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Home My WebLink AboutAG-06/15/2010 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD June 15, 2010 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 7:30 PM Meeting called to order on June 15, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Trustees Monthly Report May 2010 2. NFAWL Financial Statements March 31, 2010 3. Island Group Employee Health Care Plan Claim Lag Report 5/1/09 - 4/30/10 4. Justice Rudolph H. Bruer May 2010 5. Program for the Disabled May 2010 6. Building Department May 2010 7. Accounting: Budget March 2010 Southold Town Meeting Agenda - June 15, 2010 Page 2 April 2010 8. Justice Louisa P Evans May 2010 9. Justice William H. Price Jr May 2010 10. Human Resource Center Monthly Reports - April 2010 - May 2010 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM John Turner “The Case for Preserving Plum Island” 2. 9:30 AM Jamie Richter Erosion, Sedimentation & Stormwater Run-off Assessment Form 3. 10:00 AM Joe Fischetti FAA Rules/Helicopters 4. 10:15 AM Damon Rallis Boats in front yards/property maintenance 5. 10:30 AM Heather Lanza, Mark Terry, Melissa Spiro, John Sepenoski, Leslie Weisman TDRs 6. 11:00 AM Jim McMahon DPW truck bid acceptance Roller hockey rink bid acceptance Update of Peconic School Project 7. Building Permit Fees 8. Request for Trailer Permit 9. Historic Preservation Commission Denial of Certificate of Appropriateness 10. Stewardship Management Plan for Mill Road Preserve Southold Town Meeting Agenda - June 15, 2010 Page 3 11. Exterior Lighting - Set for Code Committee 12. Wireless Code Amendments Set for Public Hearing 13. East End Institute Update Supervisor Russell 14. Employee Evaluations Councilman Talbot 15. FEMA Reimbursement Update Supervisor Russell 16. LPC Policy Regarding Procurement and Materials Used on Preserves 17. Weblink/Laserfiche Internet Connection 18. 12:00 PM Executive Session - Mike Krauthamer Labor Relations 19. Executive Session Employment History of Particular Persons 20. Executive Session - Litigation DiVello et al v. Town Board of TOS MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 06, 2010 ? Vote Record - Acceptance of Minutes for April 6, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 20, 2010 Southold Town Meeting Agenda - June 15, 2010 Page 4 ? Vote Record - Acceptance of Minutes for April 20, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 04, 2010 ? Vote Record - Acceptance of Minutes for May 4, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 18, 2010 ? Vote Record - Acceptance of Minutes for May 18, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 01, 2010 ? Vote Record - Acceptance of Minutes for June 1, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell SPECIAL PRESENTATION 7:30 PM - National CPR and AED Awareness Week 7:35 - Den 6 Weblos Monofilament Recycling Program V. RESOLUTIONS 2010-417 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - June 15, 2010 Page 5 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 15, 2010. ? Vote Record - Resolution RES-2010-417 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-418 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 29, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-418 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-419 CATEGORY: Budget Modification DEPARTMENT: Accounting Amend Resolution 2010-398 Budget Modification Fiscal Impact: Correct budget modification adopted June 1, 2010 for police impound fence RESOLVEDamends resolution no. that the Town Board of the Town of Southold hereby 2010-398 adopted at the regular meeting of the Southold Town Board on June 1, 2010 to read as follows: Southold Town Meeting Agenda - June 15, 2010 Page 6 RESOLVED2010 budget as that the Town Board of the Town of Southold hereby modifies the follows: General Fund Whole Town To: A.9901.9.000.100 Transfer to Capital Fund $3,000 From: A.1620.4.400.300 Dredging Goldsmiths Inlet $3,000 Capital Fund To: Revenues: H.5031.65 Interfund Transfers $3,000 To: Appropriations: H.1620.2.300.350 Police Impound Fence $3,000 ? Vote Record - Resolution RES-2010-419 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-420 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney, Lori M. Hulse, to Attend the Seminar Entitled “Ethics in Litigation & Personal Injury Matters” at the Suffolk County Bar Association Center in Hauppauge, New York, on June 23, 2010 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney, Lori M. Hulse, to attend the seminar entitled “Ethics in Litigation & Personal Injury Matters” at the Suffolk County Bar Association Center in Hauppauge, New York, on June 23, 2010 . All expenses for registration and travel are to be a charge to the 2010 Town Attorney budget. Southold Town Meeting Agenda - June 15, 2010 Page 7 ? Vote Record - Resolution RES-2010-420 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-421 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Summer Seasonal Staff RESOLVED amends resolution no. 2010- that the Town Board of the Town of Southold hereby 377 to read as follows: Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY Ivy Croteau (2nd year) ………………………… $12.17 Adam Doroski (2nd year)……………………….$12.17 Jordan Doroski (8th year)………………………$13.82 Ryan Farrell (2nd year)………………………….$12.17 Aidan Fogarty (2nd year)………………………..$12.17 Matthew Grzesik (2nd year)…………………… $12.17 Julianne Hall (4th year)………………………….$12.72 Matthew Hallock (1st year)……………………...$12.17 Brittany Knote (5th year)……………………… ..$12.99 Nicole Kozlowska (3rd year)…………………….$12.44 Michel Liegey (1st year)……………………….. $12.17 Christiana Marron (4th year)…………………… $12.72 th McElroy, Timothy (4 year)…………………… $12.72 Sean Norberg (1st year)……………………….. ..$12.17 Jessica Orlando (3rd year)……………………….$12.44 Kevin Parma (2nd year)………………………....$12.17 Megan Ross (2nd year)……………………….… $12.17 Katie Scott (2nd year)…………………………...$12.17 Thomas Smith (4th year)…………………………$12.72 Andreas Stavropolis (2nd year)………………… $12.17 Southold Town Meeting Agenda - June 15, 2010 Page 8 Winston Wilcenski (1st year)…………………….$12.17 Maeghan Wood (1st year)……………………….$12.17 Breton Worthington (1st year)……………………$12.17 th Sean Whyard (5 year) ………………………….$12.99 BEACH ATTENDANTS Rick Gramazio (2nd year)…………………………$9.42 Jacklyn Goy (1st year)…………………………….$9.42 Emily Metz (2nd year)……………………………$9.42 Kevin Metz (3rd year)……………………………$9.58 John O’Donnell (2nd year)………………………..$9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Emma Chylinski (1st year)……………………..…$16.57 Jessica McDonnell (1st year)…………………..…$16.57 BEACH MANAGER Arthur Quintana (22nd year)…………………..…$15.94 RECREATION AIDES (PLAYGROUND INSTRUCTORS) Jacklyn Goy (2nd year)………………………..…$11.34 Ashley Hruz (2nd year)…………………………..$11.34 LIFEGUARD TRAINERS Deborah Hennenlotter to volunteer her time as needed Meg Sautkulis (1st year)…………………………..$15.74 ? Vote Record - Resolution RES-2010-421 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-422 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Fiscal Impact: Employees requested more time than was budgeted for in 2010 budget. Payment was made pursuant to administrative agreement. Southold Town Meeting Agenda - June 15, 2010 Page 9 RESOLVEDmodifies the that the Town Board of the Town of Southold hereby General Fund Whole Town 2010 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,698 To: A.1410.1.100.300 Town Clerk, P.S. Full-time Vacation Earnings $1,599 A.1410.1.100.400 Town Clerk, P.S Full-time Sick Earnings. 99 ? Vote Record - Resolution RES-2010-422 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-423 CATEGORY: Consulting DEPARTMENT: Accounting Engage Actuary for GASB 45 Valuation RESOLVED engages Chernoff, that the Town Board of the Town of Southold hereby Diamond & Co., LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal year ending December 31, 2009, in an amount not to exceed $12,000, which shall be a legal charge to the Accounting and Finance Department’s 2010 Actuarial Services budget (A.1310.4.500.200). Southold Town Meeting Agenda - June 15, 2010 Page 10 ? Vote Record - Resolution RES-2010-423 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-424 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for Its Annual Antiques Show and Sale, on Saturday, July 3, 2010 Fiscal Impact: Police Department Cost for Event = $304.40 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale, on Saturday, July 3, 2010 , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-424 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-425 CATEGORY: Authorize to Bid DEPARTMENT: Police Dept Authorize and Direct the Town Clerk to Advertise for Bids for Surplus Police Vehicles RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the following surplus police vehicles: Southold Town Meeting Agenda - June 15, 2010 Page 11 2003 FORD Crown Victoria - color Gray - VIN 2FAFP71W73X109519 – 107,309 miles 2005 FORD Crown Victoria - color White - VIN 2FAHP71W45X126760 – 112,450 miles 2005 FORD Crown Victoria - color White - VIN 2FAHP71WX5X126763 - 122,125 miles Contact person is Lt. H. William Sawicki (631) 765-2600. Vehicles are in "as is" condition and may be viewed at Police Headquarters, Peconic, NY. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2010-425 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-426 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork Country Club’s Annual Golf Tournament in Cutchogue for a Limited Closure of Moore’s Lane on July 16 and 17, 2010 Fiscal Impact: Police Department cost for event = $587.36 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Country Club’s Annual Golf Tournament in Cutchogue for a limited closure of Moore’s Lane, from the Main Road to the southerly line of the “Country Club Estates” subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and “Country Club Estates”), on Friday, July 16, 2010 from 7:00 AM to 6:00 PM and Saturday, July 17, 2010 from 7:00 AM to 3:30 PM provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit, a remuneration fee for police coverage of $578.36 and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon the approval of this resolution to coordinate traffic control. Southold Town Meeting Agenda - June 15, 2010 Page 12 ? Vote Record - Resolution RES-2010-426 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-427 CATEGORY: Bid Acceptance DEPARTMENT: Fishers Island Ferry District Accept Bid Z&S RESOLVED that the Town Board of the Town of Southold, upon the recommendation of the Fishers Island Ferry District Board of Commissioners, accepts the bid of Z&S Contracting to perform complete roofing projects to the FI Annex building, State Police Barracks and Bldg, #240 according to the specifications of the bid proposal, and subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-427 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-428 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in the Vicinity of Breakwater Park on Saturday, July 24, 2009 RESOLVEDgrants permission to North that the Town Board of the Town of Southold hereby Fork Beach Volleyball to park overflow vehicles along Breakwater Road, in the vicinity of Breakwater park on Saturday, July 24, 2009 (r.d. 7/25) for a volleyball tournament fundraiser for the Friends of Kim Haeg, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or windshield flyers identifying participants or spectators and they contact Captain Martin Flatley of the Southold Police Department Southold Town Meeting Agenda - June 15, 2010 Page 13 immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. ? Vote Record - Resolution RES-2010-428 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-429 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Southold Historical Society to Park Overflow Vehicles Along Lighthouse Road and Soundview Avenue, in the Vicinity of Horton Point Lighthouse on Saturday, July 17, 2010 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold Historical Society to park overflow vehicles along Lighthouse Road and Soundview Avenue, in the vicinity of Horton Point Lighthouse on Saturday, July 17, 2010 from 6:00 PM to approximately 7:30 PM for a concert being held on the lighthouse grounds, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. ? Vote Record - Resolution RES-2010-429 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-430 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Love Lane Movie Nights and Close Love Lane Fiscal Impact: Southold Town Meeting Agenda - June 15, 2010 Page 14 Police Department cost for Event = R213.08 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to hold its Annual Love Lane Movie Nights and close Love Lane on Saturday, June 26, 2010 from 6:00 PM to 11:30 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. The Special Event fee of $100 and $250 Clean-up deposit fee shall be waived. ? Vote Record - Resolution RES-2010-430 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-431 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification - Supervisor Fiscal Impact: to appropriate a donation from the American Cancer Society for the rental of a showmobile from the Town of Southampton for the annual Relay for Life event: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 Budget as follows: Increase: Revenues: A.2705.40 Other Donations $500.00 Appropriations: A.4010.4.400.600 Showmobile Rental $500.00 ? Vote Record - Resolution RES-2010-431 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - June 15, 2010 Page 15 2010-432 CATEGORY: Budget Modification DEPARTMENT: Supervisor Youth Program Budget Modification Fiscal Impact: This is the result of successful fundraising efforts on behalf of the Youth Bureau board and Youth Advisory Council. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations Other Donations $720.00 To: Appropriations: A.7310.4.600.100 Youth Program, C.E. Youth Program Activities $720.00 ? Vote Record - Resolution RES-2010-432 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-433 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA-NRCS Cooperative Agmt Amendment #1 $824,100 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No. 1 to Cooperative Agreement No. 73- 2C31-9-042, dated June 30, 2009, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department Southold Town Meeting Agenda - June 15, 2010 Page 16 of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) for an additional awarded grant in the amount of $824,100.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-433 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-434 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Americold Refrigeration Contract Fiscal Impact: To appropriate funds for Service contract with Americold Refrigeration per adopted resolution # 2010- 406 RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging Contractual Expense Supplies and Materials A.6772.4.100.125 Kitchen Supplies $1,400.00 To: Appropriations: Programs for the Aging Contractual Expense Contracted Services A.6772.4.400.600 Equipment Maintenance/Repairs $1,400.00 Southold Town Meeting Agenda - June 15, 2010 Page 17 ? Vote Record - Resolution RES-2010-434 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-435 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification - Supervisor Fiscal Impact: to correct under appropriated funds for vacation earnings (payment for vacation time was not budgeted): RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 Budget as follows: To: A.1220.1.100.300 Supervisor, P.S. Full Time Employees, Vacation Earnings $527 From: A.1220.1.100.400 Supervisor, P.S. Full Time Employees, Sick Earnings $527 ? Vote Record - Resolution RES-2010-435 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-436 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods/Repairs & Equip. Fiscal Impact: Volvo needs computer repair related to fan malfunction; CBI front main engine seal; Office equipment Southold Town Meeting Agenda - June 15, 2010 Page 18 for replacement of time clock, exceeded estimate. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 Solid Waste Management District budget as follows: From: SR 8160.4.100.609 RCA Blend $2,000 SR 8160.2.500.450 Radio Equipment 159 To: SR 8160.4.100.552 Maint/Supply 3 Yd Loader $2,000 SR 8160.4.400.665 Repairs CBI Grinder 118 SR 8160.2.200.500 Miscellaneous Equipment 41 ? Vote Record - Resolution RES-2010-436 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-437 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt Workplace Violence Policy Statement WHEREAS , the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS , the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS , it is the goal of the Town to provide a workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS , the Town of Southold adopted the Town of Southold Workforce Violence Prevention Plan by resolution on January 29, 2009; and WHEREAS , the Town of Southold continually assesses additional policies and procedures to further protect employees who work for the Town of Southold and formally incorporates such additional policies and procedures into its Workplace Violence Program. Southold Town Meeting Agenda - June 15, 2010 Page 19 NOW, THEREFORE, be it RESOLVEDhereby adopts the Workplace that the Town Board of the Town of Southold Violence Policy Statement and an Amendment to the Town of Southold Workforce Violence Prevention Plan to supplement and improve the program presently in place . ? Vote Record - Resolution RES-2010-437 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-438 CATEGORY: Seqra DEPARTMENT: Town Attorney LL Accessory Apartments SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200 and R-400 Districts and Accessory Apartments” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated June 9, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated June 9, 2010. ? Vote Record - Resolution RES-2010-438 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-439 Southold Town Meeting Agenda - June 15, 2010 Page 20 CATEGORY: Seqra DEPARTMENT: Town Attorney LL Colony Pond Water Map Amend. SEQRA RESOLVED “A that the Town Board of the Town of Southold hereby finds that the proposed Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, in accordance with the recommendation of the Planning Board dated June 1, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, and adopts the recommendations of the LWRP Coordinator, Mark Terry, dated June 7, 2010. ? Vote Record - Resolution RES-2010-439 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-440 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Phillip J. Bonang Part-Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry Districtadopted a resolution at their June 14, 2010 monthly meeting to hire as a part time deckhand Phillip J. Bonang effective June 23, 2010 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 RESOLVEDappoints Phillip J. Bonang that the Town Board of the Town of Southold hereby to the position of a part time deckhand for the Fishers Island Ferry District , effective June Southold Town Meeting Agenda - June 15, 2010 Page 21 23, 2010 at a rate of $11.00 per hour. ? Vote Record - Resolution RES-2010-440 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-441 CATEGORY: Budget Modification DEPARTMENT: Public Works Light Duty Dump Truck - DPW Fiscal Impact: Budget Modification taking monies from unstaffed position for 5 months and monies from Light & Power RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 General Fund Whole Town Budget as follows: From: A.1490.1.100.100 Public Works Admin., P.S., F-T Regular Earnings $24,600.00 A.1620.4.200.200 Buildings & Grounds, C.E. Utilities, Light & Power $ 3,100.00 To: A.1620.2.300.200 Buildings & Grounds, Equip. Vehicles, Trucks $27,700.00 ? Vote Record - Resolution RES-2010-441 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-442 Southold Town Meeting Agenda - June 15, 2010 Page 22 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Light Duty Dump Truck - DPW RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Stevens Ford Lincoln Mercury to supply the Town Southold Department of Public Works with 2011 F-350, 4 X 4, Light Duty Dump Truck in the amount of $27,700, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-442 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-443 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Resignation of Leroy E. Ward III WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 14, 2010 to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDaccepts the resignation that the Town Board of the Town of Southold hereby effective June 15, 2010 of Leroy E. Ward III, part time, year round deckhand for the Fishers Island Ferry District. Southold Town Meeting Agenda - June 15, 2010 Page 23 ? Vote Record - Resolution RES-2010-443 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-444 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of Construction Consultants/L.I. to Renovate the Peconic Community Center RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Construction Consultants/L.I. to renovate the Peconic Community Center in accordance with the plans and specification prepared by L. K. McLean Associates, P.C in the amount of $409,500, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-444 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-445 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with Construction Consultants/L.I. in Connection with the Renovations to the Peconic Community Center RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Construction Consultants/L.I. in connection with the renovations to the Peconic Community Center in the amount of $409,500, all in accordance with the plans and specifications prepared by L.K. McLean, P.C. and the approval of the Town Attorney. Southold Town Meeting Agenda - June 15, 2010 Page 24 ? Vote Record - Resolution RES-2010-445 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-446 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of JB’s Asphalt Sealcoating to Resurface the Roller Hockey Rink at Cochran Park RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby JB’s Asphalt Sealcoating to resurface the Roller Hockey Rink at Cochran Park in the amount of $ 16,500, all in accordance with the plans & specification prepared by James Richter, RA, Office of the Town Engineer, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-446 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-447 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Authorize and Direct Supervisor Scott A. Russell to Execute an Agreement with JB’s Sealcoating in Connection with the Resurfacing of the Roller Hockey Rink at Cochran Park RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with JB’s Sealcoating in connection with the resurfacing of the Roller Hockey Rink at Cochran Park in the amount of $16,500, all in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer and with the approval of the Town Attorney. Southold Town Meeting Agenda - June 15, 2010 Page 25 ? Vote Record - Resolution RES-2010-447 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-448 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Computer Equipment Fiscal Impact: The mother board on the Town Comptroller's laptop PC is inoperable and a replacement cannot be found. WHEREAS the computer assigned to the Town Comptroller needs to be replaced, and WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which did not include computer equipment, now therefore be it RESOLVED modifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget: as follows From: A.1990.4.100.100 Unallocated Contingencies $1,500 To: A.9901.9.000.100 Transfer to Capital Fund $1,500 and be it further RESOLVEDestablishes the following that the Town Board of the Town of Southold hereby Capital Project in the 2010 Capital Fund : Computer Equipment Capital Project Name: Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Personal Computers $1,500 Appropriations: Southold Town Meeting Agenda - June 15, 2010 Page 26 H.1680.2.600.100 Central Data Processing Capital Outlay Workstations & Printers $1,500 ? Vote Record - Resolution RES-2010-448 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-449 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Further Amendments to Wireless Code WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 15 day of June, 2010, a Local Law entitled relation to Further Amendments to Wireless Communication Facilities” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 13 day of July, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Further Amendments to The proposed Local Law entitled, Wireless Communication Facilities” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Further Amendments to Wireless A Local Law entitled, Communication Facilities” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities Southold Town Meeting Agenda - June 15, 2010 Page 27 § 280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold'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 in certain preferred locations 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: (a) Within or on existing buildings and structures where the antennas are invisible (or nearly so) from public and residential vantage points. (b) 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 (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture Southold Town Meeting Agenda - June 15, 2010 Page 28 electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including 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 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, lightning 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 discernible 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 Southold Town Meeting Agenda - June 15, 2010 Page 29 visually discernible 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 shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED -- Mounted on the roof of a building. B. SIDE-MOUNTED -- Mounted on the side of a building. C. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. D. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED -- Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED -- Mounted on the ground. 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) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) 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. Southold Town Meeting Agenda - June 15, 2010 Page 30 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 movable 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. B. 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. 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. 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. . DLocation of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f)) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. Southold Town Meeting Agenda - June 15, 2010 Page 31 (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. e) A new antenna support structure on properties in the MI, MII, B or HB zoning districts. f) A new antenna support structure on properties in the AC, R-40, R-80, R- 120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. 2. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant’s review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. 3. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship. 4. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. 5. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; Southold Town Meeting Agenda - June 15, 2010 Page 32 (c) The use or construction of wireless facilities which is contrary to an already stated purpose of a specific zoning or land use designation; (d) The placement and location of wireless facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; (e) Conflicts with the provisions of this chapter. D.E. Guyed or lattice antenna support structures are prohibited. E. F. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater. (2) Land above high groundwater (within 10 feet of the surface). (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. F. G. Fall zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board 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. G. H. Federal aviation regulations. All 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. H. I. Antenna support structures in the zoning districts LI, LIO, MI, MII, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. Southold Town Meeting Agenda - June 15, 2010 Page 33 (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. I. J. 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 square feet 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 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The 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 Subsection M; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at an outside location 10 feet from the equipment shelter all adjacent property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. J. K. Radio emissions must fall within the maximum permissible exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. Southold Town Meeting Agenda - June 15, 2010 Page 34 (3) The power density analysis must be based on the most recent edition of FCC Office of 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. K. L. At the request of the Building Inspector, 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. L. M. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. M. N. Site design standards. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: (1) 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, unless otherwise indicated elsewhere in this chapter. (2) 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. (3) Base station equipment shelter. For newly constructed wireless facilities, a base equipment shelter is limited to 500 square feet in floor area. If the newly constructed wireless facility is designed for co-location, the facility may be up to 1,000 square feet. The base station equipment shelter shall be constructed with a Southold Town Meeting Agenda - June 15, 2010 Page 35 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 adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior-mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. (4) Base equipment shelter landscaping. A screen of evergreen trees shall be planted outside the fence of the telecommunication tower base area base equipment area or shelter 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. (5) 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. § 280-71. Required approvals. All wireless facilities and modifications thereto shall require a building permit, site plan approval, and/or special exception approval, except in cases of ordinary maintenance as defined in §280-69, as stated below: 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, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. A. Building permit required. (1) All applications for a building permit shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to § 280-70 and falls in one of the following two categories: Southold Town Meeting Agenda - June 15, 2010 Page 36 (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 District which conforms to the following requirements: [1] 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 onto an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and [2] Base station equipment: [a] Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [b] Located in an underground vault, with any aboveground components screened from view with evergreen planting; or [c] 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; [d] Noise from base equipment, including any backup generator, measures less than 45dB at the nearest all adjacent property lines of all adjacent residences; or (b) Modification, as defined in § 280-69, including co-location, of 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 requirements: [1] 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 Southold Town Meeting Agenda - June 15, 2010 Page 37 also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. B. 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) Building Permit and Site Plan only. 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 § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [1] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [1][2] Roof-mounted facilities shall conform to the following requirements: [a] Visual impact minimized to the greatest extent possible; [b] Height limited to no more than 10 feet above the highest point of the building; and [2][3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [3][4] Base station equipment {as specified above in Subsection A(2)(a)[2]}; or (b) Modification, as defined in § 280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: Southold Town Meeting Agenda - June 15, 2010 Page 38 [1] Co-locations shall not extend the height of the structure more than 10 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 10 feet shall require special exception review and approval; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. C. Special exception. All applications for special exception shall comply with the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-74, Application requirements. § 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 facade, shall be flush-mounted and painted or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) 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. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, Southold Town Meeting Agenda - June 15, 2010 Page 39 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. (5) 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. (6) 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 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. (7) Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (8) Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. (9) 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 feet 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 feet, 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 30 feet on center. The trees Southold Town Meeting Agenda - June 15, 2010 Page 40 must have an expected height at maturity of at least 10 feet 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. (10) 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. § 280-73. Special exception approval. A. Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. B. Standards. In addition to the standards in Article XXV of this 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. C. 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 Southold Town Meeting Agenda - June 15, 2010 Page 41 rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. D. 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 standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. A. Fees. The following fees are in place of those required in other sections of the Code: (1) Building permit application fees. (a) Modification: $500. (b) New facility: $750. (2) Site plan application fees. Southold Town Meeting Agenda - June 15, 2010 Page 42 (a) Modification: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (4) Review by independent consultants. (a) Upon the Planning Board’s determination that referral to the Planning 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 a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. (b) Withdrawals from said escrow account may be made from time to time to reimburse the Planning Board Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to ¼ of its initial amount a balance of less than $2,500.00, the Planning Board shall notify the applicant; thereafter, and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ½ of the initial deposit at least $5,000.00 or to such sum as deemed necessary by the Committee Planning Board. 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 Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant Southold Town Meeting Agenda - June 15, 2010 Page 43 to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. B. Building permit application. (1) The following application requirements are in addition to those required in § 144- 8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (b) Written documentation as to the facility's structural compliance with local, state and federal codes. (c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (d) 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. (e) A "gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall 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. Southold Town Meeting Agenda - June 15, 2010 Page 44 (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 article. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with § 280-70 General requirements for all wireless communication facilities, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. C. Site plan application. The following application requirements are in addition to those required in § 280-133: (1) Seven copies of the completed building permit application required under Subsection B. (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) 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: Southold Town Meeting Agenda - June 15, 2010 Page 45 (a) The nearest residential structure. (b) The nearest property line with a residential use. (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 lightning protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this article. D. Special exception application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this chapter: (1) Each application shall include: (a) One copy of the building permit application. (b) One copy of the site plan application. (c) 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 article. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. Southold Town Meeting Agenda - June 15, 2010 Page 46 (3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (4) The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co-location, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning co-location is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. § 280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; height reduction. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed Southold Town Meeting Agenda - June 15, 2010 Page 47 abandonment or will be in violation of this article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. 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 a lien upon such land. If the 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 are provided by law for the collection and enforcement of real property taxes in the Town of Southold. B. 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. C. 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 ensure the proper decommissioning of wireless communication facilities within the entire 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. § 280-76.1 77. Preexisting antenna support structures and antennas. A. Preexisting transmission antenna 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, subject to the conditions of that permit. Preexisting transmission antenna 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 Southold Town Meeting Agenda - June 15, 2010 Page 48 provisions of this article. Preexisting transmission antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. B. Any wireless service provider with at least one preexisting transmission antenna 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 any new approvals until the preexisting transmission antenna support structure or antenna is brought into compliance with this article. C. 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 antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. D. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission antenna 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. § 280-76.2 78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70H I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-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 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 280-70H I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. 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 280-72A(6), Scenic landscapes and vistas. 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 Southold Town Meeting Agenda - June 15, 2010 Page 49 that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70M N(4), Base equipment shelter landscaping. 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 280-72A(9), Antenna support structures in or adjacent to residential zones. 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 280-76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming 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 preexisting 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. § 280-79. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to §280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280-76.3 80. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280-76.4 81. When effective. This article shall take effect immediately upon filing with the Secretary of State. Southold Town Meeting Agenda - June 15, 2010 Page 50 ? Vote Record - Resolution RES-2010-449 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-450 CATEGORY: Subdivisions DEPARTMENT: Town Clerk Release “Deer Run” @ Bayview Letter of Credit RESOLVED releases the following letter that the Town Board of the Town of Southold hereby of credit for the major subdivision of Deer Run at Bayview - Zoumas Contracting Corp: Letter of Credit No. 040623, dated June 23, 2004 issued by the Suffolk County National Bank in the amount of $143,250.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-450 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-451 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Accessory Apartments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 18 day of May 2010, a Local Law entitled relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Southold Town Meeting Agenda - June 15, 2010 Page 51 Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Use Regulations within the Law entitled, Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” which reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Use Regulations within A Local Law entitled, the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community.” II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT - An apartment A dwelling unit created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner’s spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. Southold Town Meeting Agenda - June 15, 2010 Page 52 (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased Southold Town Meeting Agenda - June 15, 2010 Page 53 for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dwelling unit apartmentas defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation.Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner’s principal residence. In the event of an owner’s demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (l) All conversions shall be subject to the inspection of the Building Inspector and renewal issuance of the a certificate of occupancy compliance. annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m) The building dwelling which is converted to permit an accessory apartment shall be in existence, and have be eligible for or have a valid , certificate of occupancy issued prior to January 1, 1984 2004 or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. Southold Town Meeting Agenda - June 15, 2010 Page 54 (q) No bed-and-breakfast facilities, as authorized by § 280-13B(1415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading Southold Town Meeting Agenda - June 15, 2010 Page 55 areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet Southold Town Meeting Agenda - June 15, 2010 Page 56 of land area shall be provided for each person accommodated in the buildings or tents on the premises.EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies.EN (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( f) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (i) No bed-and-breakfast facilities, as authorized by Section280-13(B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (j) Occupancy of resident structures on the premises shall be subject to the Southold Town Meeting Agenda - June 15, 2010 Page 57 issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner’s principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is Southold Town Meeting Agenda - June 15, 2010 Page 58 authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] D. Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. f) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the Southold Town Meeting Agenda - June 15, 2010 Page 59 accessory structure is occupied by the owner as the owner’s principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and c) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. d) that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (4) Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the right to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and Building Code and this Code. (5) Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. (6) Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. (7) Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. (8) Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold Town Meeting Agenda - June 15, 2010 Page 60 Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner’s failure to satisfy the requirements of Section 280-13B(13)(j)(1) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public hearing. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. A. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. B. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. D. The Building Inspector shall make the necessary inspections for the purpose of Southold Town Meeting Agenda - June 15, 2010 Page 61 ascertaining whether or not existing conditions comply with the provisions of this chapter. E. At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference.EN G. For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The Director of Code Enforcement Zoning Inspector of the Town of Southold.EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector, or Zoning Ordinance Inspector or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day’s continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. Southold Town Meeting Agenda - June 15, 2010 Page 62 § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. 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-2010-451 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-452 CATEGORY: Bond DEPARTMENT: Town Clerk Wastewater RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the Southold Town Wastewater Southold Town Meeting Agenda - June 15, 2010 Page 63 Disposal District (herein called the “District”), in the Town, has requested certain engineers duly licensed by the State of New York (herein called the “Engineer”), to prepare a map, plan and report for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility at the estimated maximum cost of $700,000; and WHEREAS, the Town Board adopted a resolution describing in general terms the proposed improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said improvement of facilities on June 15, 2010 at 7:40 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on this 15th day of June, 2010 at 7:40 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said improvement of such facilities; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to improve the facilities of the District as hereinabove described, at the estimated maximum cost of $700,000; and it is hereby ORDERED, that the facilities of the District shall be so improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the cost of said improvement of facilities shall be financed by the issuance of $700,000 bonds of the Town, and such cost, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. Southold Town Meeting Agenda - June 15, 2010 Page 64 ? Vote Record - Resolution RES-2010-452 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-453 CATEGORY: Bond DEPARTMENT: Town Clerk Bond Resolution Wastewater BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 15, 2010, APPROPRIATING $700,000 FOR THE IMPROVEMENT OF FACILITIES OF THE SOUTHOLD TOWN WASTEWATER DISPOSAL DISTRICT, AND AUTHORIZING THE ISSUANCE OF $700,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to improve the facilities of the Southold Town Wastewater Disposal District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $700,000 for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is Southold Town Meeting Agenda - June 15, 2010 Page 65 $700,000. The plan of financing includes the issuance of $700,000 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $700,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing Southold Town Meeting Agenda - June 15, 2010 Page 66 bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is The hereby authorized and directed to publish the foregoing bond resolution, in summary, in “ Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2010-453 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. Set PH for 6/15/10 @ 7:32 PM for LL/Amendment Night Fishing Parking Permits 2. Set PH for 6/15/10 @ 7:35 PM LL/Amends. to Use Regulations/Access. Apts. 3. PH 6/15/10 @ 7:40 PM Scavenger Waste Decommissioning Southold Town Meeting Agenda - June 15, 2010 Page 67 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk