of vehicles and fire equipment and all of that? Peter Harris, Supt Highways SUPERINTENDENT HARRIS: Well, the one side of the street, Tom, like I said, we were requesting 160 feet. A good portion of the north side of the street is made up of the driveway entrance going into the convenience store, gas station, auto repair and then there is a driveway opening to go onto the property directly behind the building. The only waiver, and I can't speak for the Commission, okay, but the fact that when you have a business that has property and like I said, we are not looking to put anybody out of business or create a hardship but the fact of the matter is, there is significant room behind the repair shop building itself. They need, the person running the business needs to be able to use the property to his benefit to get his customers vehicles off the road. If that were the case, then on the area between the entrance to the driveway going into the repair and the entrance to go behind, put a 15 minute parking sign between that location on the north side but leave the no parking sign directly across the street. It's, like I said, no one from the Transportation Commission is trying to put a hardship on this business or businesses. I utilize, I get gas there, I use the convenience store. The fact of the matter is, the town highway is not supposed to be a staging area for the auto repair business. Use the property that you have directly behind the business. I don't have, 1 wouldn't have a problem from the highway standpoint and I probably would believe, you are on the Commission, by putting a 15 minute time span for parking, if someone needs to use the convenience store or stop in to make an appointment with the repair owner of the shop, that is fine. But the fact that, I am telling you, this road is heavily congested because there is parking and a lot of people don't park next to the curb, so they are sticking out into the road and it, it just make for a very dangerous situation. And this way, by having a 15 minute, I know Mr. Spanos spoke about school buses, September 22, 2009 Page 6 Southold Town Board Meeting Minutes this way here if someone needs to pick up a child, a 15 minute parking space, knowing that you can't park there more than 15 minutes, then there shouldn't be any cars parked over there. So I would concede to putting 15 minute parking on the north side but totally no parking on the south side. COUNCILMAN KRUPSKI: Pete? Pete, one question. I was going to suggest a different solution like Tom did. Eighty feet from the intersection instead of 160, just to keep the intersection clear, you know, completely clear. COUNCILMAN ORLANDO: No parking the first 80 feet. COUNCILMAN KRUPSKI: No parking the first 80 feet. And if you wanted to do 15 minutes on the north side for the business, that, 1 have no problem with that. And on the other side just 80 feet. MR. HARRIS: I think probably, Albert, the 80 feet, the area between the entrance going, you know, to pull into the station to where the driveway apron behind it probably would fall in that 80 feet. So I am even saying to let them be able to park from where the property, where the asphalt area in front of the building, between that to the driveway apron that leads in behind, let them be able to use that. But you know, it is your call. The Commission, like I said, this thing has been on the table for almost a year and a half. And again, no one is trying to put anyone out of business, okay? I mean the fact that you know, where there is an alternative area for parking for the business, 1 mean it is not like, you know, there is the business and there is no back lot or access or any place for them to be able to park. There is room in the back. Whether or not some of it could even be cleaned up more so they could even gain more room, that is up to the property owner. That is not up to me or the members of the Commission. It is just that this was a serious situation, this past summer and with the amount of traffic that they turn in off of Main Street and that is a direct, that is the direct route that they use to get down to the Gull Pond community, Sandy Beach and to the two large marinas, so. SUPERVISOR RUSSELL: Okay. James Spanos MR. SPANOS: What Mr. Harris said, as far as parking on one side. I think like Mr. Wickham requested if the problem is getting a fire truck in there, why can't one side of the street be left free? Like the side where the business is? If there is enough room on the other side for the truck to get through. If Mr. Harris' issue is getting a truck through, I am wondering why he wants to close both sides? I mean, I have seen Greenport Village during the Maritime festival and there is no way a fire truck can get down there or even Greenport Village if it is crowded. SUPERVISOR RUSSELL: Let's just .... MR. SPANOS: And one side of the street is parking and the other side isn't. So... SUPERVISOR RUSSELL: I appreciate all of that. Let's just, the history here is a request that was made, it has been reviewed thoroughly by the Transportation Commission. Peter is but one September 22, 2009 Page 7 Southold Town Board Meeting Minutes member. You know, I assume they have evaluated all of the circumstances and you know, there are three uses on one site with ample parking to meet those uses. I can't conceive of a gas station in this town with three uses that parking is allowed anywhere near it. They are required to host their business on site. It would certainly... MR. SPANOS: I have put in for permits many times, just recently that were disapproved for aprons, so I can put parking onto the property. The building department would look at it and put a disapproval on it right away and send it off to zoning. I mean, I have made attempts, many attempts to work with the building department and all I have gotten from members of the building department was shut down. I don't want to mention names. But this is, these are ongoing issues that I have had with the building department and a lot of people are aware of it and it is unfair, it has happened to another property of ours. I am not saying, Mr. Harris is definitely concerned with public safety and I am with him on that part of the fire truck being able to come down the street but I don't think both sides of the street should be shut off and if they are, allow us to make aprons there were people can park onto the property. Why would the building department disapprove of it when I try to put in for a permit? I mean, that is not working together and I will leave it at that. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address on any issue as it appears on the agenda? Benja Schwartz, Cutehogue BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. COUNCILMAN ORLANDO: Martin, before Benja starts, with that first resolution, what can we do to it since there .... SUPERVISOR RUSSELL: Pass it. TOWN ATTORNEY FINNEGAN: The public hearing is closed .... COUNCILMAN ORLANDO: Well, we can tweak it a little bit. How much can we do or can't do without reopening it? TOWN ATTORNEY FINNEGAN: Well, if you are talking about changing the .... SUPERVISOR RUSSELL: Can we have that discussion when we get to the items. We still have to get through the public component. MR. SCHWARTZ: Have to get the meeting started here. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And the agenda is hot stuff. I just picked it up and it is burning up from the copier. On my way here a half hour before the meeting, I looked on line and it still has the tentative agenda. September 22, 2009 Page 8 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: So, I apologize but I would like to just ask about an item that is on the agenda for discussion in the morning or was on the agenda for discussion in the morning. And I believe the Town Board agreed to act on. I don't know if they considered that action taken this morning or if they plan to act on it tonight. The Mattituck sewer feasibility study. SUPERVISOR RUSSELL: The Mattituck, what happened was we had a request or we had an offer that the county legislator would try to seek funds through Suffolk county for the sewer study that had been languishing for some years now as a result of requests and hamlet stakeholder initiatives. We substantially scaled back the area of study but then submitted today or we will submit a support, a letter of support looking for those funds. It would be for a sub- regional sewer system in and around only the Love Lane area. That is just a study to get some numbers on the table. But again, there is no allocation there, he would still have to get an allocation from Suffolk county. MR. SCHWARTZ: Who would have to get it? SUPERVISOR RUSSELL: That would be the county legislator Ed Romaine. MR. SCHWARTZ: Ed Romaine, okay. Well, I was at the meeting and I didn't quite understand, I think I heard that you, as a Board, are going to issue a letter of support for a study and I am in favor of studies but I just wanted to know really not just the area that would be covered but what was going to be studied. Would there be several alternatives and who would be doing the study? If it is the Suffolk county health department or the Suffolk County Water Authority you know, I don't know how concerned they are about Southold Town. SUPERVISOR RUSSELL: I don't think there is a Board member here that would cast its fate with the Suffolk County Department of Health. This would be an independent study that would yet to have been awarded because there is no money in place. We would go out and look for a bid. We had a scoping done some years ago by Chick Voorhees on what the needs of the study would be but it is as of yet un awarded because we don't know if funds would be available. All this is, is a request for funds. Not a request to complete a study or even perform the study. It is a request for funds from Suffolk county. MR. SCHWARTZ: So we will have another chance to... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Thank you. Thank you very much. UNIDENTIFIED: Is there a resolution or is just an... SUPERVISOR RUSSELL: No, that was just an agreement today that we send a letter of September 22, 2009 Page 9 Southold Town Board Meeting Minutes support. Would anybody else like to address the agenda? George AIderoft GEORGE ALDCROFT: George Aldcroft, you have to take a vote on whether or not you are going to approve the grant, if I am correct, on Goldsmiths Inlet? SUPERVISOR RUSSELL: Right. MR. ALDCROFT: Now it was interesting going through the environmental protection fund, the application, for the program and it was taken off because obviously it is going to be, at least this particular grant as I understand it, it is 50-50. Correct? And when I am taking a look at how the shares break down, like the salary and wages that I take a look there, normally you know, it says the town will have to come up with $111,000 so people may be concerned about voting for something that is going to cost the town that much money. If I am reading everything correctly, the salary and wages is, in other words these are people that are presently you are going to be paying in town with their wages anyhow, so we are not adding extra money into the budget it is just how we are allocating that money, so we are not (inaudible) say $50,000 extra, it seems the equipment you know may be the $18,000 when I move down to the other $44,000 something, this is all volunteer work that is going to occur... SUPERVISOR RUSSELL: That is right. MR. ALDCROFT: So basically it is the town is not going to be now spending .... SUPERVISOR RUSSELL: No. MR. ALDCROFT: .... an extra $111,000 .... SUPERVISOR RUSSELL: That is a good clarification. That is right. It is not a cash match sum award, where some grants are a cash match, this is an in-kind match which means we will be totaling the hours spent by Mark Terry, this Town Board, other people in town government, the Planning Department, the Trustees. Your volunteer time gets evaluated in terms of its financial contribution. And that is all of the in-kind that would be calculated and totaled to meet the $111,000. This is not one new dollar of spending in the town's budget. MR. ALDCROFT: That is what I thought. And I just want to make it clear in case there was anybody in the audience here who weren't sure when you are voting to spend another $111,000. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you very much. SUPERVISOR RUSSELL: That is an important point to make. Would anybody else like to address any more of the items on the agenda? Would anybody else like to go? Hearing none. September 22, 2009 Page 10 Southold Town Board Meeting Minutes V. Resolutions 2009-763 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit 9/22/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 22~ 2009. Vote Record - Resolution RES-2009-763 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krapski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [3 [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-764 CA TE GO R Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 10/6/09 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 6, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2009-764 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Initiator [] [] [] [] [] Rescinded Scoit Russell Voter [] [] [] [] 2009-761 Tabled 9/8/2009 7.'30 PM CA TEGOR Y: Enact Local Law DEPARTMENT: Town Clerk Enact LL - No Parking Champlin Place September 22, 2009 Page 11 Southold Town Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August, 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" 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 Boar of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport" reads as follows: LOCAL LAW NO. 12 of 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street~ Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Champlin Place South In Greenport, on the b~th South sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. September 22, 2009 Page 12 Southold Town Board Meeting Minutes 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-2009-761 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rulmd Initiator [] [] [] Fl [] 'Fabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] Next: Oct 6, 2009 7:30 PM Comments regarding resolution 761 COUNCILMAN RULAND: Given the amount of discussion we have, 1 would move that we table this. There was something that I only recently thought of that I don't know if the Transportation Commission has the information but are there any pictures to show a typical day, week, month in this area? That would be something that might be interesting to look at. COUNCILMAN WICKHAM: I second the motion to table it. SUPERVISOR RUSSELL: Can we have a roll call vote on the tabling? Or should I just...you want to reopen the hearing? TOWN ATTORNEY F1NNEGAN: 1 would think there is enough on the table, we should reopen this hearing. Roll call vote SUPERVISOR RUSSELL: No, more than enough time has been spent on this issue. JUSTICE EVANS: Now can I make a motion to reopen the hearing and make the comments part of the hearing? And should we leave it open until we have it on the agenda next or should I close the hearing after those comments? COUNCILMAN ORLANDO: Well, we should close it then. September 22, 2009 Page 13 Southold Town Board Meeting Minutes JUSTICE EVANS: But make those comments tonight part of the hearing that we had? COUNCILMAN KRUPSKI: Probably. COUNCILMAN WICKHAM: I second that motion. 2009-7611 CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Re-Open P.H. LL Champlain Pl Gpt RESOLVED that the Town Board of the Town of Southold hereby re-opens the public hearing on "A Local Law in relation to No Parking on Champlain Place and Main Street~ Greenport" in order to incorporate the comments into the record made at today's Town Board meeting on September 22, 2009. Vote Record - Resolution RES-2009-761 I [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder I~ [] [] [] [] Supe~visor's Appt Louisa P. Evans Initiator I~ El [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-765 CA TEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to The Knights of Columbus, Marian Council, No. 3852 to Use Roads for Its Right to Life March in Cutchogue, on Saturday, October 17, 2009 Fiscal Impact: Event cost from Police $68. 76 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Knights of Columbus~ Marian Council~ No. 3852 to use the following roads for its Right to Life March in Cutchogue~ on Saturda¥~ October 17~ 2009 beginning at 11:45 AM: east on Main Road from Sacred Heart Church parking to Depot Lane, north on Depot to Sacred Heart Cemetery provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of September 22, 2009 Page 14 Southold Town Board Meeting Minutes 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-2009-765 1~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Initiator gl [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supetvisor's Appt Thomas H Wickham Voter [] [] [] [] Louisa P Evans Voter [] [] [] [] [] 'fax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-766 CA TEGOR Y: Close/Use Town Roads DEPARTMENT: Town Clerk Relay for Life-2010 Fiscal Impact: Cost Analysis from Police $1876.64 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Cancer Society (Dawn Heard-representative) to use all of Jean Cochran Park on June 5 - June 6~ 2010 (from 8:00 a.m. on 6/5/10 - 10:00 a.m. on 6/6/10). This is an overnight event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Vote Record - Resolution RES-2009-766 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Initiator [] [] [] [] Thomas Fl. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appl Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] Comments regarding resolution 766 COUNCILMAN ORLANDO: I would like to commend Dawn, this is I believe, her third year for chairing this event. It is a great local event for cancer. I just want to thank you Dawn. 2009-767 CATEGOR~ DEPARTMENT Close/Use Town Roads Town Clerk CNS Historical Council Close Cases Lane September 22, 2009 Page 15 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutehogue-New Suffolk Historical Council's A day of Family Fun and History" on the Cutchogue Village Green~ and to close Cases Lane from Route 25 to Fairway Drive~ on Saturday, September 26, 2009 from 11:00 A.M. to 4:00 P.M., 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 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-2009-767 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Alberi Krupski Jr. Voter [] [] [] [] Fl Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-768 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Permanent Appointment Damon Rallis WHEREAS the Town Board of the Town of Southold has provisionally appointed Damon Rallis to the position of Zoning Inspector effective March 11, 2009 and WHEREAS Damon Rallis has taken and passed the Civil Service examination for Zoning Inspector, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Zoning Inspector, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Damon Rallis to the permanent position of Zoning Inspector from said List of Eligible's, now therefore be it September 22, 2009 Page 16 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby appoints Damon Rallis to the position of Zoning Inspector from the Suffolk County Department of Civil Service List of Eligible's effective September 22, 2009 with no salary change. Vote Record - Resolution RES-2009-768 [] Adopted Yes/Aye No/Nay Abstain Absent [2] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] 13 [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H Wickham Initiator [] [] [] [] 13 Supervisor's Appt Louisa P Evans Seconder [] [] [] 13 [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-769 CATEGOR~ DEPARTMEN~ Employment - Town Town Clerk Permanent Appointment Vicki Toth WHEREAS the Town Board of the Town of Southold has provisionally appointed Vicki Toth to the position of Building Permits Coordinator effective June 30, 2008, and WHEREAS Vicki Toth has taken and passed the Civil Service examination for Building Permits Coordinator, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Building Permits Coordinator, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Vicki Toth to the permanent position of Building Permits Coordinator from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Vicki Toth to the position of Building Permits Coordinator from the Suffolk County Department of Civil Service List of Eligible's effective September 22, 2009 with no salary change. September 22, 2009 Page 17 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-769 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted ~s Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [3 Rescinded Scott Russell Voter [] [] [] [] 2009-770 CATEGOR~ DEPARTMEN~ Budget Modification Accounting Budget Modification for Lightpath Project Fiscal Impact: Provide an appropriation for equipment and installation of equipment for data/voice/internet connectivity for Town Hall. Town Hall Annex. Police Headquarters, Highway. Human Resource Center, Recreation Center and Solid Waste.facility. Completion qf this project ia' expected to save the Town about $4.000 per month after lhe phase in qf the new service from Lightpath and satisfi~ction qf the Town's obligations to Verizon for the currently existing services (ending April. 2010d. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A. 1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 40,000 To-' A.9901.9.000.100 Transfers to Other Funds Transfer to Capital Fund $ 40,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes the following Capital Proiect in 2009 Capital Fund: Capital Project Name: Lightpath Upgrade Financing Method: Budget: Transfer from General Fund Whole Town Revenues: H.5031.90 Transfers from Other Funds $ 40,000 September 22, 2009 Page 18 Southold Town Board Meeting Minutes Appropriations: H.1680.2.200.300 Central Data Processing Equipment & Capital Outlay Data Services Lightpath Project $ 40,000 Vote Record - Resolution RES-2009-770 g] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr Seconder [] [] [] [] [] Withdrawn I'homas H. Wickham Voter [] [] [] [] [] Supervisor's Appl Louisa P Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Vnter [] [] [] [] 13. Comments regarding resolution 770 COUNCILMAN ORLANDO: Basically what this is, is we are coming into the 21st century. We are going to be part of the triple play here, with data, voice and intemet through Lightpath, so we had to buy some equipment so we can accommodate these services coming to the town. JUSTICE EVANS: You also might want to mention that in the future it is going to save us $4,000 a month by making this switch. COUNCILMAN KRUPSKI: That is the important part. 2009-771 CATEGORD DEPARTMENT: Budget Modification Town Clerk Budget Modification - Land Management Fiscal Impact: No budget line for Ce#phone in the Land Management Coordination Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A. 1989.1.100.200 Overtime Earnings $400.00 To: A. 1989.4.200.200 Cellular Service $400.00 September 22, 2009 Page 19 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-771 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Willimn Rul~ld Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scoil Russell Voter [] [] [] [] 2009-772 CA TE GO R Y: DEPA R TMENT: Attend Seminar Accounting Permission to Attend Civil Service Seminar in Haup RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Cushman and Accounting Personnel (1) to attend a seminar on Civil Service issues in Hauppaugue on September 23~ 2009. All expenses for registration and travel to be a legal charge to the 2009 Accounting budget (meetings and seminars). Vote Record - Resolution RES-2009-772 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski J[. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter gl [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator gt [] [] [] [] Rescinded S¢oit Russell Voter [] [] [] [] 2009-773 CA TE GOR Y: DEPARTMENT: Special Events Town Clerk Eastern Outboard Racing Club to Hold a Regatta on Hashamotnack Pond and Waive "Permit" Parking Regulations at that Location on Sunday, October 18, 2009 Fiscal Impact: STPD cost for event = $192.96 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Eastern Outboard Racing Club to hold a regatta on Hashamomack Pond and waive "permit" parking regulations at that location on Sunda¥~ October 18~ 2009 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured; pay a Special Events fee of $100; a remuneration fee of $192.96 for police coverage; and a $250 clean up deposit (deposit to be returned after event upon September 22, 2009 Page 20 Southold Town Board Meeting Minutes recommendation of Captain Flatley of the Southold Town Police Department; separate check required for cleanup deposit), and make a good faith effort to notify neighbors on Hashamomack Pond in advance of the event. Applicant must contact Captain Flatley to coordinate various aspects of the event. Support is for this year only as the Southold Town Board continues to evaluate the use of town facilities. Vote Record - Resolution RES-2009-773 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] 13 Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H Wickham Initiator [] 1:21 [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver*s Appt [] Rescinded Scott Russell Voter [] [] [] [] 17. Comments regarding resolution 773 SUPERVISOR RUSSELL: As a point of clarification, they are probably a wonderful outfit, this organization but we couldn't think of a less appropriate location for an outboard powerboat racing event than Hashomomaque pond and there is just no facility there to handle traffic or anything else. 2009-774 CATEGOR~ DEPARTMEND Grants Land Preservation NOAA Grant Agreement Re: Stackler WHEREAS, pursuant to a Grant Agreement NA08NOS4190479 entered into between the Town of Southold and the National Oceanic and Atmospheric Administration in which the Town will be provided with financial support from the Coastal and Estuarine Land Conservation Program (CELCP) for the Town's acquisition of the properties formerly and more commonly known as the "Stackler" properties (SCTM #1000-45.-5o7.1 & 7.2, 1000-47.-2-33 & 34, and 1000-53.-1- 18). Said properties will be maintained in perpetuity for conservation purposes and consistent with any other purposes identified in the Grant Agreement. The Town confirms its obligations with regard to these properties and the terms of the Grant Agreement, and acknowledges that it may not dispose of, exchange, encumber its title or other interest in, or convert the use of the properties without the approval of the National Oceanic and Atmospheric Administration or its successor agencies; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs September 22, 2009 Page 21 Southold Town Board Meeting Minutes Supervisor Scott A. Russell to execute a Notice of Grant Agreement and Deed Restrictions on property formerly and more commonly known as the "Stackler' properties (SCTM #1000-45.-5-7.1 & 7.2~ 1000-47.-2-33 & 34~ and 1000-53.-1-18) that were acquired by the Town pursuant to Grant Agreement NA08NOS4190479 between the Town of Southold and the National Oceanic and Atmospheric Administration - Coastal and Estuarine Land Conservation Program funds. Upon its execution, said Notice of Grant Agreement and Deed Restrictions will be forwarded to the Office of the Suffolk County Clerk for recording purposes. Vote Record - ResoLution RES-2009-774 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krapski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-775 CA TEGOR Y: DEPARTMENT: Grants Land Preservation NYS Ag & Mks Grant C800753 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute New York State Department of Agriculture and Markets Contract C800753 in connection with Agricultural and Farmland Protection Implementation Grant in the amount of $530,459 for the term May 13, 2009 through November 12, 2013, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2009-775 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Seconder [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] 13 [] [] Tabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 20. Comments regarding resolution 775 COUNCILMAN KRUPSKI: And it should be noted those last two grants, the one Vinnie just read, is for a matching fund for farmland preservation and the before that, that Bill read about the September 22, 2009 Page 22 Southold Town Board Meeting Minutes Stackler property, was a significant fund. I believe over $1,000,000 for purchase of open space along the bay there in Pipes Cove. So these are, thanks to Melissa Spiro our Land Preservation Coordinator, we are really receiving some much needed funding for these programs. 2009-776 CA TE GO R Y: DEPARTMENT: Attend Seminar Accounting Permission to Attend NYSHIP Seminar Accounting Dep RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Cushman and another to attend a New York State Health Insurance Program (NYSHIP) Regional Meeting in Hauppauge, New York on Thursday~ October 22~ 2009. All expenses for registration, travel to be a legal charge to the 2009 Accounting Department budget (meetings and seminars). Vote Record - Resolution RES-2009-776 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rult~d Voter [] [] [] [] Fl Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski .Ir Initiator [] [] [] [] [] Withdrawn Thomas tt Wickham Voter [] El [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-777 CATEGOR~ DEPARTMEND Employment - FIFD Accounting Salary Increase for Deckhand Robert Craft WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 16, 2009 meeting to increase the salary of Deckhand Robert Craft to $11.00 per hour as a result of his obtaining his Captains license. The increase is to be effective retroactive to September 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 September 22, 2009 Page 23 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Deckhand Robert Craft to $11.00 per hour effective retroactive to September 1, 2009. Vote Record - Resolution RES-2009-777 gl Adopted Yes/Aye No/Nay Abstain Absent [] Adopted ~s Amended William Rulmd Voter gl [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H Wickham Seconder [] [] [] [] [] Tax Receiver's Appt I.ouisa P Evans Iniliator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-778 CATEGOR~ DEPARTMENT: Grants Planning Board Authorize the Planning Department to Apply for the Local Waterfront Revitalization Program Environmental Protection Fund 2009-2010 Grant to Develop and Implement the Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet with Local Match Not to Exceed $ l I l, 440. 88 in In-Kind Services, Equipment and Other (Volunteer Servicers9 WHEREAS, the Town Board authorized the Planning Department to develop the Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet and submit the plan to the Local Waterfront Revitalization Program Environmental Protection Fund 2009- 2010 Grant, and WHEREAS, the Local Waterfront Revitalization Program Environmental Protection Fund 2009- 2010 Grant requires 50% local match of the total amount requested $222,881.76, and WHEREAS, the 50% local match totals $111,440.88 and is comprised of in-kind services, equipment and other (volunteer services), and WHEREAS of the $111,440.88 the New York State Department of State will reimburse 100% of the expenditures over the term of the grant, therefore be it RESOLVED, that the Town Board of the Southold Town Board authorizes the Town of Southold Planning Department to apply for the Local Waterfront Revitalization Program September 22, 2009 Page 24 Southold Town Board Meeting Minutes Environmental Protection Fund 2009-2010 Grant to develop and implement the Work Plan to Assess~ Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet with Local match not to exceed $111,440.88 in in-kind services~ equipment and other {volunteer services?. I. Budget Summary ~g~get~alego~ :: State~ss~stance:; ::Loca!Share + :~o~al-: Salaries and Wa ges 48,999.50 $48,999.50 Travel Supplies and Materials 1,800.00 $1,800.00 Equipment 18,144.76 $18,144.76 Contractual Services 44,250.00 $44,250.00 Community Seminar Series 248.00 $248.00 Other (volunteer services) 65,142.88 44,296.62 $109,440.00 Total 111,440.88 111,440.88 $222,881.76 Vote Record - Resolution RES-2009-778 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rultmd Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [2] [] [] [] Supervisor~s Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 24. Comments regarding resolution 778 SUPERVISOR RUSSELL: l just would like to personally thank Mark 'Ferry who brought this together. We gave him the task of coming up with a watershed management plan for Goldsmiths Inlet. He not only did that, he found funds to help us pay for it and I also want to thank you as the community shepherds down them to see that this gets done. I will tell you, every time you go past there now, you are part of the in-kind. You are on the clock every time you pass there. 2009-779 CA TE GO R Y: DEPARTMENT: Landfill Misc. Solid Waste Management District September 22, 2009 Page 25 Southold Town Board Meeting Minutes Authorize the Acceptance of Residential Brush and Tree Limbs at the Compost Facility in Cutchogue Free of Charge for the Period November 1 - December 31, 2009 RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential brush and tree limbs at the Compost facility in Cutchogue free of charge for the period November 1 - December 31~ 2009. Vote Record - Resolution RES-2009-779 [] Adopted Yes/Aye Nh/Nay Abstain Absent [] Adopted as Amended William Ruland Indialnr [] 121 [] [] [] Delbated Vincenl Orlando Seconder [] [] [] [3 [] Fabled [] Withdrawn Albert Kmpski Jr Voter [] [] [] [] [] Supcrvisor's Appt Thomas H, Wickham Voter I~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 26. Comments regarding resolution 779 COUNCILMAN ORLANDO: And the reason why we are doing this for an extended period of time is there is no fall debris pick-up. Just leaf pick-up in recyclable paper bags. There are no branches or trees picked up this fall. Just leaves and bags. So we extended the hours of bringing in your debris to the landfill at no charge. 2009-780 CATEGOR~ DEPARTMEN~ Budget Modification Human Resource Center Budget Modification HRC Fiscal Impact: Modification ofj~bnds within the Personal Services/Full Time Employees RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.100.200 Overtime Earnings To: Appropriations: A.6772.1.100.300 Programs for the Aging Personal Services Full- Time Earnings Personal Services Full -Time Earnings Vacation Earnings $425.00 $425.00 September 22, 2009 Page 26 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-780 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [~ [] [] [] [] Defeated [] Tabled Vincent Orlando Initiator [~ [] [] [] [3 Withdrawn Albert Krupski Jr Seconder [] [] [] [] [] Supervisors Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter ~ [] [] [] [] Rescinded Scott Russell Voter ~1 [] [] [] 2009-781 CA TEGORY: Employment ~ Town DEPARTMENT: Human Resource Center Hire FT Food Service Worker HRC Fiscal Impact: This is filling an existing [bnded position. RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffrey R.Knight to the position of full-time Food Service Worker for the senior nutrition program at the Human Resource Center, effective September 24, 2009, at a rate of $25,917.12 per annum. Vote Record - Resolution RES-2009-781 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Seconder g~ [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Initialor [] [] [] [] [] Snpcrvisor's Appt Thomas H. Wickham Voter ~ [] [] [] [] 'lax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-782 CA TEGOR Y: DEPARTMENT: Grants Planning Board Authorize the Town of Southold Planning Department to Apply for the Environmental Protection Fund Local Waterfront Revitalization Program 2009-2010 Grant Proposal Entitled Implementing and Advancing the Town of SouthoM Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Study H WHEREAS, the Town Board authorized the Planning Department to prepare a grant proposal to help fund the Comprehensive Plan Update, and submit it to the Environmental Protection Fund Local Waterfront Revitalization Program 2009~2010 Grant, and September 22, 2009 Page 27 Southold Town Board Meeting Minutes WHEREAS, the total amount of the grant proposal is $137,136, fifty percent (50%) of which will be reimbursed by the New York State Department of State, and WHEREAS, the term of the grant is September 2009 through September 2012, and WHEREAS, the Environmental Protection Fund Local Waterfront Revitalization Program 2009- 2010 Grant requires 50% local match of the total amount requested, and WHEREAS, the 50% to be matched by the Town totals $68,568 and is comprised of in-kind services, equipment, and other (volunteer services) expended over the term of the grant, therefore be it RESOLVED, that the Town Board of the Southold Town Board authorizes the Town of Southold Planning Department to apply for the Environmental Protection Fund Local Waterfront Revitalization Program 2009-2010 Grant proposal entitled Implementing and Advancing the Town of Southold Local Waterfront Revitalization Program through the Implementation of the Town of Southold Hamlet Study II to be met with fifty percent match by the Town not to exceed $68,568 of in-kind services and other (volunteer services). Grant Budget Summary Budget Category State Local Total Assistance Share Salaries and Wage s $9,551 $55,853 $65,404 Travel $2,387 $2,387 Supplies and Materials $9,430 $9,430 Equipment $ ! 0,000 $7,000 $17,000 Contractual Services $32,200 $32,200 Community Seminar Series $5,000 $5,000 Other (volunteer services) $5,715 $5,715 Total II $68,5681 $68,568 II September 22, 2009 Page 28 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-782 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Pabled Albert Krupski .Ir Voter [] [] [] [] [] Withdrawn [3 Supervisor's Appt 'l'hom~s H Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-783 CA TEGOR Y: Budget DEPARTMENT: Accounting Cash Advance to Solid Waste District RESOLVED that the Town Board of the Town of Southold hereby authorizes temporary cash advances ag_gregatin_g no more than $300,000 from the General Fund Whole Town to the Town of Southold Solid Waste Management District in accordance with General Municipal Law, Section 9-a. Vote Record - Resolution RES-2009-783 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] Thomas lq Wickham Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-784 CA TE GO R Y: DEPARTMENT: Tax Lien Town Clerk Fishers Island Sewer District Rent Owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in lhe Amount of $2421.56 for the Year of 2009 Which Rent Remains Unpaid, Shall be Levied Against the Real Property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Carolyn Juleen Doher~. and Thomas F. Doherty~ Jr. in the amount of $2421.56 for the year of 2009 which rent remains unpaid~ shall be levied against the real property of Carolyn and Thomas F. Doherty~ Jr. (Carolyn September 22, 2009 Page 29 Southold Town Board Meeting Minutes Juleen Doherty SCTM #1000-12-1-2h and shall be collected at the same time and in the same manner as Town taxes. Vote Record - Resolution RES-2009-784 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter gl [] [] [] [] Withdrawn Thomas H Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P Evans Voler [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 32. Comments regarding resolution 784 COUNCILMAN WICKHAM: I am voting against this resolution. Mr. Doherty is a public official and I don't think it is appropriate for the Town to be having to be acting as a collection agent. JUSTICE EVANS: Just a correction, he is not a public official. SUPERVISOR RUSSELL: He is not an official of the Town but he is a public official in that he works for a special district. JUSTICE EVANS: He is a manager, a business manager hired by the special district. 2009-785 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Postage Machine Lease Renewal RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a lease agreement between Innovative Mailing & Shipping Systems for the rental of their postage machine IM460 with 30 lb scale and a Model Meter LTFY 116 for a period of sixty (60) months beginning on date of installation in October 2009 through October 2014, in the amount of $295.00 per month, all in accordance with the approval of the Town Attorney. September 22, 2009 Page 30 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-785 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter ~ [] [] [] [] Defeated Vincen~ Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Seconder [] [] [] [] [] Supervisor's Appl Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P t/vans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-786 CATEGOR~ DEPARTMENT: Employment - Town Human Resource Center Hiring FT Asst. Cook /HRC Senior Nutrition Program Fiscal Impact: Filling existing vacancy for FT Assistant Cook at the Human Resource Center. This position is essential for operation of our Senior Nutrition Programs for the Town of Southold. RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of a Full-Time Assistant Cook for the Department of Human Services/Senior Nutrition Programs, effective September 23, 2009 at a rate of $32,401.23 per annum. Vote Record - Resolution RES-2009-786 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Inittalor [] [] [] [] [] Supervisor's Appl Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scotl Russell Voter [] [] [] [] 2009-787 CATEGOR~ DEPARTMEN~ Property Acquisition Public Hearing Land Preservation Set Tuesday, October 6, 2009 at 7.'34 P. 3~, Southold Town Hall, 53095 Main Road Southold, New York as the Time and Place for a Public Hearing for the Purchase o fa Development Rights Easement on Properly Owned by Marratooka North, LLC RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 6~ 2009 at 7:34 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a develor~ment rights easement on property owned by Marratooka North~ LLC. Said property is identified as part of SCTM # 1000-115.-2-6. The address is 17405 NYS Route 25. The property September 22, 2009 Page 31 Southold Town Board Meeting Minutes is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.54- acres (subject to survey) of the 22.50+ acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 17.54- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2009-787 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] E1 Defeated Vincent Orlando Voter [] [] [] [] [] fabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt fhomas H, Wickham Seconder I~ [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-788 CA TE G O R Y: DEPARTMENT: Support/Non-Support Resolution Town Attorney Matlituck Park District Supporl Letler RESOLVED that the Town Board of the Town of Southold supports Assembly Bill A-08368/Senate Bill 5899, which relates to the election of park commissioners of the Mattituck Park District by amending the law so that more than one woman can run or serve as park commissioner and permitting all resident taxpayers, regardless of property ownership, the right to vote on matters concerning the Park District and hereby authorizes and directs Supervisor Scott A. Russell to execute a letter in support, subject to the approval of the Town Attorney. September 22, 2009 Page 32 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-788 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [3 Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-789 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Amend Resolution #2009-684 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution//2009- 684~ adopted August 11~ 200% to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Poliee Radio Agreement between the Town of Southold and the Town of Shelter Island regarding receiving and dispatching radio transmissions on behalf of Shelter Island Town by the Town of Southold at its radio base station, whereby the Town of Shelter Island agrees to pay the Town of Southold the sum of $~7fi. 72.00 $43~473.00 for 2009, with annual increases consistent with CPI. Vote Record - Resolution RES-2009-789 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] 12 Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-790 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute a Contract with PhoneReview RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs September 22, 2009 Page 33 Southold Town Board Meeting Minutes Supervisor Scott A. Russell to execute a contract with PhoneReview to audit the town's telephone billing charges and, if any errors are found, PhoneReview will negotiate with the carrier to have the errors eliminated and obtain a refund or credit for the period of time the error existed; fee is 50% of the amount of past overcharges credited to and collected by the town, no fee if there is not a refund or credit, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2009-790 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [3 [] [] [] Defeated Vincent Orlando Indiator [] [3 E] [] [] Tabled [3 Withdrawn Albert Krupski Jr Seconder [] [] [] [] [3 Supervisor's Appt Thomas H Wickham Voter [] [] [] [] [] r['~x Receiver's Appl Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-791 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk LI North Shore Heritage Area (LINSHA) Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Chris Kempner as the Town of Southold's Representative on the {LINSHA) Long Island North Shore Heritage Area Commission~ effective immediately. Vote Record - Resolution RES-2009-791 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted ~ Amended William Ruland Voter [] 13 [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Initiator [] [] [] [] [] Supcrvisor's Appt Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-792 CATEGOR~ DEPARTMEN~ LL Wireless Local Law Public Hearing Town Attorney WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009 a Local Law entitled "A Local Law in September 22, 2009 Page 34 Southold Town Board Meeting Minutes Relation to Amendments to Wireless Communications Facilities" and 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 20th day of October, 2009 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Wireless Communications Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. STRUCTURE - An assembly of materials, Ibrming a construction framed of component structural parts for occupancy or use, including buildings antenna support structures, and small wind energy systems. WIRELESS COMMUNICATION 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 §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 September 22, 2009 Page 35 Southold Town Board Meeting Minutes Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities, to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The goals of the following sections are to accomplish the following: (1) 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; (2) 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 Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. §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 (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 s~mflar commumcat~on purposes, ~nclu&ng ...... vv ...... ~ ............... ~ ..... ~ ~ monopoles. Lattice and guyed towers are not permitted antenna support structures. 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 September 22, 2009 Page 36 Southold Town Board Meeting Minutes on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility e.g. water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- 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 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). 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. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification sh 11 i 1 d di i d fi d h i lt'/f~Al4u~':.... h~ll 1~ ~I~:4e~A ~ a not ncu eor nary ma ntenance, as e ne eren ..................................... September 22, 2009 Page 37 Southold Town Board Meeting Minutes 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 roofofa building. B. SIDE-MOUNTED - Mounted on the side ora 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 of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED - Mounted within a building or other structure so that antennas are not visible from the outside. F. GROUND-MOUNTED - Mounted on the ground. profile the 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 including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. September 22, 2009 Page 38 Southold Town Board Meeting Minutes 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), Enhanced Specialized Mobile Radio (ESMR) Service, and paging service. §280-70. General requirements for all wireless communication facilities. 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. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval unless listed as exempt in (}280-71 "Required Approvals" except in cases of ordinary maintenance, as defined in §280-69. A.C. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. 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. t~.D. Guyed or lattice antenna support structures are prohibited. __ G.E. Antenna support structures shall not be located in the following areas: ~(1) Lands purchased with Community Preservation Funds; (6)(2) Designated parkland. O.F. Fall Zones. An antenna suppo~ structure must include an area su~ounding ii that is free of other structures and areas where people conaregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller hll zone may be allowed if supported bva repo~ submitted September 22, 2009 Page 39 Southold Town Board Meeting Minutes by a qualified structural engineer, and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. 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. Federal Aviation Regulations. All towem wireless facilities shall comply with applicable airport and/or air space 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. t~.H. Antenna support structures in the zoning districts: LI, LIO, MI, MII, B, and HB, are subiect to the following restrictions: (1) Minimum lot size: k L! L!© E & HE in accordance with the bulk schedule for each zone (2) Maximum Height: 80 feet (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. __G.I. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD zoning districts, are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 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 280-76; 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. 14.J. Radio emissions must fall within the Maximum Permissible Exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the September 22, 2009 Page 40 Southold Town Board Meeting Minutes 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. At the request of the Building Inspector, which o,,~.,ol~ll I.~uv ....... --.~ .....,. c..~,~.,..,lg than .... ~ .... ~ .... , .... v ....... owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. (1) 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: Setbacks. Antenna support structures 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, tmless otherwise indicated elsewhere in this chapter. 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. Base equipment shelter. For newly constructed wireless facilities, September 22, 2009 Page 41 Southold Town Board Meeting Minutes 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. 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 adiacent off-street parking spaces may be provided for service vehicles. Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. 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. §280 79 71. A----,:..k:u. ..... :,,.a ..... Required approvals. d in All wireless facilities and modifications thereto require a building permit, site plan approval and special exception approval except in cases of ordinary maintenance as defined in §280-69. Building Permit Required. (_I) All applications for a building permit shall comply with §280-70 General Requirements for all wireless communication facilities and §280-74 Application September 22, 2009 Page 42 Southold Town Board Meeting Minutes (2) (3) Requirements. Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval · · ~-c ..... ,~ e~;~ '~on 70 and and special exception a_Eproval ~f it falls in one of the following two categories: (a) 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 following reqmrements i. 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 site plan approval; and ii. Base station equipment 1. Located within an existing shelter or building, not to be expanded beyond an additional ten percent of floor area; or 2. Located in an underground vault, with any above-ground components screened from view with evergreen planting; o_r 3. 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. 4. Noise from base equipment, including any backup Renerator, measures less than 45dB at the nearest property lines of all adjacent residences; or (_b) Ma.}ar Modification, as defined in ~280-69, 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 following requ,rements i. 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 September 22, 2009 Page 43 Southold Town Board Meeting Minutes ii. are mounted; and Base Station Equipment (as specified above in 280-71 A(2)(a)(ii) Site Plan Approval Required: (1) All applications for site plan approval shall comply with §280-70 General Requirements for all Wireless Communication Facilities and §280-74 Application Requirements. (2) A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to Section 280-70 and falls in one &the following two categories: (4)(a) 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 hich confo to the .....: ......~ r ..... :.~,~ .... ;~ ~,~o~ 72 following requirements: i. Roof-mounted facilities shall conform to the following ii. requirements: 1. Visual impact minimized to the greatest extent possible; 2. Height limited to no more than t 0 feet above the highest point of the building; and Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and iii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii); o~r (~)(b) ,,~,j,,~a~;~ Modification, as defined in §280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, L10, B, HB, MI, or MIl zoning districts and causing a visible change to the exterior, and which conforms to the following requirements_.' for permitted use in §280-72. i. 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; and ii. Base Station Equipment (as specified above in 280-71 A(2)(a)(ii). Special exception. All applications for special exception shall comply with the standards in 6280-70 General Requirements for all Wireless Telecommunication Facilities and §280-74 Application Requirements. Text of former §280-71 and amendments moved to §280-70 of this Amendment. September 22, 2009 Page 44 Southold Town Board Meeting Minutes Text of former §280-72 moved to §280-71 of this Amendment. §280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in §280-70 herein, 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 that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building fagade, shall be flush mounted and painted or otherwise treated to blend with the fagade. (2) (3) (4) (5) (6) When a wireless communication facility extends above the roof height of a building on which it is mounted, every eftbrt 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. Access. Access to wireless facilities shall be from already established site access points whenever possible. 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. 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. 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. 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 September 22, 2009 Page 45 Southold Town Board Meeting Minutes (7) (_8) of trees within a 300' radius of the proposed location, or 35' maximum in the absence of trees. Color. Antenna support structures in the form ofmonopoles 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. Wireless facilities sited within new structures meant to mimic some other (_9) (10) structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adjacent to residential zones. Where the site proposed for an 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 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. Commercial and industrial siting. Antenna support structures 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 antenna support structure. {}280-7_33. Special exception approval. September 22, 2009 Page 46 Southold Town Board Meeting Minutes Authority. For the purposes of this section, notwithstanding Article XXV of the Scuthc!d Town Code this Chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this Standards. In addition to the standards in Article XXV of this Gode-Chapter, 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. Matters to be considered. In addition to the matters to be considered in Article XXV of this 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 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. September 22, 2009 Page 47 Southold Town Board Meeting Minutes __C ........... Expiration. (¢-) 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 {}280-74. Application requirements. Fees. The following fees are in place of those required in other sections of the code. (1) Building Permit Application Fees il.a. Major modification $500 iii.b. New facility $750 (2) Site Plan Application Fees i.a. Major Modification. $1000 ii.b. New facility $2000 (3) Special Exception Application Fee $1000 (4) by i In Review ndependent consultants. a. Upon the Planning Board's determination that referral to the Planning September 22, 2009 Page 48 Southold Town Board Meeting Minutes Board's consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Town Planning Director. Upon the determination that any application shall be subject to the Town's review aided by consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ½ of its initial amount, the Planning Board shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Committee. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the reviewing Board may suspend its review of 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. Building Permit Application (1) The following application requirements are in addition to those required in §144-8 (C). Written analysis demonstrating the project complies with the Maximum Permissible Exposure regulations in accordance with § 280-70(J). Written documentation as to the facility's structural compliance with local, State and Federal Codes. 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. 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. A 'gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map September 22, 2009 Page 49 Southold Town Board Meeting Minutes demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be 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. f. Digital files of the propagation and gap maps, including attribute information, in a Geographic Information System (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. g. 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. h. Other information deemed necessary to assess the compliance with this law. 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 (2) C. Site The (1) (2) (3) Plan Application. following application requirements are in addition to those required in §280-133: Seven copies or,terns a c !istc~ abc;'c at ~2SO 72E(!) the completed Building Permit Application required under §280-73(B). Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. Visual Impact Analysis - renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10)Distances between the proposed facility and the following: a. the nearest residential structure, b. the nearest property line with a residential use, September 22, 2009 Page 50 Southold Town Board Meeting Minutes c. all other structures. d. Roads, rights of way, driveways (11) Fall zone radius and distance (12) Proposed means of access (13) 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. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this law. 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 of this Chapter: (1) (2) (4)(3_) Each application shall include: a. One copy of the building permit application b. One 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. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. ......... ~ · -.~---~.. · ~-J, ...... . ....... o ......year the 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, September 22, 2009 Page 51 Southold Town Board Meeting Minutes 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. ^ (8)(~) The applicant must also explain in ~iting to the Pl~ing Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for collocation, ~d the extent to which the applicant has explored locating the proposed hcility in a more intensive use district. Co~espondence with other telecommunication providers concerning collocation is pan of this requirement. The applicant shall also provide evidence supposing 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 hcility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. §280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to § 170 Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. September 22, 2009 Page 52 Southold Town Board Meeting Minutes Text of former §280-76 moved to §280-71 (M) of this Amendment. §280 77 76. Removal and height reduction. __ 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 or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this Article. In the case ora wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed · · · g [ ...1+1-, +1,. ......... I ~e+l.,~ q~ ..... within the said 90 days, the Bmld~n nspectors may, . .......... vv ................. ~,-,~,*,u~n"~ give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense..t~ ..... , hr ~ ~:.~ -~ .......... ~ ccmm',:nicatian faci!!ty under t~[g e~3c!e. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute alien upon such land. lfthe owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to insure the proper decommissioning of wireless communication facilities within the entire September 22, 2009 Page 53 Southold Town Board Meeting Minutes Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law §64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. §280 7~ 77.· n~,v..~v...v.r"-~;......~, ....... wo~o. Pre-existing antenna support structures and antennas. Pre-existing transmission support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subiect to the conditions of that permit. Preexisting transmission support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this Chapter, prior to the adoption of this article, shall not be eligible for an,/new approvals until the preexisting transmission support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmission support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. §280-¢9 78. [ ......... ] Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if they find that the goals and stated purposes of this law are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70 H (2). Maximum Height: 80 feet (1) In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify 80 foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant September 22, 2009 Page 54 Southold Town Board Meeting Minutes must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-70 H (3). Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. (1) This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72 A (6). Scenic landscapes and vistas. (1) The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70 M (1) d. Base landscaping. (1) The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72 A (9) Antenna support structures in or adjacent to residential zones. (1) If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76 B. Pre-existing antenna support structures and antennas not in compliance (1) The provision requiring pre-existing non-conforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those pre-existing facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. {}280-8079. 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. {}280-8t80. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. September 22, 2009 Page 55 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-792 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rul~nd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 41. Comments regarding resolution 792 SUPERVISOR RUSSELL: Ifa lot of people heard the clicking noise, that was the people turning off channel 22 half way through that document. COUNCILMAN ORLANDO: And that was the short version. SUPERVISOR RUSSELL: Cliff notes wrote that one. 2009-793 CA TE GO R Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 10/20/09 4:40 Pm Convenience Stores WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB} District and Article Xl entitled General Business (B) District" 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 20th day of October, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB} District and Article XI entitled General Business (B) District" reads as follows: September 22, 2009 Page 56 Southold Town Board Meeting Minutes LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business {HB} District and Article XI entitled General Business (B) District". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience stores, because of their proximity to similar uses and their operation characteristics, including increased traffic generation, long hours of operation, bright lights, and the noise and litter problems associated with such uses, tend to be more intrusive to the community, and have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts of convenience stores by ensuring, through the appropriate revisions to the Town Code, that convenience stores are located on sites that have adequate on-site parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with the community in scale, architecture, and overall site design in order to preserve the community's character. Il. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. [Amended 7-31-1973] CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premise consumption. ARTICLE X Hamlet Business (HB) District §280-45. Use regulations. C. Accessory uses. The following uses are permitted as accessory uses and except for residential accessory uses and signs, which are subject to Article XIX, are subject to site September 22, 2009 Page 57 Southold Town Board Meeting Minutes plan review: Subparagraphs 1 and 2 - text remains the same. (3) Convenience store located with a prior non-conforming gas station use (gas stations are not a permitted use in the HB zone, however, there are a number of pre-existing gas stations in operation) shall be considered an accessory use subject to site plan review, only if the following requirements are met: (c) (d) (e) Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.s. Signs for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. Formula food restaurants are not permitted within accessory convenience stores. (4) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). (5) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue as they are with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XI General Business (B) District §280-48. Use regulations. September 22, 2009 Page 58 Southold Town Board Meeting Minutes C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: Subparagraphs 1 through 3 - text remains the same. (4) Convenience store located with a gas station use shall be considered an accessory use subject to site plan review, only if the following requirements are met: (6) (a) Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. (b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (d) Advertisements of any kind, including audio or visual, and including trademark logos, may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including banners or flags, and may not be displayed via outdoor monitors or t.v.'s. (e) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (f) Formula food restaurants are not permitted within accessory convenience stores. Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue to operate as a non- conforming use with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XVIII Parking and Loading Areas {}280-78 Off-street parking areas. Type of Use Required Number of Parking Spaces September 22, 2009 Page 59 Southold Town Board Meeting Minutes Convenience Stores at least 1 space per 100 square feet of gross floor area of the retail store, including storage and counter space 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-2009-793 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appl Thomas H Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-794 cA TE GOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 12/1/09 7.'35 Pm - Minor Exempt - WCRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" and 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 1st day of December, 2009 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" reads as follows: LOCAL LAW NO. OF 2009 September 22, 2009 Page 60 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the "minor actions" exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. 11. Chapter 268 of the Code of the Town of Southold is hereby amended as follows: § 268-3. Definitions. LANDSCAPED BUFFER - a land area of a certain length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be ninety (90) percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. MINOR ACTIONS - Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (in-place), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, ietties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound [excluding all creeks]; Repaving or widening of existing paved highways not involving the addition of new travel lanes; Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; Maintenance of existing landscaping or natural growth, that is not located within 100 feet feature ..... v .................... ~ ~ ...... ~ of the boundary of a protective natural ...... * '"~ *~*~ ........ r. .... ov .......~ .............................or within s nificant coastal fish and wildlife September 22, 2009 Page 61 Southold Town Board Meeting Minutes H. I. J. V. W. X. habitat areas; Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; Installation of traffic control devices on existing streets, roads and highways; Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; Information collection including basic data collection and research, water quality and pollution studies; traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; Collective bargaining activities; Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; Adoption of a moratorium on land development or construction; Interpreting an existing code, rule or regulation; Designation of local landmarks or their inclusion within historic districts; Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the September 22, 2009 Page 62 Southold Town Board Meeting Minutes environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved; Z. Split rail fences or fences used to control nuisance wildlife that do not interferi~ with the public's rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward ~dc ~f an existing dwelling constituting less than 25 percent of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a Coastal Erosion Hazard Area; CC. Structures less than 100 250 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a boundary of a natural protective feature, and freshwater or tidal wetlands tida! wct!and; DD. Construction or improvements of pervious residential driveways, parking areas or walkways greater than 50 feet from a tidal or freshwater wetland; EE. Upgrades to existing fuel tanks provided that erosion control measures are implemented; FF. Cutting phragmites to greater than 12 inches and vegetative restoration provided that native wetland vegetative species are not affected or disturbed in any manner; GG. ~,~ Within all Town Creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain c~ deployed prior to and during construction; and HH. Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features; II. Additions to an existing building or rebuilt residential structure which results in no-net increase in ground area coverage, except where the parcel is located in a Coastal Erosion Itazard Area; JJ. Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter 236, provided that such improvements are located more than 50 feet from the boundary of the natural protective feature; and KK. Residential structures not located within the CEHA/or adjacent to a New York State Designated Scenic Byway, a scenic view shed important to the community or within a VE/AE Flood Zone Designation and which complies with the following minimum buffer width tables: Table 1. Wetland Buffer Table for New Residential Structures located adiacent to New York State Department of Environmental Conservation Priority Water Body (select one). Lot Area (sq. fi.) 0-20,000 Minimum Buffer Width Landscaped Natural Vegetated 30 25 20,000-40,000 40 35 40,000-60,000 75 50 60,000-80,000 75 50 Gre~erthan 80,000 100 75 September 22, 2009 Page 63 Southold Town Board Meeting Minutes Table 2. Wetland Buffer Table for New Residential Structures (select one) Minimum Buffer Width Lot Area(sq. fl.) Non-turf Landscaped N~ural Vegetmed 0-20,000 30 20 20 20,000-40,000 40 35 25 40,000-60,000 50 45 35 60,000-80,000 Greater than 80,000 Table 3. 75 65 55 100 100 75 Wetland Buft~r Table for Existing or Rebuilt ResidentialStructures(selectone). Minimum Buffer Width Lot Area(sq. fl.) Non-turf Landscaped Nmural Vegetmed 0-20,000 25 15 15 20,000-40,000 30 25 25 40,000-60,000 40 35 30 60,000-80,000 60 55 45 Gre~erthan 80,000 75 60 55 NATURAL PROTECTIVE FEATURE - A nearshore area, beach, blurt; primary dune, secondary dune or wetland and their vegetation. NATURAL VEGETATED BUFFER - a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95%) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be ninety (90%) percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. NEW YORK SCENIC BYWAY (North Fork Trail) - ali that portion of the State highway system known as State Route 25 in the Town of Southold, Suffolk County, beginning at the boundary between the Town of Riverhead and the Town of Southold, continuing northeasterly to Orient Point and to the end of State Route 25, and all that portion of the local highway system known as Sound Avenue beginning at the boundary between the Town of Riverhead and the Town of Southold continuing easterly to the overlap of Sound Avenue and County Route 48 and continuing along County Route 48 generally northeasterly to the intersection of County Route 48 and State Route 25 north of the Village of Greenport, Suffolk County. NUISANCE WILDLIFE - Wildlife that is destructive and capable of damaging property such as buildings, crops, pets, livestock, gardens, or public areas. Wildlife may threaten human health or safety by spreading diseases, through direct attacks, or accidentally. September 22, 2009 Page 64 Southold Town Board Meeting Minutes PERVIOUS NONTURF BUFFER - a land area of a certain height and width comprised of sand, stone or permeable pavers arranged in such a manner to allow for maximum percolation of storm water runoff into the soil. PRIORITY WATER-BODY - a water-body within the jurisdictional boundaries of the Town of Southold listed by the New York State Department of Environmental Conservation on the Water-Body Inventory/Priority Water-Bodies List, as amended. SIGNIFICANT FISH AND WILDLIFE HABITAT - those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace. 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. ~ Votc Record - Resolution RES-2009-794 [] Adopted Yes/Aye No/Nay Abstain Absent 13 Adopted as Amended William Ruland Initialor [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-795 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Public' Info Mtg on Comprehensive Plan RESOLVED that the Town Board of the Town of Southold hereby sets 6:00 PM~ Thursday~ October 15~ 2009 in the Meeting Hall at the Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a Public Information Meeting on the process~ developmenh and planning of a Comprehensive Development Plan for the Town of September 22, 2009 Page 65 Southold Town Board Meeting Minutes Southold. Vote Record - Resolution RES-200%795 El Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Seconder [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn Thomas H Wickham Voter 171 [] [] [] [] Supervisors Appt Louisa P Evans Voter El [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-796 CA TE G O R Y: DEPARTMENT: Committee Appointment Town Attorney Deer Management Task Force RESOLVED that the Town Board of the Town of Southold hereby establishes the Deer Management Task Force to oversee and make recommendations to the Town Board regarding deer population management and appoints the following members to serve on the Task Force through December 3L 2010: Supervisor Scott Russell Town Councilman Albert Krupski John Becht John Haas John Rasweiler John Rumpler, IV John Standish Vote Record - Resolution RES-2009-796 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Del~ated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. lmtiator [] [] [] [] [] Withdrawn Thomas H Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-797 CA TEGOR Y: DEPA R TMEN T: Public Service Town Attorney Waive Building Permit Fee/Matt. Historical Society September 22, 2009 Page 66 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby waives the Building Permit fee for Permit No. 34966, issued to the Mattituck Historical Society, associated with the relocation of the old schoolhouse to their property. Vote Record ~ Resolution RES-2009-797 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [~ Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russel~ Voter [] [] [] [] Next: Oct 6, 2009 7:30 PM 47. Comment regarding resolution 797 SUPERVISOR RUSSELL: Can I ask, I am sorry to interrupt you, we have to table that because it is in conflict to a resolution that was passed in 2003 by the Town Board. So I am going to ask the Town Board to table resolution 797 for two weeks. 2009-798 CATEGOR~ DEPARTMEND Contracts, Lease & Agreements Town Attorney TOS Retiremenl Incentive Program WHEREAS, the Town Board of the Town of Southold, in its continuing efforts to reduce expenses, has agreed to offer a Retirement Incentive Program to certain eligible employees who have been employed with the Town for 10 or more years of full-time active service and who are eligible for retirement into the New York State Employees' Retirement System; and WHEREAS, the Town Board has been authorized by Agreement with the CSEA to offer the Retirement Incentive Program to CSEA bargaining unit members who meet the eligibility criteria under the Program; and WHEREAS, the Town Board has agreed to extend the same Retirement Incentive Program to Managerial and Confidential Employees who meet the eligibility criteria under the Program. September 22, 2009 Page 67 Southold Town Board Meeting Minutes NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Agreement to offer a Retirement Incentive Program between the Town of Southold and the CSEA dated September 22~ 2009; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to send notice of the details of the Retirement Incentive Program and instructions for participation by eligible employees~ together with a copy of the aforesaid Agreement~ to all full-time Town Employees on or before September 30~ 2009. Vote Record - Resolution RES-2009-798 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scotl Russell Voter [] [] [] [] Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. address the Town Board on any issue? Pete? Would anybody like to come up and COUNCILMAN ORLANDO: Pete's signing up for the retirement already. Peter Harris PETER HARRIS: Not been here long enough. The last resolution. How long is it going to be available? SUPERVISOR RUSSELL: It will be available for 45 days. What I would like to do is we are sending the notices out to everybody in the very near future. They will have until about November 14 to notify the town. They would be required to be retired and off Southold Town's payroll by December 31. MR. HARRIS: Okay, so in other words if you have somebody that would meet that criteria in the year 2010, they wouldn't be .... SUPERVISOR RUSSELL: No. This is a one time offer. MR. HARRIS: Okay. Alright. That's that issue. September 22, 2009 Page 68 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: If someone has an individual question or interesting circumstance, they should definitely contact either the Supervisor or Martin Finnegan about it though. If there is something that doesn't exactly completely fit within the criteria. Don't hesitate to ask. MR. HARRIS: Okay. I would like to revisit the Champlin Place situation. Just to back up, somewhere's along the line I know the word pictures were brought up before, I know somewhere's along the line in the last year and a half, there was a packet with aerials showing the location of the place in question, Champlin, Main Street, auto repair, convenience store, gas station, back lot usage, property. That had been sent down by the chairman of the Commission. And I don't know, I understand due to the situations beyond certain controls, but the Board, the Southold Transportation Commission did their homework, came up with a resolution to come to this Board and it seems like no wheres, no way is there any information. I mean, I know at the last, I watched the airing of the last Board meeting and you know, there was nothing and there were questions about what is this all about? Tom, I am going to specifically put you on the spot. You are the liaison of the Board that meets, comes and meets regularly on a monthly basis with the Transportation Commission. And I don't know where you might have been when any of these times that it was brought up .... COUNCILMAN WICKHAM: Today was the first time that I have heard, that I think the rest of the Board has heard, a rationale for reserving at least some limited parking along that road. I've never heard an argument or a rationale for doing that. I would like to hear that rationale and I note that next Monday the Transportation Commission meets again. You will be there, I hope I will be there. I hope we can take a look and get all the documentation together and consider some of the things that we discussed earlier this afternoon which I think even you felt we could afford to be a little bit flexible about. MR. HARRIS: Okay. You know I was kind of chuckling to myself also when I am sitting back there and resolution 793 about convenience stores and adequate parking and all of this and on this particular site, we have a gas station, we have a convenience store and we have an auto repair facility. Off the top of my head, I can't think of one location either on Fishers Island or in Southold Town that an auto repair business uses a town street for their parking of their customers vehicles. COUNCILMAN WICKHAM: What about Eastern Tire? MR. HARRIS: Eastern Tire, that is a tire facility. I will say, I will give you your due, Tom. Eastern Tire is part of the tire facility, that is a tire facility. That would be the second place. Okay. but what I, the point 1 am trying to make is you people appoint the Commission, okay? And believe me, anything we do, Tom you should know this. We don't take anything lightly, 1 mean it is not a book of the month club, we don't just go there and meet for two, two and a half hours a month just because we have nothing better to do. There are problems that come to us. We as the Commission try to solve the problems so that you people don't have to try to go and out and do the homework to do it. That is what we are there for. September 22, 2009 Page 69 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: Peter, if you hadn't picked up on the idea of 15 minute parking there, I think it probably would have passed tonight. COUNCILMAN RULAND: Pete, let me say this to you. Probably being the least familiar with some of this other than every time I have been on Champlin Place, there haven't been any cars parked on either side of the road. So my only point is, when I mentioned picture, there has to, I realize this has languished a long time and in my thinking if it languishes two more weeks ..... MR. HARRIS: That is fine. I mean, you know ..... COUNCILMAN RULAND: I just want to make sure that what we do is truly correct and that I never, I am not aware, I don't forget a lot of things when it comes to paperwork. I don't recall ever seeing these pictures. MR HARR/S: Well, the, 1 would just like to make one point. Now that the fact that it is opened and it is in the public view now, Bill, probably me being able to go there now with a camera and try to find that street full of cars, I mean, the horse is out of the barn now. SUPERVISOR RUSSELL: Can I just clarify a couple of things. First, the Champlin initiative was actually brought when we had a previous Town Board. So all of the documents and all of the information would have been presented to that Board, that was prior to you being here, Bill and prior to Vincent being here. So I can understand why they don't have the information because they weren't even part of the initial initiative here. That being said, we tabled it two weeks ago so that this Board could go talk to the Transportation Commission. Reach out and find out and gather all that information, so that we can render a decision tonight. That didn't happen. MR. HARRIS: Just in closing, like I said. I am not here on behalf of the Transportation Commission to put anybody out of business. That was not why this was even brought up. It was a public safety issue and we just felt that by doing away with parking and making business used property, that they own, to use as their staging area was the right thing to do for public safety and that is it. Thank you. James Spanos MR. SPANOS: I would like to, you know I am surprised to see this other item on the agenda because I wasn't aware of it with the convenience stores and it is very ironic but all focus is on our properties and I will say that plural because there is a property that has been shut down by the Town out in East Marion but I am going to stick to this agenda right now. it is very unfortunate that you know, if the town zooms in on one property they can take away, you know, food that is being, that four families are being out of, that are not coming to the government for your help or hand out. There is George Papamichael, he has two daughters that go to Greenport High school, he is a very stand up citizen, he works very hard, he goes out of his way for a lot of elderly people at Peconic Landing and Eddie has three people that work for him that are very well liked and outstanding citizens. And I don't understand why consistently, it might sound a little weird but this is an ongoing problem and it is being, I am the target. My family properties are the target. And I have been trying to work with the Town and the building department and September 22, 2009 Page 70 Southold Town Board Meeting Minutes they haven't been complying. The building department hasn't, once it gets and I've, we have looked into other alternatives to sue and go for an article 77 and I was advised by my brother and my family and everybody else that we are going through a lot of hardship right now, not to and to work with the town but we are not getting that back. We are not working together here. All I see is the town coming after us with a double edge sword and us being led on down a dark road. So I hope from here forward, the town will be able to work with us. When 1 come to the building department and ask for a permit, when somebody else does it simply gets handed to them, with me, it is a never ending red tape nightmare coming at me. And 1 would like to know why? Because I think that I haven't stepped on anybody's toes and people at home are not exempt from this. You know, if you become the target believe me, it is not good. So I would suggest people got more involved and more aware of local government and what is going on here because if you are the target, you are going to be stuck between a rock and a hard place. So I would, I am thanking the Board that is going to extend this for two weeks, I am going to go to the parents that drop off their kids there and I would expect you to review this situation and take all these things into consideration. SUPERVISOR RUSSELL: Let me just assure you on the convenience store legislation, there is a specific reference if you read it, that excludes existing convenience stores that have been recognized by the town. Now I know yours is already recognized by the building department as pre-existing. So that new law wouldn't pertain to you. It would be for new applications and they are generally dealing with issues of size and scale. In other words, you want a convenience store that doesn't eclipse the principal uses of as a gas station. But you can read that, you will see at the end there is a specific reference in the back that excludes recognized stores. MR. SPANOS: Okay, all I just, I want to take care of this issue and add parking to the area and so everybody can go about their business and be satisfied. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Hugh? Hugh Switzer, Peeonic MR. SWITZER: Hugh Switzer from Peconic. I just want to thank the Board again for your continued support of us getting Goldsmith's Inlet back into shape and I also want to second, Scott, your comments about Mark Terry and the Planning Department. They are doing excellent work. Really high quality work and I want to thank them as well. And thank you all. COUNCILMAN ORLANDO: How did your cleanup go the other weekend. MR. SWITZER: Then cleanup... SUPERVISOR RUSSELL: Was the 26th. COUNCILMAN ORLANDO: You had the ROTC going out there. MR. SWITZER: Oh, that was this Saturday. September 22, 2009 Page 71 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: How did that go? MR. SWITZER: Well, it is coming up. It is going to go well. SUPERVISOR RUSSELL: And Hugh, don't forget to punch out on your way out of the building. There is a sign in clock right there. MR. SWITZER: Thank you. Mike Drobet, Cutehogue MIKE DROBET: Mike Drobet, I am a resident of Cutchogue, I live on Stillwater. 1 want to thank the Board and the Trustees for addressing the Cutchogue harbor sunken boat this morning. It has been a problem out there for the summer and years past. I am glad to see there is some action being taken on it. Personally I have made three phone calls to the constable and three phone calls to the Coast Guard without any results, so I am hoping you guys can take care of it. But I would like you to consider that this boat is just the current problem, it is not, it is a current problem right now, we can deal with it. Hopefully you will deal with it but the bigger problem is the general lack of regulation in the mooring field. I know that the Town Board and the Trustees addressed this at great length a couple of years ago. It is like health care for our nation, we couldn't come up with a solution. I would like to suggest that perhaps a simpler solution might be to pass a law or resolution that would limit the time that a boat could be left on a mooring in the bay waters between no later than November 1 and then be put back on the mooring perhaps May 1. This boat, Staccato 325, was on that mooring for three years, winter summer, winter summer, abandoned. The mooring lines chafed, it ended up on the beach. And this problem is going to continue and repeat itself, l think that the town has already paid to remove another boat that landed on the beach over at Fisherman's beach a few years back and that is one of the reasons the constable was not too happy about moving forward with taking the boat out. We have another boat that has been out there for two winters without being moved, it has been abandoned. There is a blue Catalina 30 out there, that is going to probably hit the beach this winter if action is not taken. So I would encourage the Board to see what we can do to find a solution to the bigger problem while we are thinking about this letter, you know, it is a dollar matter right now. If another one hits the beach, ultimately the town is going to have to pay for that as well. SUPERVISOR RUSSELL: That is a good point. Thank you. MR. DROBET: Thank you. Jill Doherty, Southold Town Trustee JILL DOHERTY, SOUTHOLD TOWN TRUSTEE: I just want to say that I think the majority of the Board would support that. I haven't talked to, I have only talked to two members. But that is something that is reasonable and if you want more of our feedback, we will be glad to discuss that with you. But I also wanted to update you on our discussion this morning. I got in touch with two companies in town and the third one I left an estimate with and I should have their estimates tomorrow in removing the vessel that we talked about this morning. And also I have talked to Pete Harris to see if we need his help once the boat is on land to get it to the September 22, 2009 Page 72 Southold Town Board Meeting Minutes landfill, so we are working on that and you know, if that reduces the costs from the estimates we get he will be glad to help us if he can. And as soon as I get all the information, I will put it all in writing and get it to you. SUPERVISOR RUSSELL: Thank you, Jill. Is there any way we can drag these boats under the coast of darkness to the Southampton shore? Richard Witt, Gull Pond La, Greenport RICHARD WITT: Supervisor Russell, Councilmen. My name is Richard Witt from Gull Pond Lane in Greenport, New York. I mailed a letter about a month ago, I was wondering if any of you ever got it? COUNCILMAN WICKHAM: What was the subject? MR. WITT: The subject matter was the encroachment by Bill Claudio out onto Gull Pond Lane. Did anybody receive that letter? COUNCILMAN WICKHAM: Yes. SUPERVISOR RUSSELL: That was actually a redo because we got a letter well over a year ago on that same issue. MR. WITT: Exactly and I wrote another one on July 7. I asked and you weren't here, Mr. Supervisor at the last meeting and I think Mr. Krupski was holding it. And I came down and I addressed the Board. I mean, it is completely out of control. I mean, the town has given him lA acre of property, town property. Fire trucks cannot turn around the end of the road, there is no room anymore. If I go to my dock and walk across the street, I get hit in the face with a sprinkler because he had sprinkler system installed on the lawn which is on town property. The other day I go to my dock, there is a little yellow sign saying please do not enter or remove for 24 hours, I guess that is like a malathione spray which now I am walking through to get to my dock. Totally out of control. I don't know why the town would let this go on, letting my, 95 feet of my property thrown away, not having access to my property and you are giving Bill Claudio a half an acre of property and I am sure you are not taxing him for that, I am sure that is not shown on his assessed value. I came here a year ago and I asked the Board to please not force my hand because I don't want to get into it. I think it was Mr. Krupski who said this was a black and white issue. It is very simple. Them is a law and it has been broken. It doesn't matter who breaks the law, if I did something like that I can imagine what the town would do to me. Since then I took legal counsel local and that doesn't do anything so I finally went to the family lawyer in New York and he says, look, the Town Board they only understand lawsuits. You know? I don't want to push it. That is not good tbr me, it is not good for the town, it just raises everybody's taxes. This is a very simple thing. Ill let my dog off the leash-my lawyer-and sic him, I am washing my hands, 1 am not going to stop him and I will let him pursue it however he wants to pursue it. 1 was amazed that after this letter I sent 1 didn't get a response from any councilman board member. No one. COUNCILMAN KRUPSKI: I got the letter, I talked to the Superintendent of Highways, Mr. September 22, 2009 Page 73 Southold Town Board Meeting Minutes Harris, about it. MR. WITT: And? COUNCILMAN KRUPSKI: That was, you know, I wanted to find out if anything had changed from the year before with the cobblestones and the .... MR. WITT: Oh, no, no. We have flower pots, sprinkler system, thirty feet out into the middle of the road. It has gotten worse and now I have sprinkler systems and I don't know what they spray on the lawn that I have to walk through. If I can't remove or enter, 1 can't get to my dock and anybody who has a boat knows that you like to check it at least once a day. 1 can't walk down to it, I am walking through I don't even know what they spray on the lawn. Alright. If I come back at night and it is dark, I get sprinklers hitting me in the face. It is not right. COUNCILMAN WICKHAM: Shall we put this on for discussion in two weeks at the work session? COUNCILMAN KRUPSKI: I think all the Town Board members need to go and look at it if you are not familiar with it. And then we can have a discussion about this. If you don't look at it, you are not going to understand it. SUPERVISOR RUSSELL: Okay, the encroachment, which is cobblestone, is commonplace in Southold Town. About 75 percent of the residential properties I am sure encroach into the public right of way. The problem is, that was an unimproved road if I am not mistaken. What we can do is create a special road district, have the road improved to its 25 foot of width, provided everybody there pays for the improvement of that as a public road. That would be the option. MR. WITT: I think I stated in my letter, I said, I mean, this is very hard financial times for everybody in every level of government, in every household. I don't expect the town to come down and repave that, 1 would just like it put back to the way it was. It is not just cobblestones, it is Belgian block I have to jump over the top of and like I said, sprinkler systems now put on town roads. SUPERVISOR RUSSELL: I know he put an expensive drainage system, so that was certainly meeting a community benefit. MR. WITT: That drainage system was put in by Bill Claudio at the time, I believe, with no prerequisite from the town. SUPERVISOR RUSSELL: A requirement of the Trustees. MR. WITT: Yeah, he put in the drywell. He just started digging drywells in one day, which blocks another 10 feet of my property now. And 1 want to develop that property. COUNCILMAN WICKHAM: Should we get Pete to comment? Pete Harris? September 22, 2009 Page 74 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Pete, do you want to talk about it tonight or do you want to come and talk about it in two weeks. We will put it on the work session. MR. HARRIS: I can come in and talk about it in two weeks. To get into a debate, let's get all our information and .... COUNCILMAN ORLANDO: Because I know Jamie Richter and Pete Harris went down there last year after you were here and did look at it, sent us back pictures and I went down there and looked at it myself and I saw the Belgian block apron right there ..... MR. WITT: Did you see how far it came out from where the town road was supposed to be? The problem actually started, it is not Peter Harris' fault, it started a long time ago when Gull Pond subdivision was first put down and it was like sand dunes and there was a fire hydrant and they came out and put the road around the fire hydrant. So there is a fire hydrant in the middle of the traffic circle. That is not how it was supposed to be done. It was a mistake made 30 years ago. Thirty five years ago. And the job is to repair the mistake, not to make it any worse, which is what seems to be happening. I mean, if you want the pictures, I can show you on the weekend when cars are there, you can't even get a car around the traffic circle let alone a fire truck. SUPERVISOR RUSSELL: Alright. What we will do is we will take this issue up in two weeks. I invite the entire Town Board to go out and look at the site so that we can weigh in with some insight. MR. WITT: I will hold my lawyer at bay for two weeks but this has been going on for three years now, Mr. Russell. And I haven't heard anything and nobody responds back to me. 1 am going to have to take some action or just keep getting hit in the face with some sprinklers .... SUPERVISOR RUSSELL: That is almost a veiled threat and 1 am not responding to that. We will go out and look and give you an answer. It might not be an answer you like, 1 do not know. We will find out after everybody has some insight for that entire issue down there. MR. WITT: Please. And I believe you still should have all the files (inaudible) last year when I gave you all the surveys and all the drawings and everything I gave. So please look those over and take that into consideration. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Benja? Benja Schwartz MR. SCHWARTZ: Very briefly. On page 13, resolution 776, you know how much 1 like these acronyms. It says permission to attend NYBEAS seminar, then it says granting permission to attend a NYSHIP regional meeting, is it one or the other or both and what are they? SUPERVISOR RUSSELL: Louisa pointed that out to me as we were voting and I will certainly get clarification from John but in my view he is one of the most talented and hardworking in September 22, 2009 Page 75 Southold Town Board Meeting Minutes town goveinment, he is free to go to either and both. MR. SCHWARTZ: I would just like to know what we were talking about. Speaking of Louisa, Louisa at the work session this morning when you were discussing the wind energy, you made some comments that I could not, my hearing is not too good and your voice is not too loud. You were talking about an article in the New York Times. JUSTICE EVANS: I think it was the New York Times this past Sunday, there was an article, although it may have been the previous Sunday because I didn't get to that Sunday until late, about different states and the difficulties they were having with coming up with a good wind energy law. And many of their areas of problems were the same that we are having. They are having the same discussions. MR. SCHWARTZ: Okay, well I will keep looking for that article. Just very briefly, I did find, forget about the article from Texas. It wasn't that one. But there is a, the news that the British government has just announced plans to build the biggest wind turbines in the world and they have given a grant of over $7 million to a company that is based in California to build the blades for the turbines. The blades are going to be built in England but it is going to be American technology, an American company that is going to direct the construction of these blades and I just, I would like to see us rather than England, support wind energy and benefit from the economic benefits of producing these machines and the use of that. The energy that they will produce. I hope that we are not being short sighted in thinking too much about the negatives and we will consider the positives. The other article which I came across about Texas, the Texas governor and the comptroller's office there is opposing the Obama administrations program to support wind energy, not wind energy, to limit, to put caps on admissions. Essentially they are saying that we have no proof of global warming and we Texans don't believe in it and either they are wrong or we Texans are wrong and you know Texans are never wrong. I kid you not. This is the governor of Texas. Well, I think we have the scientific evidence and the evidence that the economy, they are saying that this cap on global emissions is going to hurt Texas but they didn't look at the side of the you know, the glass half full side of the coin. They didn't look at how it would help Texas. All they are looking at is the negative. Well, I just, I think wind energy has a lot to offer us in Southold Town and I wonder if there is any way we can jump start some companies looking at Plum Island as a potential wind energy site. I think that, you know, whoever gets the jump on all of this is going to be the big winner, so. SUPERVISOR RUSSELL: I don't know if you are aware of it, but we passed a wind energy law allowing wind turbines on agricultural properties. We are in the process now of expanding that law to allow it on any property of any use, any zone, any per certain size. The wind energy proposal that was first proposed out in Plum Island, I actually endorsed. That fell through for several reasons but that was a private company looking to locate out off of Plum Island. I actually endorsed that plan. ! don't think this Town Board spends all the time looking at the negatives, I think we look at the negatives and the positives of all alternative energies and that is how we develop the legislation that we develop. I think that is our job, to look at both. MR. SCHWARTZ: ! know you have done considerable amount of work and even enacted some September 22, 2009 Page 76 Southold Town Board Meeting Minutes legislation to provide for wind energy, whether that legislation is supportive or limiting, I can't give an opinion on that but I would just ask that the Board really try to clear the way for people to produce local, locally generate energy that is going to help us economically, environmentally. Increase our security globally and that this Board should, I know the Board is trying but I want you to do everything that you can to support that and not leave it to the Zoning Board of Appeals to make the tough calls but .... SUPERVISOR RUSSELL: An unfortunate comment on your part because that is not the case. But there has to be a matter of zoning that comes to bear on anything, no matter how much merit it has. You have to consider the rights of the applicant, the rights of neighboring properties. All that gets factored into legislation. We are actually opening up that law to include far more parcels than we have already. That discussion was part of the work session today. MR. SCHWARTZ: I understand very well the difference between legislation and judicial or quasi-judicial proceedings such as the ZBA conducts. What I am asking is that this Town try to stay away from the litigation of whatever nature and provide legislation to steer us on a clear course to success. SUPERVISOR RUSSELL: I think that legislation in hand, that is already passed has done that and will expand it even further. Remember the ZBA isn't necessary in the one application we have. We have four turbines in town, the one application that is pending, ZBA relief is not necessary. It is the wish of the owner to ask for it. That is their, that is that person's right, but they can erect a wind turbine on site without .... MR. SCHWARTZ: Inaudible SUPERVISOR RUSSELL: Are you interrupting me, Benja? I didn't interrupt you. They do not need the relief. They are still free to erect it on site under the current law. They want the relief, that is their right and I publicly said I hope they get it. But they don't need it. That is the law and we certainly will expand it as we go. MR. SCHWARTZ: Well, you are certainly entitled to your opinion. SUPERVISOR RUSSELL: It is not an opinion, it is fact. MR. SCHWARTZ: No, those are not facts. SUPERVISOR RUSSELL: What isn't? That the law doesn't allow for that particular application to go forward without ZBA relief?. That is a fact. MR. SCHWARTZ: The application as it is, they want to site the turbine which requires them to apply for a variance. SUPERVISOR RUSSELL: No, no it doesn't, the law requires them to site it where they specifically want to site it but they still have other opportunities on that parcel that doesn't September 22, 2009 Page 77 Southold Town Board Meeting Minutes require ZBA relief. MR. SCHWARTZ: Well, I am not denying .... SUPERVISOR RUSSELL: You need to understand the entirety of the application. MR. SCHWARTZ: I think they changed their plan to conform with the law so they wouldn't so they wouldn't require the variance, yes they could do that. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: But there is a reason they want to site the facility the way it is and it is not just because they want it their way. Because they feel it will work better that way. COUNCILMAN KRUPSKI: But that is, see that, 1 am sorry to interrupt you, but that is one application. And we are working on legislation to open it up to more properties, to more zoning. the problem is we passed just this year or last year, event, because we had so many requests for weddings on town beaches, we passed very simple, right, event legislation. Unintended consequences immediately. We didn't intend to get the park districts caught in that legislation but they were caught in it. And immediately we had a conflict and we had to amend it. So all these little things that you think are simple, sometimes become very complicated and you oversee them, so we are working in that direction to try to promote and encourage wind energy but we are trying not to, you know, make too many mistakes along the way. So it seems like a long time but we are tying to be careful. MR. SCHWARTZ: Thank you very much. I appreciate that. SUPERVISOR RUSSELL: Pete? Pete, this is your last time. If you get up after this, 1 am going to throw a rock at you. Peter Harris MR. HARRIS: I just wanted to share with the Board that last, a week ago, Sunday, Monday, Tuesday, the Suffolk County Highway Superintendent's Association, which I am the president of, held our annual conference on Shelter Island, which every superintendent or commissioner of public works is attend, we have classes every day, round table discussions and I just want to say that it didn't cost the taxpayers a nickel because all expenses were paid for out of pocket by myself. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Pete. Board? (No response) Motion to adjoum? Would anybody else like to address the Town 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 6:02 P.M. September 22, 2009 Page 78 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Southold Town Clerk Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell