The URL can be used to link to this page

Home My WebLink AboutTB-07/13/20102. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES July 13, 2010 7:30 PM A Regular Meeting of the Southold Town Board was Hall, 53095 Main Road, Southold, NY. the Pledge of Allegiance to the Flag. Call to Order. 7:30 PM Meeting called to order on July 13, 2010 at Southold, NY. I. Reports ZBA HRC II. Public Notices IlL Communications IV. Discussion 1095 Route 25, t McMahon Pec ~ Request LL/Buildin~ 12:00 P.M. LL/Deer Fence to Wireless Code Open Space Fees - to Code Committee - John Cushman EXECUTIVE SESSION - Litigation Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 15, 2010 July 13, 2010 Page 2 Southold Town Board Meeting Minutes William Ruland : Seconder [] Accepted Vincent Orlando Voter [] Accepted as Amended Christopher Talbot Voter [] Tabled Ai~ ~p~i ¥ Voier Louisa P. Evans ; Initiator Scott Russell Voter RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 29, 2010 Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. I am going to ask anybody who would like to comment on any item as it appears on the agenda to please feel free to do so at this time? (No response) Let's move forward. V. Resolutions 2010-498 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 13~ 2010. [] Supt Hgwys Appt 2010-499 July 13, 2010 Page 3 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 27, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. · /' V*te Record - Resolution RES-2010=499 ...... [~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter V~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-500 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Demolition - Scavenger Waste Plant, Greenport RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the decommissioning and demolition of the Southold Scavenger Waste Treatment Facility~ Moores Lane~ Greenporh NY~ in accordance with the plans and specifications prepared by L.K. McLean Associates~ P.C. · t' ~0te ReCOrd ~ Re~01ufl0n RES-2010-500 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abs!~!n ~bs~nt [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] Louisa P. Evans seconder [] v1 El [] [] Rescinded ~ El El [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-501 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation USDA-NRCS 73-2C31-7-956 Amendment (43 Grant Funding RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Revision No. 3 to Cooperative Agreement No. 73- 2C31-7-956 between the USDA-Natural Resources Conservation Service (NRCS) and the July 13, 2010 Page 4 Southold Town Board Meeting Minutes Town of Southold in connection with an existing Cooperative Agreement between the United States of America Commodity Credit Corporation and the Town of Southold. The execution of this Revision will amend the original agreement to revise the closing deadline, fund disbursement, request deadline, and agreement expiration date. All other terms and conditions of the original agreement remain unchanged and in full force and effect. The execution of this Amendment is subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] D~feated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt A!be~ ~psk! ~[' ~der [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-502 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution Town Attorney Approve and Endorse the Application of New Suffolk Waterfront Fund, Inc. for a Grant Under the Environmental Protection Fund for a Park Project Known as Creating the Future of the New Suffolk Waterfront Located Within This Community. WHEREAS, the New Suffolk Waterfront Fund, Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund for a park project to be located on the waterfront in the Hamlet of New Suffolk, a site located within the territorial jurisdiction of the Town of Southold; and WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located". NOW, THEREFORE, be it RESOLVED that the Town Board of the Town of Southold hereby does approve and endorse the application of New Suffolk Waterfront Fund~ Inc. for a grant under the Environmental Protection Fund for a park proiect known as Creating the Future of the New Suffolk Waterfront located within this community. July 13, 2010 Page 5 Southold Town Board Meeting Minutes Vote Record - Re~lution RESt010-502 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator . [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] · [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-503 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff's Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk~ acting through its duly constituted Sheriff's Office, in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $80,000 for Operation Shield administered by the Suffolk County Sheriffs Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Y~s~AY~ ~P~aY Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~hsi0Pher Ta!b~t Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-504 CA TEGOR Y: DEPARTMENT: Committee Appointment Human Resource Center Permission to Accept Committee Appointment Fiscal Impact: Quarterly meetings are held in Suffolk County during regular business hours therefore no overtime will be incurred. Resolved the Town Board of the Town of Southold hereby grants permission for Karen McLaughlin, Town Director of Human Services to accept appointment and serve as Chairperson of the Long Term Care Council for Suffolk County's New York Connects Program for a term of one year. July 13, 2010 Page 6 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/Ay~ N0~ay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~t~ph~ T~lbo~ i~i~i~r [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Seconder [] [] [] [] [3 Tax Receiver's Appt Voter [] Rescinded Louisa P. Evans ~ ~ I'1 ~ ~ [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-505 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Town of Southold and the Suffolk County Office for the Aging for Community Services for the Elderly Residential Repair Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program regarding a one year extension for the period April 1, 2010 through March 31, 2011, subject to the approval of the Town Attomey. Vote Record - Resolution R~S-~0~0-505 [] Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] D Albext Krupski Jr.Voter [] [] [] [] [] Tax Receivers Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell ' Voter [] [] [] [] [] Supt Hgwys Appt 2010-506 CATEGOR~ DEPARTMEN~ Employment - Town Accounting Hire PT Seasonal Theatre Personnel FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 6, 2010 to hire two part-time seasonal employees for the operation of the movie theater for the summer season from July 1st until September 7, 2010. Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week, and July 13, 2010 Page 7 Southold Town Board Meeting Minutes 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 RESOLVED that the Town Board of the Town of Southold hereby appoints Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week. These appointments will begin on July 1, 2010 and end on September 7, 2010. Vote R~eord. Resolution R~8-2010--506 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Abs~n~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [3 Supecvisor's Appt A!b~ ~PSki Jr: Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoe Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 506 COUNCILMAN KRUPSKI: Louisa, who owns the movie theatre on Fishers Island? JUSTICE EVANS: The town. COUNCILMAN KRUPSKI: Oh. COUNCILMAN TALBOT: How many movies do they show a week? JUSTICE EVANS: I think they show four now. (Ingudibl~) 2010-507 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Hold the 2Nd Annual Peconic Bay Barge Bash on Saturday, August 7, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Kramer and his committee to hold the 2na Annual Peconic Bay Barge Bash on Saturday~ August 7, 2010~ from 1:00 PM to 5:00 PM between Goose Creek and Town Creek in about 6' of water offthe flats, subject to the submission by the applicant ora Certificate of Insurance not less than $1,000,000 naming the Town of Southold as additional insured during the time of the event and the payment $2249.92 for remuneration of Police Department costs and any additional post event clean-up costs. Approval is for this year only as the Town Board continues to evaluate the use of town waterways. July 13, 2010 Page 8 Southold Town Board Meeting Minutes .,e Vote Ree0rd - Re~olutton RESt2010-507 [] Adopted [] Adopted as Amended Yes/Aye No[Nay Abstain Absent [] Defeated William Ruland Seconder [~ [] [] [] [] Tabled Vincent Orlando Voter I~ [] [] [] [3 Withdrawn Christopher Talbot Voter [~ [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Initiator [~ [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [~ []· [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt 2010-508 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement W/Lamb & Barnosky, LLP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Lamb & Barnosk¥~ LLP in connection with professional services provided on all labor relations and employment law matters for the period July 1, 2010 through June 30, 2013, at a fee of Thirty-eight Thousand ($38,000.00) Dollars per year for the period July 1,2010 - June 30, 2011; Forty Thousand ($40,000) Dollars per year for the period July 1,2011 - June 30, 2012; and Forty-two Thousand Five Hundred ($42,500) Dollars per year for the period July 1, 2012 - June 30, 2013, all in accordance with the approval of the Town Attorney. · ~ V6te Record ~ Resoiua0n REs-2010-508 [~ Adopted [] Adopted as Amended ~s/A~ ~(Na~ Abstain ~S~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Ch~stopher Talbot Seconder [] [] [] [] [] Supervisors Appt [] [] [] [] [] Tax Receiver's Appt AIber~ Kmpski Jr. Voter [] R~cinded Louisa P. Evans Initiator [] [] [3 [3 [] Town Clerk's Appt Scott Russell Voter [] Supt H~s Appt 2010-509 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Cochran Park - Basketball Court RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Paul Corazzini Jr. & Sons to construct a basketball court at Cochran Park~ in the amount of $23,100, all in accordance with the plans and specifications prepared by James Richter, RA, Office of the Town Engineer. July 13, 2010 Page 9 Southold Town Board Meeting Minutes Vote Record - Re~olutinn RE8-20t0-509 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Supt Hgwys Appt Comments regarding resolution 509 COUNCILMAN RULAND: Reluctantly, yes. COUNCILMAN KRUPSKI: I am going to vote no, I think it is a great idea to have all the facilities we can for the public but we just passed a resolution to resurface the roller rink and the more, every structure that the town builds, you look at what you are doing for the kids today but you want to make sure that the town is a place where the kids can afford to come back here and live in the future and the more infrastructure we build, it is going to make it more and more expensive to maintain all that. So therefore I vote, you can't have absolutely everything that you want and I vote no. JUSTICE EVANS: Reluctantly, yes. COUNCILMAN ORLANDO: Just for the record, the $23,100 does come out of the Park and Recreation fund. SUPERVISOR RUSSELL: If it is a committed account, it can only be used for Parks and Recreation capital projects. COUNCILMAN ORLANDO: Doesn't come out of the taxpayers. 2010-510 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Cochran Park - Basketball Court RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Paul Corazzini Jr. & Sons in connection with the construction of a basketball court at Cochran Park, in the amount of $23,100, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2010-510 [] Adopted [] Adopted as Amended Yes/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] F1 [2 [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt A!b~ ~P~k! ~r: yp~er ~ ~ [] [3 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ScoU Russell Voter [] [] [] [] [] Supt Hgwys Appt July 13, 2010 Page 10 Southold Town Board Meeting Minutes Comments regarding resolution 510 SUPERVISOR RUSSELL: Just for some clarification, you know this basketball court is an issue that has been coming up a few times. I have serious reservations about spending capital money in a very down economic climate, we did just recently receive money for Parks and Recreation fund for a subdivision that was long sought after and finally completed. I still have reservations about it but you know, we did put a challenge to that community, said show us the need, show us the demand, show us the want and we will reconsider it. Well, they did that. They gave us a petition with hundreds of names on it. They kept their end of the bargain and now, reluctantly albeit, I am keeping mine. So that is why I support them. 2010-511 CATEGORY: DEPARTMENT: Budget Modification Supervisor Community Outreach Budget Mod Fiscal Impact: Amount needed to cover advertising community events for 2010 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $2000.00 To~: A. 1010.4.600.800 Town Board Advertising $2000.00 Vote Reeord- Resolution RES-2010-Sll [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Alber~ Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt Comments regarding resolution 511 COUNCILMAN KRUPSKI: That is what we talked about with Phil this morning? COUNCILMAN ORLANDO: Yes. COUNCILMAN KRUPSKI: I think that is a good idea. I think we don't do enough outreach as far as what the town does and what is available and I think that will help the community be informed. 2010-512 July 13, 2010 Page 11 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set PH LL/Building Permit Fees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees. 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 l0th day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning"~ in connection with Building Permit Fees. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit and certificate of occupancy fees associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is outdated and requires revision. Additionally, the Town Board is removing the references to · certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that all Building Department fees are located in Chapter 144. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: July 13, 2010 Page 12 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) [ 1 ] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area in ex=ess .~f $50 [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in excess of SO0 square feet. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1 ] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor-area in :xgcs: cf [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in =xccgs ~f 599 square feet. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 $100 minimum and $0.30 for each square foot in excess ~,f 299 square feet of floor area. If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land cleating or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-15. Certificate of occupancy required; application. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit, which fee shall be paid into the general July 13, 2010 Page 13 Southold Town Board Meeting Minutes (2) fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-154. Certificates of Occupancy. IV. 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. V. EFFECTIVE DATE July 13, 2010 Page 14 Southold Town Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record. R~solution 11~2010-512 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando V0ier ~ [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supecvisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgw-/s Appt 2010-513 CA TEGOR Y: DEPARTMENT: Grants Town Attorney Approves the Attached Resolution Submitted by the Board of Commissioners for the Fishers Island Ferry District Dated July 6, 2010, Authorizing the Acceptance ora Matching Grant to Federal Grant #3-36- O029-15-08 from the New York State Department of Transportation (NYSDOT) for Work at Elizabeth FieM Airport Described as Airport Layout Plan Update, PIN 0913.15 RESOLVED that the Town Board of the Town of Southold hereby approves the attached resolution submitted by the Board of Commissioners for the Fishers Island Ferrv District dated July 6~ 2010~ authorizing the acceptance of a matching grant to Federal Grant #3-36- 0029-15-08 from the New York State Department of Transportation (NYSDOT) for work at Elizabeth Field Airport described as Airport Layout Plan Update~ PIN 0913.15, subject to the approval of the Town Attorney. ,~' Vote Record ~ ResolutiOn RES-2010-$13 .... 1~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] 12 [] [] Tabled ~in¢~t oda~d0 s~0nder ~ 0 ~ ~ [] Withdrawn Christopbck Taibo~ V~ier [] 0 ~ FI [] Supervisor's Appt [] Tax Recdver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] R~scinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-514 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Flag Pole at Jean Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes the Northville Flag Pole Compan,y to install a 40' flag pole in Jean Cochran Park~ at no cost to the Town~ subject to the submission of an insurance certificate naming the Town of Southold as an July 13, 2010 Page 15 Southold Town Board Meeting Minutes additional insured and an executed Indemnification Agreement in a form approved by the Town Attorney. Vote Record - Resolution RES-2010~514 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] El [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-515 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Further Amends to Wireless Code SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in Relation to Further Amendments to Wireless Communications Facilities" 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 a~d issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 12, 2010, which indicates that the proposed Amendments to the Code were not significant to warrant a second review and his original review dated October 19, 2009 is applicable, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ,r' ¥$te Record ~ Resolution RES-2010;5i5 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albext Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [2] El VI [] Supt Hlgwys Appt 2010-516 CATEGOR~ DEPARTMEN~ Enact Local Law Town Clerk Enact LL 4 Wireless Communications Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June 2010, a Local Law entitled "A Local Law in July 13, 2010 Page 16 Southold Town Board Meeting Minutes relation to Further Amendments to Wireless Communication Facilities" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, so now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities" which reads as follows: LOCAL LAW NO. 4 of 2010 A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless 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 § 280-67. Purpose. 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. ~he-goats~ § 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 July 13, 2010 Page 17 Southold Town Board Meeting Minutes 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. Def'mitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily 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-carder 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 ora 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 carder for the purpose of transmitting and/or receiving radio fi'equency 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 July 13, 2010 Page 18 Southold Town Board Meeting Minutes 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 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 carder'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 ROOF-MOUNTED -- Mounted on the roof of a building. SIDE-MOUNTED -- Mounted on the side of a building. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. 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. 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 antenna, e.g.: A. B. C. D. July 13, 2010 Page 19 Southold Town Board Meeting Minutes 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. 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. ~;~+ ....... ~;~ ~o~n ~n All i 1 i ti fa iliti d ................ , ............. ~ ...... w re ess comm~ ca on c es,~ modifications to such facilities (as defined in ~280-69) shall require a building pe~it, site pl~ approval, ~d special exc~tion approval, except those meeting cegain requirements as stated in ~280-71A(2) ~d ~280-71B(2), ~d except in cases ofordin~y maintenance as defined in ~280-69. No new ~te~a suppo~ s~c~es may be constructed without a c~er licensed by the FCC as a provider. An FCC-licensed provider of wireless comm~ications se~ices must be the applicant or ~e co-applic~t for ~y proposed new wireless co~ication facility, co-location or modification. Location of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accord~ce with ~e following priorities, (a) being the hi,est priority ~d (0) being the lowest priority. (a) On existing ~te~a suppo~ structure or other s~ctures on To~ owned prope~ies, including ~e fi~t-of-way. (b) On ~ existing ~te~a suppo~ s~cmre or other stmc~es on othg prop~y in the Town. (c) A new antenna suppo~ structure on Town o~ed prope~ies. (d) A new ante~a suppo~ structure on prope~ies in the LI or LIO zoning districts. (e) A new ~te~a suppog stmct~e on prope~ies in the MI, MII, B or HB zoning dis~cts. (~ A new ~te~a suppo~ stmc~re on prope~ies in the AC, R-40, R-80, R- 120, R-200, R-400, LB, RO, ~, HD or AHD zoning districts. 2. If the proposed site is not proposed for the hi,est priority listed above, ~e Applicant shall submit a written repo~ dmonstrating the Applic~t's review of · e above locations in order of priority, dmons~ating the technolo~cal reason for ~e site selection. If appropriate, based on selecting a site of lower priority, a detailed written expiration as to why sites of a hi~er pdohty were not selected shall be included with the Application. The Applic~t seeking such ~ exception must satisfactorily demonstrate the reason or reasons why such a pe~it should be July 13, 2010 Page 20 Southold Town Board Meeting Minutes 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. 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. 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; (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. Guyed or lattice antenna support structures are prohibited. 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. 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. July 13, 2010 Page 21 Southold Town Board Meeting Minutes Ce. 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. ~4. I_.Antenna support structures in the zoning districts LI, LIO, MI, Mil, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. ~. 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 fi.om 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 fi.om base equipment, including any backup generator, measures less than 45dB at ............................... ~": .... + ~'~+~ all a acent property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. ~. 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. (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 July 13, 2010 Page 22 Southold Town Board Meeting Minutes ~M~. M=.N~. an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. 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 waming 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. Fer ne;;'!3 .....~,,~,,~,,~'^~,~,~ ..,:~., ..~.~ c~:~:,:~__~, ~ ~,~,,,~ 4¢X~square4e~. The base station equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two 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 :~c!tzr landscaping. A screen of evergreen trees shall be planted outside the fence of the '~ ........ :~':^~ · ...... ~' ....... 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 July 13, 2010 Page 23 Southold Town Board Meeting Minutes (5) sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. § 280-71. Required approvals. ;. ~,on ~n .~ o*.+-, ~-.~ ..... All i 1 i tio fa iliti d difi ti ch 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. 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: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil 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 July 13, 2010 Page 24 Southold Town Board Meeting Minutes 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 ~ all adjacent property lines c ~. ~: .... · ~:~ ...... (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. ,r~ ~- ....... : .... · .... ~ ...... ~ ~,,, c::tcr~. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. 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 MI1 Zoning District which conforms to the following requirements: [1] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [4-][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 [3][3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background July 13, 2010 Page 25 Southold Town Board Meeting Minutes materials of the structure; and [~][~ 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 Mil Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: [ 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]}. 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. 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, July 13, 2010 Page 26 Southold Town Board Meeting Minutes 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) Coqocation. 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 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 July 13, 2010 Page 27 Southold Town Board Meeting Minutes (10) facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. § 280-73. Special exception approval. 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. 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. Matters to be considered. In addition to the matters to be considered in Article XXV of this chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its'visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. July 13, 2010 Page 28 Southold Town Board Meeting Minutes (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. 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, roles 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. 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. (a) Modification: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (4) Review by independent consultants. ............... , :~ ~,~ ~ ~.-~a The Town may hire ~y consult~t(s) anWor expe~(s) necess~ to assist the Town in reviewing ~d evaluating the Application, including the cons~ction and modification of the site, once p~itted, and ~y site inspections. Said escrow account sh~l be ~nded by the applic~t with an initial deposit of $8,500.00. No application shall be consid~ed complete for review pu¢oses ~til an escrow account is established ~d ~ded. (b) Withdrawals from said escrow account may be made ~om time to time to reimb~se the Ol ~..:. ~ D~.~A ........ ~ .....Town for the cost of its consultant(s) professional review se~ices ac~ally incu~ed in co~ection with ~e review of ~y application including where applicable, ~e lease July 13, 2010 Page 29 Southold Town Board Meeting Minutes (c) 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 V~ cf its initial amc-~nt a balance of less than $2,500.00, the Planning Board shall notify the applicant; tk~:'.caffm, and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ~ at least $5,000.00 or to such sum as deemed necessary by the Gommittee 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 ~ Planning Board may suspend its review of the application. 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 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. 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 July 13, 2010 Page 30 Southold Town Board Meeting Minutes applicable to the Town of Southold. (f) Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this 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. 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 carders already located on the facility, with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: (a) The nearest residential structure. (b) The nearest property line with a residential use. (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. July 13, 2010 Page 31 Southold Town Board Meeting Minutes (14) Other information deemed by the Planning Board to be necessary to assess compliance with this article. 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. (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 altematives 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 July 13, 2010 Page 32 Southold Town Board Meeting Minutes 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. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this article. In the case 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. 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. July 13, 2010 Page 33 Southold Town Board Meeting Minutes 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 .... 77. Preexisting antenna support structures and antennas. Preexisting ,~ans_-nission 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 iran:re!aZ!Ch 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 provisions of this article. Preexisting transmiss;.cn antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting ............... 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. 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 tran~..*ni~ion antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting ~- ....:~:~ ............... 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 .... 78. Wmvers of cmtena. 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. Section 280-70t4 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 July 13, 2010 Page 34 Southold Town Board Meeting Minutes Bo of other carriers is likely by demonstrating that coverage or capacity gaps of other carders are located in the same area as the proposed structure. Section 280-71314 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. 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 that the existing vegetation achieves the purpose of concealing the structure. 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. 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. Section 280 74.! 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 74.2 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. July 13, 2010 Page 35 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] : [3 [] [] El Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ChrisioPher TalbOt V~ter r3 Supervisor's Appt Albert ~psk! Jr. Vpter I-I Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt VI. Public Hearings Motion To: Motion to recess to Public Heating RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell LL/Further Amendments to Wireless Code COUNCILMAN TALBOT: NOTICE 1S HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June 2010, a Local Law entitled "A Local Law in relation to Further Amendments to Wireless Communication Facilities" and NOTICE IS HEREBY FURTHER GIVEN 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 13th day of July, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless 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 § 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 July 13, 2010 Page 36 Southold Town Board Meeting Minutes 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. ~ .............. ~, ............. acc, cra 3 ...... 0~ in . § 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, monopo]e, building or structure and used in communications that radiate or capture e]ectromaguetic waves, digital sigua]s, 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 monopo]es. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carder 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 po]e, 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. July 13, 2010 Page 37 Southold Town Board Meeting Minutes 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 carder for the purpose of transmitting and/or receiving radio fi'equency 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 visually discernible components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carder 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 July 13, 2010 Page 38 Southold Town Board Meeting Minutes 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. 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-cartier 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 ali 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. ..... ~ ........'* ............. ~ v ....... , .... v ....et- ..... , ....v .......... v ..... aFFroval ~-, ........ ~ :, ~t~ ~n 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 carder 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. D. Location 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 (fl) 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. (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. July 13, 2010 Page 39 Southold Town Board Meeting Minutes 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. 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. 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. 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. 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; (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. Guyed or lattice antenna support structures are prohibited. 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). July 13, 2010 Page 40 Southold Town Board Meeting Minutes (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. ~.. 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. }4. I_.Antenna support structures in the zoning districts LI, LIO, MI, Mil, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. ~. 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 ..... +°;~ ~"~" !9 feet from the v.~.,v ............... all adiacent 45dB at ................... ~"; .... + property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. ~. 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 July 13, 2010 Page 41 Southold Town Board Meeting Minutes t=M~. M~. N__~. radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office 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. 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. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. 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. ~ ....... ' ...... ,_.~,~ ...;~,~ c.~:~:,;~ ~ ~.n.~ ., .... ~ ........ The base station equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the July 13, 2010 Page 42 Southold Town Board Meeting Minutes 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 shette~ landscaping. A screen of evergreen trees shall be planted outside the fence of the ~ ........ ~n,~ · ..... ~. ....... 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 communication facilities, and modifications to such facilities (as defined in 8280-69) 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 8280-69 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: (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 July 13, 2010 Page 43 Southold Town Board Meeting Minutes 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 lc] 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 themear~t- all adlacent property hnes ....... a ................. , 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 catising 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 ~nstallat~on enter-~. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2] }. 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 Mil Zoning District which conforms to the following requirements: July 13, 2010 Page 44 Southold Town Board Meeting Minutes. (b) [1] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [-I-][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 [~][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 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 MI1 Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: [ 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 July 13, 2010 Page 45 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) (7) (8) (9) which is consistent with the design features and materials of the building. Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300 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. 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. 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. 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 ora 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 July 13, 2010 Page 46 Southold Town Board Meeting Minutes 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 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 cartier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. July 13, 2010 Page 47 Southold Town Board Meeting Minutes (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 altemative 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. (a) Modification: $1,000. (b) New facility: $2,000. (3)Special exception application fee: $1,000. (4)Review by independent consultants. ............... + 1. ~.*~I. 1;.I~A ~--A g,.A~A The To n 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. July 13, 2010 Page 48 Southold Town Board Meeting Minutes (b) Withdrawals from said escrow account may be made from time to time to reimburse the P!anning Ezard 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 V4 ,~fit: initial a:nc, unt a balance of less than $2,500.00, the Planning Board shall notify the applicant~ and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ~A oftke in/tia! ~e?osit at least $5,000.00 or to such sum as deemed necessary by the C,~mm~ttoo 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 ~ 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 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 July 13, 2010 Page 49 Southold Town Board Meeting Minutes 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. (0 Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's fight 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. 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: (a) The nearest residential structure. (b) The nearest property line with a residential use. (c) All other structures. (d) Roads, rights-of-way, driveways. July 13, 2010 Page 50 Southold Town Board Meeting Minutes (11) Fall zone radius and distance. (12) Proposed means ofaccess. (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. 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. (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 Plauning 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 July 13, 2010 Page 51 Southold Town Board Meeting Minutes 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 abandonment or will be in violation of this article. In the case ora wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed 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 July 13, 2010 Page 52 Southold Town Board Meeting Minutes 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 .... 77. Preexisting antenna support structures and antennas. A. Preexisting tr~ns.missi,~n 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 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 ~ansmissizn 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 transmissi,~n antenna support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmiggiv, n antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting ~a~ns.mi~i,~n 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 7~.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 280-7014 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 carders is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. B. Section 280-7014 I(3), Minimum distance of all wireless equipment to adjacent residential July 13, 2010 Page 53 Southold Town Board Meeting Minutes 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 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 .... 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--7-6,4 8._~1. When effective. This article shall take effect immediately upon filing with the Secretary of State. We have a copy of the legal notice as it appeared with all the particulars on that. We have a notice that it appeared in the Suffolk Times on July 6 of 2010. We have notice, affidavits that it was posted on the Town Clerk's bulletin board. We have the recommendation of the Southold Town Planning Board, 'The Planning Board has reviewed the above amended proposed legislation and supports the amendments with no further comments or recommendations.' We also have a recommendation from the Suffolk County Department of Planning, 'Pursuant to the requirements of section A 14-14 to 25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is July 13, 2010 Page 54 Southold Town Board Meeting Minutes considered to be a matter of local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval or a disapproval.' We also got a letter from the LWRP coordinator, 'This proposed action was originally reviewed in February of 2009, it was found to be consistent with the LWRP program. The recent changes within the proposed local law were found to be not significant enough to warrant a second review of the action.' SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the amendments to this particular local law? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I haven't been following it. My concem is about putting this near schools, has that been researched because I know... SUPERVISOR RUSSELL: This law doesn't roll out the red carpet for these cell towers, in fact, quite the opposite. It puts more of a burden on applicants... MS. SAWASTYNOWICZ: Good. SUPERVISOR RUSSELL: To prove that the locations are safe and that the locations are needed because there is poor coverage in the area. What you tended to see historically was cell tower carriers going to the path of least resistance, these locations were you get a few towers in one small area so that the town wasn't adequately or well covered and then you had this congestion. The idea here is to tell these cell carriers, whoever wants to erect a cell, is show us that this is a dead spot that is going to serve the needs of not just telecommunications but that it is also a safe location. MS. SAWASTYNOWICZ: Well, my concern is, I can live without a cell phone and I know I am really old fashioned but I worry about historical buildings being ravaged to put towers in their churches and things like that. Can't we just put them all in the landfill and save all of the aggravation of putting it in historical buildings and ugly places to look at? I mean, the landfill is a big space... SUPERVISOR RUSSELL: Every one of these is subject to a public hearing through the Zoning Board of Appeals. The proposal .... MS. SAWASTYNOWICZ: Okay. I am sorry, I haven't really followed this. SUPERVISOR RUSSELL: The proposal in Cutchogue that you talk of would be subject to a hearing through the Zoning Board of Appeals. I think the problem is locating them all at the landfill, it is not going to address the need because the coverage needs to be scattered throughout the town. And although I probably would agree with you, gladly if everybody agreed tomorrow to do away with cell phones, I would be happy and I would be saving an awful lot of money in the near future because my daughter already wants one. But the fact is, it is here, this is the future. We can't stop them, by federal law we are preempted from banning cell towers or July 13, 2010 Page 55 Southold Town Board Meeting Minutes eliminating them, all we can do is put enough hurdles in their way to make sure that they are adequately located in a safe and in an effective location. MS. SAWASTYNOWICZ: Okay. After heating that, maybe there could be a new code to prevent them from going in historical buildings and in school areas where children are and if we have a law to protect us from these ugly cell towers, it might help. Thank you. SUPERVISOR RUSSELL: Unfortunately we can't create legislation that would restrict them and if you do it on a health basis, we have no authority because again, the federal communication FCC, regulates the health standards and we are preempted from that federal law from acting based on health standards. All we can do is put enough requirements in the way and this legislation actually requires that we go out and get our own independent consultant that they have to pay for. They don't get to pick the consultant, we do to make sure that we are getting unbiased scientific information and not the sales pitch from the person that wants to locate the tower there. COUNCILMAN TALBOT: You notice, Nancy, one of the things with some of the historic buildings or the church steeples, they have been putting inside and you can't even see them from the outside. SUPERVISOR RUSSELL: That is the proposal that is in Cutchogue. Yes? ROBERTA LEE: Roberta Lee, good evening. Cutchogue. SUPERVISOR RUSSELL: Good evening. MS. LEE: I have a friend of mine whose parents have a home in Cutchogue and she lives in Port Washington and they went so far as to have the towers installed and she went so far as to have them taken down. If anyone would like any additional information about this, I would happy to get in touch with my friend and she is quite adamant about the detrimental side effects of having something like this and I just think that everybody is running out here, grabbing this and grabbing that, grabbing the other thing and it seems to make me feel living here that you almost have to watch out, you know, who is grabbing something from you. COUNCILMAN KRUPSKI: That is what it is every day here, at our meetings. The same thing. Constant pressure. COUNCILMAN TALBOT: What do you mean, they put it up and then they took it down because of the looks of it or potential dangers of it or what? MS. LEE: Because of the health effects, because of all of the research this woman did and she went literally door to door with a whole manifesto about the problems associated with having this type of an instrument in the community and she won. COUNCILMAN KRUPSKI: Well, could you give that information to the Planning director, July 13, 2010 Page 56 Southold Town Board Meeting Minutes Heather Lanza? Because she is the one who, Heather is the one who... MS. LEE: Heather? COUNCILMAN KRUPSKI: Yes. In the Planning department. MS. LEE: Okay. COUNCILMAN KRUPSKI: Because the Planning department is the department that reviews the applications, so that is who should have the information. MS. LEE: Alright. Very well, thank you. SUPERVISOR RUSSELL: Not to be an apologist for the cell tower carriers, there is two sides to that issue on the health effects and that would be the requirement for coverage, town wide, police departments, fire departments etc. requiring or using cell phones in a community that is pretty sparsely populated .... MS. LEE: Can you say that again? SUPERVISOR RUSSELL: In a community that is spread out over 53 square miles, fire departments, the police departments use cell phones and the lack of reception could also be considered a health risk. It certainly has been raised by fire departments because of the poor communication. There are two sides to the issue. Again, at the end of the day, federal government gets to dictate the standards, not the town. All we can do is hope for the best locations possible and minimize the risk as best we can. MS. LEE: Yes but I would hope that the people who are, I live across the street from the Cutchogue project. I would hope that people would not be just so eager to grab the money. SUPERVISOR RUSSELL: That is what this legislation was about, because that is what the old cell tower code was about. There was no requirement other than it be located in an industrial zone. There was no rhyme or reason to it, you didn't even need to prove that that location served the purposes of better cell communications. This legislation tries to address all of that by putting a scientific basis on the site selection decision making to give the ZBA and the Planning Board the authority to weigh in and say, you know what? That location, you might be looking at those leases that are attractive to you as a landowner but they don't meet the needs of cellular communication and they don't meet the needs of the health, safety and welfare of this community, so we don't have to allow that site. That is exactly what this legislation tries to do. MS. LEE: Well, that is good. COUNCILMAN KRUPSKI: And it helps to steer the applicant, the cell phone companies, in the right direction so they don't come in with one site that is inappropriate and just beat their heads into the ground over that site when they can have clear guidance through the town code of where July 13, 2010 Page 57 Southold Town Board Meeting Minutes they should locate their towers. MS. LEE: Like Southampton. Okay, thank you very much. COUNCILMAN ORLANDO: And to ease Nancy's concerns, we have met with carriers and the town employees and there are four main sites, locations, that they are really trying to get coverage in. None of them are by schools, one of them is by Laurel Links golf course, town beach, Orient and North Bayview. Those are the four bad, bad spots. None of them by schools. MS. LEE: Schools, schmools. How about the rest of us? cOUNCILMAN ORLANDO: Well, I was answering Nancy's concern with regard to sch6ol. MS. LEE: Okay. I understand. I wondered if anybody has gone to the King Kullen shopping center, has anybody seen that great big tower? COUNCILMAN ORLANDO: The Verizon one? Looks like a big drum, doesn't it? MS. LEE: A big drum, yes. And I was just, I just felt so terrific because I looked at it and it had an osprey nest on top of it and when the parents fly away to go get food, the babies arggh, arggh and throwing stuff out of the nest, so I just think, I felt that to be a very hopeful sign that these indigenous folk are .... COUNCILMAN ORLANDO: Well, I think it is apparent those towers are very, not inadequate but antique technology. They don't make those big drums like that anymore. It is antiquated technology. MS. LEE: Good. We want to keep it that way. COUNCILMAN ORLANDO: They are all flag poles now, you don't even see the towers. MS. LEE: Okay, thank you. COUNCILMAN ORLANDO: Thank you. SUPERVISOR RUSSELL: Would someone else like to address the Town Board on this particular issue? MANFRED LEE: Manfred Lee, Cutchogne. I would like to know if there is a way of reducing the speed through the town of Cutchogne? SUPERVISOR RUSSELL: What I will do is gladly take all of your general concerns about the community as soon as we just finish up this local law, we are going to go to the part of the meeting where you can address other concerns, other issues such as speeding etc. I just want to wrap up the local law, so I am going to ask people to keep their comments pertaining to the local July 13, 2010 Page 58 Southold Town Board Meeting Minutes law that we have up for right now. MR. LEE: Oh, okay. SUPERVISOR RUSSELL: And then I will discuss that other issue. MR. LEE: You know my house, my wife just mentioned it and cars come into Cutchogue at 50 and 60 miles an hour. Also going out. Recently I was cutting my lawn and east bound traffic had stopped to make left tums into Highland and they all come up on my lawn, passing by at 50 miles an hour and I almost got run over the other day because I had my lawnmower going, I couldn't hear the cars. They came inches, within inches and I got the guys license plate number hut you know, what can you do? Anyhow, the other you know, what I want to talk about is the Heritage again. COUNCILMAN TALBOT: Mr. Lee, can you wait for that for about five more minutes? Once we get done with the public hearing, we will have open discussion. SUPERVISOR RUSSELL: We will finish the public hearing on the cell towers and then we will go to the general comment period right after. Would anybody else like to comment on this local law? (No response) Hearing none. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the meeting. I am now going to invite Mr. Lee or anybody that would like to come up and address the Board on any issue. MANFRED LEE: Manfred Lee, Cutchogue. During the hot spell we had here, I recently went to the town beach in New Suffolk and got there around 1:30, 2:00 and there was absolutely no parking, so I asked the fella, the attendant who was in charge of the parking area, where can I park? He said just park up on the grass. There is no parking signs all along, no parking, no parking everywhere. So I had to park two blocks away which I didn't mind but as I previously stated, if we get this Heritage going, we are going to have like 300 more people coming in plus relatives, friends and whatnot, all to our local beaches. And we can't park now, what is going to happen in the future to our small beaches? So I am very concerned about that. Other issues of course, that I mentioned before, water, sewage, the reason Suffolk Water Authority had a warning out that we should stop using water, watering, limited issues, and if the Heritage gets going, they are also going to need water from probably Southold, I mean the Suffolk County Water Authority and what is going to happen if they use all the water and nobody else can? There is 300 people added to that main, it is not going to be able to handle it. I think. I don't July 13, 2010 Page 59 Southold Town Board Meeting Minutes know but everything is like up in arms, everybody is up in arms about all of this. I still have the sign in front of my house, stop the 139 condos. People come up from up island and say where are they putting these condos? That is just across the street from you. We had that happen in Nassau county and it became a mess. Everyone is talking about what a mess it becomes when they put these condos into one little area and our area is even smaller than anywhere. Any how, thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on any issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Nice we got some rain tonight, today. COUNCILMAN TALBOT: Replenish that aquifer. BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I think you remember me. I did shave my beard. What Fred was talking about, the stage one water alert, what is the Town of Southold doing about that? SUPERVISOR RUSSELL: Are you referring to the Department of Health alert or the Suffolk County Water alert? They are two very separate issues, one is the lack of water that the water authority is concerned about, the Department of Health is concerned about the elevation of the water table and septic systems and the infiltration of our water supply with septic systems? Which one do you reference? MR. SCHWARTZ: I wasn't aware of the Suffolk County Health Department. SUPERVISOR RUSSELL: Their concerns are that the elevated water table, people that rely on wells should have their water tested for bacteria contamination. That is a health alert that went out several days ago. MR. SCHWARTZ: I heard something about that. And the other? SUPERVISOR RUSSELL: Water authority I think has concerns simply about the availability of water, with the extra long dry spells people tend to overwater their lawns and they are utilizing good water supply to water lawns which doesn't seem like a fruitful use for good drinking water. I think that is their concern. MR. SCHWARTZ: And the Town of Southold, are they, is the Town of Southold .... SUPERVISOR RUSSELL: We don't have a water authority, no. MR. SCHWARTZ: Either of those alerts. Because the Suffolk County Water Authority, on their website, top of their website it says stage one water alert. And it goes on to say that it has been hot and we haven't had a lot of rain and all that stuff, you know. but then it continues and says, requests a voluntary reduction in water use and it says a reduction of usage now will help protect the drinking water system from an equipment failure that could result in a complete July 13, 2010 Page 60 Southold Town Board Meeting Minutes shutdown of your water supply. I believe somewheres in the range of 50% of Southold Town receives their water from Suffolk County, they are talking about half of the people in Southold Town not having water if the complete, it says an equipment failure resulting in a complete shutdown, I mean, would you care to... COUNCILMAN TALBOT: I think that is probably their pumps nmning .... COUNCILMAN KRUPSKI: Sure, thank you. That is a utility and that is their company line. MR. SCHWARTZ: I haven't heard anything from Suffolk Times about that yet but let's see, we do have some things in the Suffolk Times that are very interesting and there is something here on the agenda for discussion items this morning, New Suffolk waterfront next steps. Now I know you approved a letter of support for a grant application for the New Suffolk waterfront fund but in the Suffolk Times it was reported that Supervisor Russell added he didn't know if there enough community consensus in New Suffolk for the town to create a new zoning district. We need, he quoted, yourself Supervisor Russell, we need to have community consensus to develop something. So, you know, I have something to say a little bit further on about the shifting of the budget to create $2,000 line item for Town Board advertising, I mean, you guys could use some advertising and I have some ideas for that but you know, if we are going to be dependent on having community consensus to create zoning, then we need to keep the community informed as to what we are considering, what we are thinking about a doing, what we, you know, I mean, apparently we have a community that is very concerned about having enough basketball courts and I saw somebody dribbling a basketball down the Main Road today. So I am sure we do need some basketball courts because they shouldn't be on the Main Road .... COUNCILMAN ORLANDO: The New Suffolk waterfront section was tabled for two weeks, they asked for it to be tabled. They weren't prepared to come in today. SUPERVISOR RUSSELL: And there also has been plenty of meetings. I just want to, I will wait to see where your point is and then I will comment. MR. SCHWARTZ: Well, I just, okay, I am hoping that we are going to hear more about what is going on, not just things like the future of the New Suffolk waterfront which I appreciate, I agree with the motion that you did pass today but I would have liked to heard more, you know, maybe it will be in the advertisements. Maybe you are going to... SUPERVISOR RUSSELL: What is it that you want to hear more of?. MR. SCHWARTZ: What the, if the town has any plans for next steps, apparently the report in the Suffolk Times implied that the town had nixed any rezoning on the site. SUPERVISOR RUSSELL: No, we didn't, what we did was, clearly a lot of work needs to be done before the town can entertain the creation of new zoning categories such as marine heritage. A lot of work needs to be done. The group, New Suffolk waterfront group has done a lot of work on their own but that work needs to be married with the over-arching concerns of a July 13, 2010 Page 61 Southold Town Board Meeting Minutes comprehensive master plan that is on the way and most important, community consensus. Now I know that group has had several meetings in the New Suffolk community, the town should sponsor a few of our own. I had a few at the library in the past, that not being the focus, I would very much like to make that the focus in a hamlet meeting as we schedule them in the near future. But there is no formal action being taken by the town at this time so I don't know what .... MR. SCHWARTZ: I think I agree with what you just said. I appreciate it. but I think that in developing a consensus, it is a matter of communication. SUPERVISOR RUSSELL: Absolutely. MR. SCHWARTZ: From all side. So I am hoping that in the future we will, I don't know if you want to say something about what the Town Board advertising budget, you said you were going to have the final say about the advertisement. COUNCILMAN TALBOT: Benja, that... SUPERVISOR RUSSELL: Only if Albert's picture appears. COUNCILMAN TALBOT: It was at the work session this morning. Deputy Supervisor Philip Beltz was here and he was asking the Board to allocate some money or at least create a budget for him to do just like you are saying, reach out to the community a little bit more. There was a discussion to do it in the local paper, have a page where you could always turn to page five and there would be the Southold Town news for the upcoming week or weeks. There was also talk about the website, as you have referred to many times. Making some amendments to the website to make it more user friendly, to make it a flashing up-to-date newsreel that could go on. Those were the things that were discussed. That was what the budget modification was for. It was to appropriate $2,000 to start out with some of this community outreach. There is also, just so you know, the Southold Board is meeting with the Southold community on Thursday night at 7:00 here at the Southold library. COUNCILMAN KRUPSKI: This advertising would tie into the town's website because there is a lot of information there that we feel people aren't accessing and if people knew every week they could go to the Suffolk Times and find the same spot and say they wanted to find out about the New Suffolk waterfront, maritime community park project and then they could get more information from the website but at least they would know that that was a topic that was relevant at the moment. Okay, it would kind of all tie together of informing the public of what is going on. MR. SCHWARTZ: That all sounds great. There is one other thing that I would like to bring up this evening and then I would like to get back to the website for a minute. I just wanted to mention another item that was on the discussion agenda this morning, under the executive session heading. Under litigation. And I happened to go on line and get a copy of the 10 page decision in the case of the Heritage at Cutchogue against Southold Town and I am glad that the July 13, 2010 Page 62 Southold Town Board Meeting Minutes personal causes of action against you were all dismissed, I understand that not everybody wants to read this 10 page legal decision, not everybody is going to understand it. I don't know if all of you have read it yet .... COUNCILMAN KRUPSKI: We do understand it, though. COUNCILMAN ORLANDO: Martin briefed us on it. MR. SCHWARTZ: And I don't think that it needs to be published in the Suffolk Times or even on the town website so that everyone can read it but I do think that somehow we need to keep everybody up to date with what is going on in the town government. Even if it involves litigation. I don't think that just because something has connection with litigation means that it automatically goes to executive session and there is no public information. It is a 10 page report, it is available on line in the New York State Supreme court website. I don't know if the town can put a link there but it is just not the Town Board business. The case against you personally has been dismissed. The case against the town and against you as our town board is still being litigated. And if there is anything that you feel that you can share with the public, I am sure that there is other people that would like to be interested in that. Okay, well I do have one thing that is not too happy news today, a couple of months ago I was here and I mentioned that there was a link on the homepage of the Town Board website to the sprig cleanup. It was supposed to be spring cleanup but it was spelled sprig cleanup and in addition to being misspelled, when you clicked the link, it didn't go anywhere and it was up there for about a couple of months. Well, within two hours after the close of the Town Board meeting, somebody took that link off the town website. Well, they didn't have to rush, that is about how long it takes. A couple of months ago, I spoke with the individual who is in charge of the website and I explained to him how it is understandable and even commendable that websites have sometimes little secret functions in there, we call them easter eggs. But that sometimes websites can have booby traps and I pointed out to him a particular example of how our website has a booby trap. I can explain it to you if you want. He said he understood exactly what I said and he would take care of it. well, that was over two months ago, it still hasn't happened. So what has happened? The website has been improved with a slide show. I call it a side show. But it is not just a side show, it is at the top of the middle of the front page of the website, alright, they are nice pictures and we have a beautiful town and it is a whole lot better than it used to be. We still have the awful picture of the Town Hall with the telephone wires in front of it but at least we don't have the awful picture of Josh Horton that used to be up there. Supervisor Horton that the website engineer for the town, took his picture and made it wider than it really is, he looked like, his ears stick out anyway but when you take, stretch it out... SUPERVISOR RUSSELL: Now we are just getting rude. Let's be pertinent and to the point. MR. SCHWARTZ: I am just telling you, I am saying what is going on with the website and when you put a slide show up there, you really haven't done anything to address the underlying issues, nothing. So if you want to talk about, you know, advertising and paying money to direct attention to the website, I hope you are going to do something to improve, for example, the Southold Town 20/20 comprehensive plan process .... July 13, 2010 Page 63 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is a nice link, I thought. MR. SCHWARTZ: Well, it is a nice idea and someone is apparently trying to get public input and they have even developed a very attractive logo. But my suggestion which was agreed to and never implemented was to put a little, that logo on the homepage, so people could see it right there, click from there, take them right to the 20/20 page and then as you go to each page within the 20/20 page instead of the way it is now, when you click on that logo, it goes into your programming of your computer setup and pulls up your email program and tries to send an mail. There is nothing there that says it is going to send an email but when you click on that logo, that is a booby trap because it can lock up your whole computer. It serves no legitimate function or purpose and it should have been taken off months ago. It should only take about two minutes to do that. COUNCILMAN TALBOT: You know, there was discussion, like I said before, regarding the website and you know, the Supervisor is going to work with the IT department and get stuff amended and take some recommendations from .... MR. SCHWARTZ: Well, have you looked at the website? Have you seen that they don't know how to differentiate from upper case and lower case letters and the size of the letters are all uneven .... COUNCILMAN TALBOT: Yes, well you can .... MR. SCHWARTZ: The more work you do like that, the harder it is going to be for someone to unravel it. and the more difficult it is to use the website, both for people who visit and for yourselves that are responsible for adding content to it and updating it. it is very difficult when it is disorganized. COUNCILMAN TALBOT: Well, it is going to be fixed. MR. SCHWARTZ: I hope so. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on any issue? Supervisor Russell NANCY SAWASTYNOWICZ: Yes, Nancy Sawastynowicz of Cutchogue. I just want to make this very brief. On the Heritage, I have one of your father's signature on my petition against it, I have one of yonr father's telling me, just speak common sense. They don't listen to me but they listen to you. In the site plan of the Heritage, it says that the Town Board has to give permission for the water authority to give water. We don't have the water, it could be nipped in the bud. All we have to say is we don't want to give them the water and we wouldn't be paying all this money legally. It is so simple. It is common sense. SUPERVISOR RUSSELL: I don't know why we have this new enthusiasm for the Heritage but July 13, 2010 Page 64 Southold Town Board Meeting Minutes it has been several years .... MS. SAWASTYNOWICZ: Well, it was in executive session today and I don't know what took place. SUPERVISOR RUSSELL: And there has been no construction taking place. MS. SAWASTYNOWICZ: Okay, executive session. I don't know what goes on behind closed doors. That is how the zoning got passed, behind closed doors 25 years ago when they wouldn't let me speak, so I am very passionate about it. SUPERVISOR RUSSELL: I can understand that. MS. SAWASTYNOWICZ: Thank you. SUPERVISOR RUSSELL: But I assure you, it is not that you have to convince this Board, this Board took affirmative, assertive action some years ago .... MS. SAWASTYNOWICZ: I am not convincing the Board, I am just saying a common sense thingthat two of your parents told me. I am not going to say whose parents. I love your parents. Okay, that is all I am going to say about the Heritage. And I am sorry your father passed. SUPERVISOR RUSSELL: Thank you. MS. SAWASTYNOWICZ: But this is something that has nothing to do with anything but my heart. SUPERVISOR RUSSELL: I can appreciate that. MS. SAWASTYNOWICZ: No, no, no, this is another topic. Last Tuesday, Paul Leary called the police on my seven guinea hens that I rescued three years ago and hand raised them, they were my pets. They were really tame. Leary called the cops on them because he said they were in his yard and he said they dug up his flowers. I have the most beautiful perennial beds in Fleets Neck. They do not dig up your perennial beds. They eat bugs, they eat mosquitoes, they catch ticks. He killed three of my guinea hens. I went today with a Freedom of Information Act to get the police report and the cop told me, and I have a witness, she is not here tonight, he killed my guinea hens because they were intruding on his yard. So I would like this town to know how mean people can be in our neighborhoods, to kill, little, and I know you had guinea hens, you know what they are like, and I just don't believe these people live in our neighborhood. Everybody else loves them, they go oh, they are so cute. They take pictures. This man is so mean, he killed them and the cop told me today. So anyway, I would just like to say, we are losing a lot of compassion in our town. When we get people that will come in here and kill little innocent animals that have nothing to do with anything and they do not dig up flowers because my gardens are beautiful. So anyway, the four that survived, I am going to rescue and send them to a rescue place in Riverhead. Thank you. July 13, 2010 Page 65 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you, Nancy. COUNCILMAN TALBOT: You know, just to comment on those guinea hens. Benja was in here a few weeks ago talking about people walking around and not cleaning up after their dogs and stuff. I don't know if people might have an issue if you have guinea hens and they are walking around on their yard, maybe they don't want them on their yard. MS. SAWASTYNOWICZ: But they don't have to kill them. COUNCILMAN TALBOT: I don't disagree with you on that end of it but you have the ability to keep something out of your yard .... MR. SCHWARTZ: Councilman Talbot. COUNCILMAN TALBOT: Yes, sir. MR. SCHWARTZ: If your dog comes in my yard and I kill it, are you going to be happy? COUNCILMAN TALBOT: You want to take that chance and do it, you can go ahead and do it. COUNCILMAN KRUPSKI: I don't think we are going there .... SUPERVISOR RUSSELL: Oh, no wait a second, excuse me, that happened to me just a few years ago. My dog ended up in a neighbors' yard and the neighbor accidentally killed my dog and you know whose fault it was? Mine. For letting the dog free. MR. SCHWARTZ: Accidentally killed? SUPERVISOR RUSSELL: Yes. Backed up over my dog laying in the sun in their driveway. And that was my fault, Benja. Let's not have a discussion or debate tonight on guinea hens and the care and feeding of such. MR. SCHWARTZ: The mention of dogs, that was a distraction, excuse me. But the fact is, that we take very good care of our guinea hens. Guinea hens are not like dogs, guinea hens, they are more similar to cats. Cats, if your cat goes on the neighbors property, you call the police, they will tell you we have nothing to do with it, it is up to the cat. The guinea hens, nobody says that they cannot go in neighbors property and our neighbors happen to, with one exception, love the guinea hens. And the people in the area that come and visit, all love the guinea hens. We have this one individual who tore up some flowers and claimed that the guinea hens are tearing up his flowers. But he has been chasing the guinea hens since the middle of the winter, he was seen throwing snowballs at them, chasing them over to the neighbors property trying to chase them into the neighbors garage, you know. This individual, I am not going to say anything, to repeat anything that could be slanderous but I have heard some things from the Southold Town police July 13, 2010 Page 66 Southold Town Board Meeting Minutes among other sources about this individual that are not too complimentary. I think that the point is, guinea hens, if a neighborhood, you know, we don't have, we didn't have 100 guinea hens, we had seven tame, friendly guinea hens who would mn away from any confrontation. They were not aggressive in any way. And they were very well behaved, they were parts of my family and now they were murdered by my neighbor. So if you want to defend him and you want to defend that, then I am sorry for you. COUNCILMAN TALBOT: How did he kill them? MR. SCHWARTZ: Not only that, guinea hens love to eat grubs and ticks, two pests which .... COUNCILMAN TALBOT: Benja, I won't disagree with you, I guess maybe the benefits .... MR. SCHWARTZ: Inaudible. COUNCILMAN TALBOT: But also .... MR. SCHWARTZ: Inaudible. We don't know how he killed them. The police did not even tell us that they were dead, all they told us was, my wife offered to go over to his property where we believed that the guinea hens had made a nest and she wanted to go over and take the eggs so that the guineas would stop nesting there. He probably went to their nest and wrung their necks with his hands. It doesn't matter how he killed them, what matters is that our right to have guinea hens really is being, you know, we can't .... COUNCILMAN TALBOT: The only point I am making is that if somebody has, you love guinea hens, a lot of people do. My only point is not everybody does, so if you would keep them on your own yard or the people in the neighborhood (inaudible) .... MR. SCHWARTZ: Inaudible. COUNCILMAN TALBOT: Nothing more, I am not defending anybody, I am not going to argue with you about this. That is my only point about this. MR. SCHWARTZ: You don't understand how guinea hens work. Guinea hens are not like a dog or a cat that you, a dog that you can keep on a leash. Guinea hens are birds that work .... SUPERVISOR RUSSELL: We just took a vote, it was a 5-0 vote of the rest of the board to throw a shoe at the new guy if he keeps belaboring this discussion. Sorry, Chris. COUNCILMAN TALBOT: I am done. SUPERVISOR RUSSELL: Would anybody else like to address the Board? Linton Duell, Orient LINTON DUELL: Hi, there. Linton Duell from Orient. July 13, 2010 Page 67 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Linton, how are you? MR. DUELL: I missed the work session this morning and I understand that there was discussion about the boat that you have an ad in the paper for right now. and I understand that several of our commissioners, I am one of them, requested that we be given an opportunity to purchase the boat. And then I was told to come to the meeting tonight, so I did. Subsequently I found out that this information is going to be tabled. Is there any opportunity for us to argue that the greater good of that boat, second hand boat it would be now, for Orient to have the boat. I understand we are willing to pay for it and I am not quite sure I understand what the process is or what the problem is. SUPERVISOR RUSSELL: Let me explain, first of all just for clarity. The town has an extra bay constable boat, it is a 1989 24 foot frontier Boston whaler with two upgraded 150 horsepower Honda engines. I believe they date to around the year 200, 2001. it is now a surplus boat because we received a new boat under a grant that was secured by the police chief. We decided a few weeks ago to put that out to bid, I have talked to some of your commissioners, Scott Harris etc. I know Orient is interested in buying the boat, there is one small problem and that is we have to make sure, and we would very much like to see Orient fire department get the boat. Unfortunately we can't choose the noble cause for the end use on the boat. We are required to get a fair market value for the boat. I has actually taken it upon myself to call a commissioner the other day to discuss what he thought was a range of value and then I called a Boston whaler dealer to have the boat appraised. We have to charge the appraised value. I know there some mails going around among you and your commissioners discussing the fact that you had offered to pay a nominal amount, I realize the greater good is there. My problem is, I don't own the boat and the Town Board doesn't own the boat. The taxpayers of the entire town own the boat and they are not only entitled to fair market value for the boat, the law requires that they get fair market value. MR. DUELL: What was the appraisal that you finally came up with? SUPERVISOR RUSSELL: That was a discussion that I will wait to have with you and we will discuss that later but it is a little bit north of what your commissioners said was budgeted but I would love to discuss the issue with you. I think we would very much like to see the Orient fire department get the boat, it just has to make sure, we have to make sure the process is fair and legally dependable. JUSTICE EVANS: Inaudible. SUPERVISOR RUSSELL: Well, we had other municipalities that were interested, we have no wish to see someone get it instead of you but we have to go through, municipal law requires that we get fair market value for the boat. MR. DUELL: Fine. But I also understood that there were other municipalities interested, such as Fishers Island. July 13, 2010 Page 68 Southold Town Board Meeting Minutes JUSTICE EVANS: Fishers Island (inaudible). SUPERVISOR RUSSELL: Yes, I MR. DUELL: Fishers Island doesn't consider it anymore because you would have to pay money for it? JUSTICE EVANS: No, I wasn't referring to Fishers Island. Fishers Island suggested from the beginning that the town keep the boat and bring it over to Fishers Island. They did not want to pay for it .... SUPERVISOR RUSSELL: The generosity of people....we had a lot of people that generously stepped up and offered to take the boat off our hands, including the Trustees, the Fishers Island harbor committee and the Village of Greenport, etc. But we need to, and I discussed this with one of your commissioners the other day, we need to get a fair market value on it, so I again called someone that would give me that value and told him I would get back to him and discuss the issue with him. I called him just a little while ago, I saw he was sitting here, he has since left. We need to make sure this process is conducted in a legal way. I think it would be very nice to see Orient get the boat, you could sure use it but again, we just can't, based on the nobility of your use, to sell it to you for anything less than market value. That is what the law requires. MR. DUELL: Okay, so actually then it has nothing to do with what the use will be. SUPERVISOR RUSSELL: No, no. Not once it is sold by use. We don't get to dictate the end uses or use that as a basis to fluctuate market value. MR. DUELL: It is an inter-agency, basically an inter-agency sale. SUPERVISOR RUSSELL: It doesn't matter. We could sell it to a private individual. We have every right to sell a boat directly to anybody at any time provided we get market value. That is the same municipal law that gives us the authority to sell it to you, also requires that we get market value for the boat. MR. DUELL: And this is what your legal counsel indicated to you? SUPERVISOR RUSSELL: Yes. Yes. JUSTICE EVANS: It is a responsibility to all the taxpayers, too. SUPERVISOR RUSSELL: Again, we don't own the boat, the taxpayers of Southold do. the people of Mattituck and the people of Orient all own that boat and they are entitled to just compensation for it. Again, I would like to talk to your commissioner and see if we can work those issues out but the Town Board in the meantime opted to bid that boat out. Nothing is a better indication of market value than what the bids come in at but I would gladly talk to your commissioners about this specifically. July 13, 2010 Page 69 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: I think we would all rather it be a rescue boat than a pleasure boat. JUSTICE EVANS: Yes. COUNCILMAN TALBOT: And you know when, the bids are going to be returned next Wednesday, the 22na. You are looking at a week. MR. DUELL: I mean, I can understand the position that you are in but we are also in the position that we would like to see this boat available and for use, if we were to get it, as soon as possible. I mean, you all know this is the time of the year that we would get the most use or potential use. So I would hope that we could expedite it. I came up here prepared to buy the boat. And you know, I thought maybe you would have an idea of what the value was and so forth. We had already come to an agreement, we had a check ready to go. I am the one who signs the check and you know, we wanted to do this and get this deal done. Every day you keep, not you but every day that the process goes on, it is just another day and you know, eventually we will probably have it by Labor day if we are the ones who get it or something like that. I would like to see this whole thing expedited so we could either yes or no this deal before the end of the week. SUPERVISOR RUSSELL: I told Commissioner Harris and Commissioner Scott that I was trying to expedite and get the numbers collected as quickly as possible to try to solve this, for everybody's sake. COUNCILMAN TALBOT: Make sure you guys get your bid in then. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? response) Can I get a motion to adjourn? (No Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:39 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Southold Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell