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HomeMy WebLinkAboutTB-01/28/2014 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road ~gpFFO(,~C TOWN CLERK Sao ors PO Box 1179 ? Southold, NY 11971 REGISTRAR OF VITAL STATISTICS R Fax (631) 765-6145 MARRIAGE OFFICER y~o~ ~aav Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING January 28, 2014 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 28, 2014 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on January 28, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Ji11 Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present 1. Reports 1. Planning Board 2. Recreation Department 3. Land Tracking 4. Employee Health Care Plan - Island Group 5. Fishers Island Sewer District II. Public Notices 1. NYS Liquor License Renewal 2. NYS Liquor License Application 3. American Red Cross Blood Drive Page 1 January 28, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - Jim Grathwohl, Chairman, Historical Preservation Commission 2. 9:30 Am - John Cushman 3. 10:00 Am - Art Leudesdorf, Park and Recreation Committee 4. 10:30 Am - CANCELLED - Roger Bason of Ecco Solutions 5. Kevin Webster 6. Home Rule Request 7. LL/Old Main Road, Mattituck, Water Map Amendment (PH Tonight) 8. Home Rule Request Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:25 AM for the purpose of discussing the following matters: (1) Property Acquisition: Publicity of which would substantially affect the purchase price (2) Labor: Matters involving employment of particular person(s) Update on CSEA negotiations (3) Litigation: Katherine A. Haas v. Town of Southold, et al. Rose's Vineyard, LLC and Joseph Paul Winery, Inc., d/b/a Vineyard 48 v. Town of Southold Planning Board Town of Southold, et al v. Metropolitan Transportation Authority, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 9. EXECUTIVE SESSION -11:30 Am - Melissa Spiro 10. EXECUTIVE SESSION - Labor 11. EXECUTIVE SESSION - Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:15 PM. January 28, 2014 Page 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 12. 10:30 Am - Jim Bunchuck Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:15 PM, until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I just want to ask anybody that would like to comment on any of the agenda items to please feel free to comment now. Some of you might be here for the resumption of the cell tower hearing and then we have another local law which is an amendment to the water map. We will have a time at the end of the regular business to hear your comments on that. We usually carve that out as a separate process. Anybody want to comment on the agenda? General items? (No response) V. Resolutions 2014-124 CATEGORY.• Audit DEPARTIIENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 28, 2014. January 28, 2014 Page 4 Southold Town Board Meeting ? Vote Record - Resolution RES-2014-124 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter ? ? 0 ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-125 CATEGORY.• Set Meeting DEPARTMENT.• Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 11, 2014 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2014-125 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder Rl ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receivers Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? 11 ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-126 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engagement Letter with George Rehn, CPA January 28, 2014 Page 5 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter with George R. Rehn, CPA regarding performing an audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2013, at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-126 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter ? ? ? ? Supervisor's App[ James Dinizio Jr Mover 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Mover 0 ? ? ? ? No Action ? Lost 2014-127 CATEGORY.• Budget Modification DEPARTMENT.• Accounting Establish Capital Budget for 2 Ford Escapes Financial Impact: Provide approprration for two Ford Escapes included in the 2014 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget that includes a $52,500 appropriation for two Central Garage Ford Escapes, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Fund: Capital Project Name: Automobiles Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $52,500 Total $52,500 Appropriations: January 28, 2014 Page 6 Southold Town Board Meeting H.1640.2.300.200 Central Garage Capital Outlay Automobiles $52,500 Total $52,500 V Vote Record - Resolution RES-2014-127 0 Adopted ? Adopted as Amended ? Defeated ? Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Seconder 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-128 CATEGORY: Budget Modification DEPARTMENT.• Accounting Budget Modification for Kronos Professional Services Financial Impact: Appropriate finds for professional services needed for pay period schedule change RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,720 To: A.1680.4.400.358 Time Management System $1,720 ? Vote Record - Resolution RES-2014-128 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated Robert Ghasia ' Voter 0 ? ? ? ? Tabled James Dinizio Jr Voter p ? ? ? ? Withdrawn ? Supervisors App[ William P. Roland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys Appi ? No Action January 28, 2014 Page 7 Southold Town Board Meeting ? Lost 2014-129 CATEGORY.- Attend Seminar DEPARTMENT.- Town Attorney ATA Andaloro/View Seminar "Notary Law" RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney, Jennifer Andaloro, to view the seminar entitled "Notary Law" offered by the Suffolk Academy of Law, which will be available via webcast after January 28, 2014. All expenses for registration and materials will be a charge to the 2014 Town Attorney budget. ? Vote Record - Resolution RES-2014-129 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-130 CATEGORY. Attend Seminar DEPARTMENT.- Zoning Board of Appeals Vicki Toth to NYS DOS Code Conference at Stony Brook RESOLVED the Town Board of the Town of Southold hereby grants permission to Vicki Toth to attend the NYS DOS Code Conference in Stony Brook, New York, on March 18, 19 and 20, 2014. All expenses for registration, travel and meals, to be a legal charge to the 2014 Zoning Board of Appeals budget (meetings and seminars). ? Vote Record - Resolution RES-2014-130 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio Mover 0 ? ? ? ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William P. Roland Voter 0 ? ? ? January 28, 2014 Page 8 Southold Town Board Meeting ? Withdrawn Jill Doherty Voter El ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder D ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter El ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-131 CATEGORY: Grants DEPARTMENT.• Human Resource Center Authorize Town Director of Human Services to Submit Grant For Financial Impact: NYSERDA is providing a grant opportunityfor a workplace initiative for the purchase, software and installation of a Level 2 networked Charge Point charging station by Leviton at an 85% cost reduction. RESOLVED that the Town Board of the Town of Southold hereby authorizes Town Director of Human Services, Karen McLaughlin to submit a grant application to Leviton Manufacturing Company and NYSERDA (NYS Energy Research and Development Authority) for the purchase, software and installation of Electric Vehicle Charging Station Equipment at the Human Resource Center and hereby further authorizes Supervisor Scott A. Russell to execute any and all documents in connection therewith. ? Vote Record - Resolution RES-2014-131 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter B ? ? ? ? Supervisor's Appi James Dinizio Jr Mover 2 ? ? ? ? Tax Receiver's Appt William P. Ruland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter El ? ? 0 ? Town Clerk's Appt Louisa P. Evans Voter [ ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? p ? No Action ? Lost Comments regarding resolution 131 COUNCILMAN RULAND: Can I speak to that, Scott? January 28, 2014 Page 9 Southold Town Board Meeting SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: As you know, the Town of Southold does have one electric car that we are utilizing at the Human Resource Center and previously we had authorized their funding for a charging station. Subsequent to that, the director of Human Services had come across this grant opportunity that would provide basically 80% of the cost of this station through a grant and only 20% of the cost to be provided by the Town and it has a unique part to it that not only can we or that part of the grant is that we can have this to charge our own vehicles and based on the initial observation of the one that we have, we certainly would like to have more delivering meals locally because they are a fraction of the cost per month to operate but the other side of it is, it is encouraging our employees that only commute to work, when they consider purchasing a vehicle that they purchase an electric car and they can charge it at the town station as part of this grant. So it is a pretty unique opportunity and Karen is excited that there is a reason to believe that we will get one of those in the grant. For your information. SUPERVISOR RUSSELL: Thank you. 2014-132 CATEGORY.• Employment - Town DEPARTMENT. Accounting Attend East End Workers Compensation Symposium RESOLVED that the Town Board of the Town of Southold hereby grants permission to Christine Foster, Secretarial Assistant, to attend the East End Workers Compensation Symposium in Southampton, NY on January 31, 2014. This is a free seminar, travel by town vehicle. ? Vote Record - Resolution RES-2014-132 a Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? withdrawn Robert Ghosio Voter 0 ? ? ? Supervisor's App[ James Dinizio Jr Voter la ? ? ! ? ? Tax Receiver's Appt William P. Ruland Seconder ? ? 11 ? ? Rescinded Jill Doherty Mover El ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-133 CATEGORY. Budget Modification DEPARTMENT: Engineering January 28, 2014 Page 10 Southold Town Board Meeting Purchase Adobe Acrobat XI Pro Software Financial Impact: Purchase Adobe Acrobat XI Pro to facilitate the creation and modification of application materials for submission to the Engineering Department for compliance with Chapter 236: Stormwater Management. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 budget as follows: General Fund Whole Town From: A.1440.4.200.100 Cellular Telephone $360 To: A.1680.2.400.520 Personal Computer Software $360 ? Vote Record - Resolution RES-2014-133 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay ! Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter El ? ? ? ? Tax Receiver's Appt William P. Ruland Mover 0 ? ? ? ? Rescinded Jill Doherty Voter El ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-134 CATEGORY.- Property Usage DEPARTMENT.- Recreation Approve Southold High School Use of Tennis Courts RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for boys varsity & iunior varsity matches for a total of 11 days beginning March 24 and ending on May 2, dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-134 0 Adopted - - - ? Adopted as Amended Yes/Aye No/Nay Abstain Absent January 28, 2014 Page 11 Southold Town Board Meeting ? Defeated Robert Ghosio Seconder 0 ? ? ? ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-135 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Preventative Maintenance Agreement W/Weston & Sampson - FI Pump Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2014, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2014-135 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter Rl ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-136 CATEGORY. Bid Acceptance DEPARTMENT. Solid Waste Management District Accept Bid for D.SW Equipment January 28, 2014 Page 12 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for the following used DSW equipment: Intergrity Auto Sales Kenworth Tractor $39,777.00 Double Run Lumber Landfill Compactor 6,750.00 Steel Trailer 4,520.00 Bromley Sawmill Tool Carrier 5,500.00 Vote Record - Resolution RES-2014-136 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain ! Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Mover 0 ? ? ? ? Tax Receiver's Appt William P. Ruland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter El ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-137 CATEGORY.- Bid Acceptance DEPARTMENT.- Solid Waste Management District Reject Walking Trailer Bids RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids for the 2004 STECO ST-AW04500 Walking Floor Trailer, Asset # 3201, and hereby authorizes and directs the Town Clerk to re-advertise with a minimum bid of $20,000.00. Vote Record - Resolution RES-2014-137 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio Voter 0 ? ? ? ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action ? Lost January 28, 2014 Page 13 Southold Town Board Meeting 2014-138 CATEGORY.• Attend Seminar DEPARTMENT.• Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Code Enforcement Officer Peter Doherty to attend New York State Code training in Stony Brook, New York, on February 4, 5 & 6, March 11, 12 & 13, April 8, 9, 10, 29 & 30, Mayl, June 17, 18 & 19 and July 22, 23 &24, 2014 : 8:00am to 4:00pm. All expenses for registration & travel to be a legal charge to the 2014 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2014-138 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Wilhdmwn Robert Ghosio Voter lz ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Ruland Mover El ? ? ? ? Rescinded Jill Doherty Voter El ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-139 CATEGORY: Budget Modification DEPARTMENT.' Police Dept Police Department - Donation Financial Impact: Donation made by STS Anargyroi Taxiarhis Ladies Philptohos of Greenport to the STPD RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 General Fund Whole Town budget as follows: Revenues: A.2705.40 Gifts & Donations $50 TOTAL $50 January 28, 2014 Page 14 Southold Town Board Meeting Appropriations: A.3120.2.200.200 Office Equipment/Chairs 50 TOTAL $50 V Vote Record - Resolution RES-2014-139 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover : 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-140 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement WIElectronix Systems Central Station Alarms, Inc. - Monitoring Transfer Station Sec. Sys. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Standard Agreement for Security System, Equipment and/or Service between Electronix Systems Central Station Alarms, Inc. and the Town of Southold for monitoring the security system at the Town's Transfer Station, at a cost of $45.00 per month, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2014-140 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter ' 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost January 28, 2014 Page 15 Southold Town Board Meeting 2014-141 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOU W/Business Automation Services - Online Dog Licensing System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Memorandum of Understanding between Business Automation Services Inc. and the Town of Southold regarding purchasing the BAS Online Dog Licensing System, at a cost not to exceed $1,790.00, which includes the annual software support, hosting and maintenance fee for the first year, thereafter an annual renewal fee of $600 per year, subject to the approval of the Town Attorney. ? Vote Record -Resolution RES-2014-141 0 Adopted ? Adopted as Amended ? Defeated ? Tabled Yes/Aye No/Nay Abstain Absent Robert Ghosio Voter El ? ? ? ? Withdrawn ? Supervisor's Appt James Dinizio Jr Mover 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-142 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk CAC Student Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Hunter Hedges and Leah Santacroce to the Conservation Advisory Council as student interns. ? Vote Record - Resolution RES-2014-142 0 Adopted ? Adopted as Amended ' Yes/Aye No/Nay Abstain Absent Robert Ghosio Voter 0 El ? 11 ? Defeated ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appi Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? January 28, 2014 Page 16 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost Comment regarding resolution 142 COUNCILWOMAN DOHERTY: I move to table this resolution, this is for appointments for the student appointments for the CAC and the Board would like to have the opportunity to interview them. 2014-143 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Business Automation Services/Online Web Portal for Clerk's Licensing System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter Proposal dated January 9, 2014 between Business Automation Services Inc. and the Town of Southold regarding purchasing the BAS Online Web Portal for the Clerk's Licensing System, at a cost not to exceed $10,760.00, which includes the annual software support, hosting and maintenance fee for the first year, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2014-143 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisors Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Mover 0 ? ? ? ? Rescinded Jill Doherty Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-144 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Business Automation Services/Online Recreation Program Registration System January 28, 2014 Page 17 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter Proposal dated January 24, 2014 between Business Automation Services Inc. and the Town of Southold regarding development and design of an Online Recreation Program Registration System that would allow residents to register and pay for the various programs offered by the Town online, at a cost not to exceed $9,800.00, which includes the annual hosting and software support/maintenance fee for the first year, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-144 0 Adopted ? Adopted as Amended ? Defeated - Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Ruland Voter El ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-145 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney PSAP Agency Agreement W/Suffolk County - Enhanced 911 Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the Town of Southold and the County of Suffolk in connection with the Enhanced 911 Program, for the period January 1, 2014 through December 31, 2018, at a cost not to exceed $70,000 annually, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-145 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated Robert Ghosio Mover 0 ? ? ? ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Roland Voter 0 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? Louisa P. Evans Seconder 0 ? El ? ? Rescinded ? Town Clerk's Appt Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action January 28, 2014 Page 18 Southold Town Board Meeting ? Lost 2014-146 CATEGORY' Employment - Town DEPARTMENT.• Accounting Accept the Resignation of Kimbell Miller RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Kimbell Miller from the position of a Data Entry Operator for the Building Department effective January 27, 2014. V Vote Record - Resolution RES-2014-146 e Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter El ? ? ? ? Supervisor's Appt James Dinizio Jr Mover 0 ? ? : ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter RI ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell ! Voter 0 ? ? ? ? No Action ? Lost 2014-147 CATEGORY: Legislation DEPARTMENT. Town Attorney LL/Old Main Road Water Map Amendment to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. V Vote Record - Resolution RES-2014-147 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio ! Voter 0 ? ? ? ? Defeated James Dinizio Jr Voter 0 ? ? ? ? "fabled William P. Ruland Seconder 0 ? ? ? January 28, 2014 Page 19 Southold Town Board Meeting ? Withdrawn Jill Doherty Mover ® O ? ? ? Supervisor's Appt Louisa P. Evans Voter m ? ? ? ? Tax Receiver's Appt Scott A. Russell Mover ® ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-148 CATEGORY.• Legal DEPARTMENT.• Land Preservation Set P.H. Whitcom Marsh Preserve Land Donation RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, February 11, 2014, at 7:32 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land totaling 16.343± acres from The Nature Conservancy, the owner of record, for open space preservation purposes in accordance with Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel, identified as SCTM #1000-14.-2-1.4 and known as the Whitcom Marsh Preserve, is located at 650 Mulford Court, running along the westerly side of Mulford Court in Orient, New York, in the R-80 zoning district. The parcel was created in a subdivision known as Whitcom Investment Company approved by the Planning Board in 1980. The parcel, known as the fifth lot of the subdivision, was considered unbuildable fresh water marsh and the Planning Board's approval required restrictive covenants pertaining to this parcel that resulted in the property being transferred to The Nature Conservancy. The parcel is shown in the Town's Community Preservation Project Plan as property that is currently preserved due to the restrictions required as part of the subdivision approval. The restrictions require that the property shall forever be held as a nature preserve for educational and charitable purposes, and shall be kept entirely in its natural state, excepting only the maintenance of such fences and foot trails as may be appropriate to effectuate the foregoing purposes without impairing the essential natural character of the premises. This property has been offered to the Town of Southold as a donation from The Nature Conservancy. The Town will be responsible for any acquisition costs associated with the transfer of fee title. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person January 28, 2014 Page 20 Southold Town Board Meeting during business hours. ? Vote Record - Resolution RES-2014-148 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Ruland Mover 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-149 CATEGORY: Budget Modification DEPARTMENT.• Fishers Island Ferry District 2013 Budget Modification FIFD Financial Impact: to cover over expended lines RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated January 20, 2014, which amended the 2013 Fishers Island Ferry District budget. ? Vote Record - Resolution RES-2014-149 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder Rl ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-150 CATFGORY.' Grants January 28, 2014 Page 21 Southold Town Board Meeting DEPARTMENT. Town Clerk NYS Archives LGRMIF 2014-2015 Grant Application RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute A New York State Archives Local Government Records Management Improvement Fund (LGRMIF) Grant Application in the 2014-2015 grant cycle in the category of Document Conversion and Access, in an amount not to exceed $150,000.00 in connection with a Shared Services grant application between the Town of Southold (lead agency) and the Village of Green port (participant). ? Vote Record - Resolution RES-2014-150 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover 0 ? ? ? ? Supervisor's Apt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Ruland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Apia Scott A. Russell Voter 0 ? - ? ? ? No Action ? Lost 2014-151 CATEGORY: Home Rule Request DEPARTMENT. Town Clerk Request the Enactment olrSenate Bill 5.1782 and Assembly Bill A.1329 Entitled "ANACT to Amend the Public Authorities Law, in Relation to the Creation of the Peconic Bay Regional Transportation Authority" WHEREAS, a bill has been introduced in the State Legislature as Senate Bill 5.1782 and Assembly Bill A.1329 and WHEREAS, the bill would create the Peconic Bay Regional Transportation Authority; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.1782 and Assembly Bill A.1392 entitled "AN ACT to amend the public authorities law, in relation to the creation of the Peconic Bay regional transportation authori " ? Vote Record - Resolution RES-2014-151 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio Voter 0 ? ? ? ? Defeated James Dinizio Jr Mover 2 ? ? ? January 28, 2014 Page 22 Southold Town Board Meeting ? Tabled William P. Roland Voter 0 ? ? ? ? Withdrawn Jill Doherty Seconder 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 0 : ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-152 CATEGORY.• Home Rule Request DEPARTMENT. Town Clerk Request the Enactment of Senate Bill S. 1859 and Assembly Bill A. 1461 Entitled "AN ACT to Amend the General Municipal Law, in Relation to Creating the Peconic Bay Regional Transportation Council" WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.1859 and Assembly Bill A.1461 and WHEREAS, the bill would create the Peconic Bay Regional Transportation Council; this council would coordinate a proposal for the development of an improved public transit system for the region; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.1859 and Assembly Bill A.1461 entitled "AN ACT to amend the general municipal law, in relation to creating the Peconic Bay regional transportation council; and providing for the repeal of such provisions upon expiration thereof". ? Vote Record - Resolution RES-2014-152 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Apia William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Mover e ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Apin Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost January 28, 2014 Page 23 Southold Town Board Meeting 2014-153 CATEGORY.- Local Law Public Hearing DEPARTMENT.- Town Attorney PH 2125114 @ 4:32 PMLLIVeterans Exemption from School District Taxes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28`h day of January, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chanter 245, Taxation, in Connection with Authorizing Exemptions from School District Taxes for Veterans" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25`h day of February, 2014 at 4:32 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 245, Taxation, in Connection with Authorizing Exemptions from School District Taxes for Veterans" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, in Connection with Authorizing Exemptions from School District Taxes for Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The New York State Legislature has amended the New York State Real Property Tax Law to authorize School Districts to permit a tax exemption for Veterans upon approval of the School District. It is the intent of this local law to incorporate this Amendment into the Southold Town Code so that it is consistent with the New York State Real Property Tax Law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: 4245-16. Exemption granted to Veterans and Gold Star parents. F. The exemption allowable under this Article may be extended to taxation of School Districts if the governing body of the School District in which the property is located adopts a resolution providing such exemption as provided in Section 458-9(2)(d)(i). Any such resolution shall be provided to the Town of Southold Assessor's Office on or before March 1 for the assessment roll issued within that year. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. January 28, 2014 Page 24 Southold Town Board Meeting IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2014. This Local Law shall take effect immediately upon filing with the Secretary of State as provided b law. ? Vote Record - Resolution RES-2014-153 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 [1 ? ? ? Tax Receiver's Appt William P. Ruland Mover 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell - Voter 0 ? ? ? ? No Action ? Lost 2014-154 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.• Town Attorney McLean Associates Change Order 411Dike Project RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the NRCS Dike Rehabilitation Project with L.K. McLean Associates, P.C. as it relates to Latham Farm in the net amount of $49,997.50, subject to the approval of the Town Engineer and Town Attorney. ? Vote Record - Resolution RES-2014-154 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - - - Robert Ghosio Seconder 0 ? ? ? ? Withdrawn - ? Supervisors App[ James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter Rl ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover Rl ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost January 28, 2014 Page 25 Southold Town Board Meeting 2014-155 CATEGORY: Litigation DEPARTMENT.• Town Attorney Retain Frank Isler as Special Counsel in Vineyard 48 V. Planning Board Action RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled "Rose's Vineyard, LLC and Joseph Paul Winery, Inc. d/b/a Vineyard 48 v. Southold Town Planning Board" under Index No. 14-00957. I Vote Record - Resolution RES-2014-155 -9 -Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover ® ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ! ? ? Tax Receiver's Appt William P. Roland Voter lZ ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder (a ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter El 0 ? ? ? No Action ? Lost 2014-156 CATEGORY: Budget Modification DEPARTMENT.• Accounting Create Budget for Bay Ave Bridge Project Initial Design Financial Impact: Create a capital budget for initial engineering and design for Bay Ave brudge project (East Marion) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: DB.5110.4.100.900 Resurfacing Projects $50,000 To: DB.9901.9.000.100 Transfer to Capital Fund $50,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Budget: January 28, 2014 Page 26 Southold Town Board Meeting Capital Project Name: Bay Ave Bridge Project Financing Method: Highway Fund Part Town Budget: Revenues: H.5031.80 Interfund Transfers $50,000 Appropriations: H.5120.2.400.100 Bay Ave Bridge Project $50,000 V Vote Record - Resolution RES-2014-156 0 Adopted ? Adopted as Amended ? Defeated ? Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisors Appt James Dinizio Jr Mover 0 ? ? ? ? Tax Receiver's Appt William P. Roland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Comments regarding resolution 156 SUPERVISOR RUSSELL: It would be a good time to tell you, Vinny, I forgot to tell you that I just borrowed $50,000 from the asphalt line. We were hoping you didn't notice it, being the new guy and all. 2014-157 CATEGORY.' Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amendment to Procurement Policy to Allow for Best Value Purchasing WHEREAS, Section 103 of the General Municipal Law as recently amended allows a municipality to purchase devices, materials, equipment and supplies and to contract for services related to the installation, maintenance or repair of such items through "piggybacking" on a contract awarded by other governmental entities following a competitive bidding process to the lowest responsible bidder or on the basis of best value, and WHEREAS, the Town Board of the Town of Southold would like to provide for greater flexibility in the purchasing process by permitting the award of Town contracts on the basis of best value upon consideration of quality, cost and efficiency; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the awarding of contracts based on best value in accordance with Section 103 of the General Municipal Law and directs the Town Comptroller to amend the Procurement Policy accordingly. January 28, 2014 Page 27 Southold Town Board Meeting V Vote Record - Resolution RES-2014-157 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 El ? 11 ? Tax Receiver's Appt William P. Roland Seconder 0 ? ? ? ? Rescinded Jill Doherty Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Apin Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-158 CATEGORY: Consulting DEPARTMENT.• Engineering Design & Permitting - Bay Avenue Bridge Project Financial Impact: Design and permitting of a replacement structure for the bridge over Lake Marion located on Bay Avenue in East Marion. RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with Dunn Engineering Associates, P.C., for design and permitting of a replacement structure to the Bay Avenue bridge located in East Marion, at a cost not to exceed $50,000, all in accordance with the Town Attorney. V Vote Record - Resolution RES-2014-158 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - Robert Ghosio Voter 0 ? ? ? ? Withdrawn - James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt William P. Roland Seconder Rl ? ? ? ? Rescinded Jill Doherty Voter El ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Sept Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-159 January 28, 2014 Page 28 Southold Town Board Meeting CATEGORY.. Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 280, Wireless Communication Facilities WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with 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, 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 Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §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: subjee 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 and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. 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. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the January 28, 2014 Page 29 Southold Town Board Meeting Planning Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided b law. V Vote Record - Resolution RES-2014-159 ? Adopted ? Adopted as Amended ? Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn Robert Ghosio Voter El ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Mover 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Next: 2/11/14 7:30 PM Comments regarding resolution 159 SUPERVISOR RUSSELL: What the Board had decided today was we would like two weeks to consider everything you have raised to us and also the public comment from two weeks ago and from tonight before we come to, we don't want to rush to judgment. We want to carefully consider everything you have raised. MR. GRATHWOHL: All I can say is thank you very much, we appreciate your time and your attention (inaudible). SUPERVISOR RUSSELL: Thank you. 2014-160 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Adopt LL/ Amend Water Supply Map WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk January 28, 2014 Page 30 Southold Town Board Meeting County, New York, on the 14"' day of January, 2014, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck" 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, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck" reads as follows: LOCAL LAW NO. 1 of 2014 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck, SCTM #1000-126-2-2. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The property owner, Ali Yuzbasioglu, has represented to the Town that the groundwater quality at this property is inadequate and poses a significant concern that requires the extension of public water to the property. The extension of the transmission main is intended to supply the Yuzbasioglu property and is not intended to result in additional pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Yuzbasioglu property, and upon our consideration of the recommendations of the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2010-478, is hereby amended to reflect the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 4. 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. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. January 28, 2014 Page 31 Southold Town Board Meeting V Vote Record - Resolution RES-2014-160 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 11 ? 11 ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty 'Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Councilman Roland Councilman Roland: I have an addendum, an add on resolution first. Would the members we be willing to entertain an add on resolution that has to do with awarding of a fuel oil bid? 2014-161 CATEGORY.• Bid Acceptance DEPARTMENT.• Town Clerk 2014 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of General Utilities, 100 Fairchild Avenue, Plainview, NY to supply the town with heating fuel oil for 2014 at $0.23 per gallon over the Northville Rack Price, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2014-161 IZ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder El ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Mover 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost January 28, 2014 Page 32 Southold Town Board Meeting VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing 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: William P. Roland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 1/14/14 @ 7:32 PM LL/280-75 Amendments WCF History: 01/14/14 Town Board ADJOURNED Next: 01/28/14 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with 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 14`h day of January 2014, at 7:32 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 280, Zoning, in connection with Wireless Communication Facilities" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. This amendment is intended to make the provisions of Section 280-75 consistent with the siting priority rules in Section 280-70 and to clarify the restrictions on the siting of a wireless communication facility on vacant land. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §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: alto Chapter 170, T ..ndfn,.'L Preson,ati.... 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 and subject to the requirements of Chapter 170, Landmark Preservation. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible and subject to the requirements of Chapter 170, Landmark Preservation. January 28, 2014 Page 33 Southold Town Board Meeting 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. D. Wireless communication facilities on vacant, commercially-zoned parcels with Landmark status and/or in a designated historic district, at the discretion of the Planning. Board with a finding that potential impacts to any nearby historic landmarks or districts are mitigated. III SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit of publication in the Suffolk Times showing that the public hearing was noticed January 2, 2014 and that it was posted on the Town Clerk's bulletin board December 19, 2013. I have a letter from Andrew Freleng, the chief planner of the Suffolk County Department of Planning, "Pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk county Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval." And this comes from Sarah Lansdale, director of planning and signed off by Andrew Freleng, the chief planner. I have a recommendation from the Planning Board, from Donald Wilcenski chairman concerning this resolution "Thank you for the opportunity to provide comments on the above Local Law to amend Chapter 280 Zoning, in connection with the wireless communication facilities. The Planning board supports the proposed amendments to Chapter 280-75. This code section already provides certain exceptions to the prohibition of wireless facilities on parcels with landmark designation and the amendment will add a fourth exception for vacant parcels with commercial zoning. Section 280-75 Historic Buildings and Districts is intended to protect historic structures and historic districts from the addition of a structure that interferes with the character of those places. Currently this section of the code prohibits cell towers on landmarked properties but does allow for `stealth' wireless facilities to be located within a historic structure. The current exceptions in this section allowing for wireless facilities on landmarked property under certain circumstances are an acknowledgement of the intent to permit a wireless communication facility to be located in a historic district with proper review and restrictions. The landmark status is generally enacted to protect buildings with historic value. Within historic districts, however, certain adjacent parcels with no buildings were unavoidably included within the boundaries of the district and automatically designated with the landmark status. This situation, where a parcel has but does not have any historic structures locate on it, was not contemplated in the wireless facilities code. There are likely cases where a vacant parcel with landmark designation could successfully accommodate a cell tower without interfering with the character of a historic district. Examples would include a heavily wooded parcel that is sizeable, or a parcel that is located on the outside edge of a historic district with existing trees to mitigate the visual impacts. In planning for wireless facilities, the Planning Board has found that cell towers are better located on commercially-zoned land where the impacts to residential districts are decrease. January 28, 2014 Page 34 Southold Town Board Meeting Including the restriction that the land be commercially zoned as well as vacant, in the proposed exception will help achieve this goal. In a review of the parcels in Southold with landmark status, only one of the 274 landmarked parcels in currently both without structures and commercially zones, thus limiting the reach of this amendment. This exception will provide for increased opportunities to site wireless facilities where they are needed and deemed appropriate. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation." And I have a memorandum from the LWRP coordinator, Mark Terry, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program (LWRP) policy standards. Based upon the information provided to this department as well as athe records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP provided that the Planning Board evaluates any future action to avoid potential adverse impacts of new development on nearby historic resources as set forth in policy 2.1 below to the greatest extent practicable. 2.1 Maximize preservation and retention of historic resources: D. Avoid potential adverse impacts of new development on nearby historic resources. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And that is it. SUPERVISOR RUSSELL: What we did was we covered the text of the proposed local law two weeks ago. We left the hearing open to give you the opportunity to come up and present your arguments and concern to the Town Board. We can resume that at this time, so you should feel welcome. Whoever would like to go first, please feel free. JIM GRATHWOHL: Thank you again for your time this morning. I am Jim Grathwohl, I am chairman of the Southold Town Landmarks Preservation Commission and I am addressing the Board although we addressed them this morning (inaudible). I don't want to repeat it all but we had a very productive meeting this morning with the Town Board, so now all I am going to do is cover a few of the highlights and let you, let it sink in a little more. The Landmarks Preservation Commission is aware that this, it's just the beginning of the process for approving the proposed cell tower here on Town Hall property or it is just behind the Town Hall. I will say upfront because several people have mentioned this to us, although we share the concerns of residents, neighbors, other town residents about the health hazards of cell towers, that is not our purview. We are the Landmarks Preservation Commission and by law, we cannot discuss the health hazards. Other people certainly can do that. We have discussed as I said this morning, our concerns with both the FCC and the New York State Historic Preservation office and they have provided us guidance on this issue which we have followed. Again, our concerns are not about the cell tower itself, although its proposed location is on a registered town historic site. We understand as many people do, the need for clear and effective wireless communications especially in Southold hamlet but not at Town Hall in the Southold national historic district. I underscore, as I said again this morning, it sets a very bad precedent that laws can be changed, either to gain additional income without regard to preserving the town's historic landmarks. The proposed cell tower also would have an adverse on the registered town hall historic site and the adjacent historic district. The Landmarks Preservation opposed the proposed amendments the Chapter 280-75 and we have had a resolution on that issue which you folks now have. And I January 28, 2014 Page 35 Southold Town Board Meeting guess I close by saying that the current code is effective and should not be changed. Thank you very much for your time and attention again. SUPERVISOR RUSSELL: Thank you. Thank you very much, Jim. Who else would like to address the Town Board next? CATHERINE HARPER: Catherine Harper, Mattituck. Each of you has the opportunity and the authority to insure that Southold Town continues the protection that we owe to our national historic landmark district by voting no on the proposed law whose purpose is to amend provisions regarding siting rules, paving the way for a wireless communication facility to be raised on land designated within the national historic district. By voting against this proposed law, you respect who we Southolder's have been in the past as evidenced by the historic structures that are our proud heritage. By voting against the law, you honor the essence of who Southolder's are today; caring stewards of the rich architectural treasures that we have inherited. By voting against this law, you safeguard the future for our children, preventing any similar misguided attempts at ruining the character of our area. I ask you to envision a cell tower at the middle of the battlefield at Gettysburg. Imagine a cell phone tower stretching up alongside the Washington monument. Picture Mount Rushmore with a cell tower spiking out Jefferson's head. Now try to see Lady Liberty not holding not a torch but a cell tower. If you find these ridiculous, I challenge you to explain why a cell tower looming along Southold's historic corridor is any less absurd. Not only do I fail to comprehend the justification of passing a law permitting a cell phone tower to blight an historic district, I cannot fathom what you are telling yourselves to rationalize the health risks posed by a cell tower on a site behind Town Hall and to close proximity to a school. Again, you have the opportunity and the authority to avert needless suffering for our children. With your no vote, you can eliminate the threat of a major health threat for the thousands of student who over the years will be vulnerable to the cell towers RF radiation emanating in the school's direction. We were once na5ve enough to believe that asbestos and cigarettes were harmless, how confident are you that RF radiation isn't similarly hazardous? The proposed law is a bad law and the site behind the town hall is the wrong site. I urge you to vote against this proposed law and against the ensuing desecration of the historic district and against the consequentially dire health risks with which you would jeopardize our children. Thank you. SUPERVISOR RUSSELL: Who would like to go next? UNIDENTIFIED: I just want to make two points in all of this. There was some discussion about whether this is spot zoning or not, on this particular situation and this afternoon I sort of went online and looked around and this is from the legal dictionary on spot zoning `the granting to a particular parcel of land a classification concerning its use that differs from the classification of other land in the immediate area, spot zoning is invalid because it amounts to an arbitrary, capricious and unreasonable treatment of a limited area within a particular district and is therefore a deviation from the comprehensive plan'. Now I am sure there are other definitions as well but personally I think this is spot zoning. That's one thing that I wanted to bring to your attention, I thought maybe reading a definition from a legal dictionary would be some food for th January 28, 2014 Page 36 Southold Town Board Meeting ought. The other thing that bothers me is that when you think about what zoning is really about, its inherent basic purpose and why it was devised in the first place going back to the case of Euclid, it is about the protection of health, welfare and life safety. And also the protection of property values. So here we are taking a part of our code and we are really unzoning it and we are getting away from what it means to have zoning in a way by putting this into our code and I find that deeply disturbing, it is not that zoning ordinances can't change but when you think of the basic tenets of what zoning is about, this falls far short of the mark, this change. Thank you. SUPERVISOR RUSSELL: Who would like to go next? JAMIE GARRISON: I am Jamie Garrison with the Landmarks Commission. I would like to make one proposal with a minor change, that we change in D, 2 D, change the word Planning Board to Landmarks Commission. I think that allows you to study the work, allows you to get involved in it, everything that you want to do but it allows the Landmarks Commission which is the appropriate commission to review the work, to review the work and to make recommendations. SUPERVISOR RUSSELL: Thank you. Who would like to go next on this? ROBERT HARPER: Good evening. My name is Robert Harper and I am also with the Landmarks Commission but as I said last time, my views here are as a private citizen and not necessarily the views of the commission. As a matter of fact, I wasn't sure these were my views until about two hours ago. Here goes, I have been a preservationist all my life. I was born in Brooklyn, in a brown stone, where my earliest memories were filled with Victorian plasterwork. When I was little I wouldn't use my crayons because I wanted to save them just the way they were. When my family left the city for East Meadow, there were vestiges of an earlier time. There were farm houses, open fields, Victorian houses. Now when I go back, it's all gone. Replaced by a veritable nightmare of strip malls and tacky boxes. So as you can see, I am not I am not a native of Southold, my ancestors waited for a ship that had enough lifeboats before coming over here. But sometimes it takes outsider to realize what a local might take for granted. I chose Southold because it was different, it was special. Whenever guests come to our house and ask us how our town escaped the fate of so much of the rest of Long Island, I tell them that we learned the lessons from East Meadow and Route 58 and even the Hamptons. With those places as an example, we could see into the future and avoid the pitfalls of becoming another generic suburb or a version of New York City. I also tell them we have leaders who have the foresight to enact laws that protect the assets that make Southold unique. Tonight you are proposing the change to one of those laws that will undermine the very concept of what a national historic district is. Are you going to be the first ones to push over the domino? An equally important concern to me as a former teacher is the potential health risk to our children. According to mapquest, the nearest school is less than '/4 of a mile away. Earlier today, I emailed each board member and every PTA parent links to what I consider the definitive studies on RF radiation and its links to cancer. One study, which is referred to as the German study because it was done in Germany, found the cancer risk was more than triple for those living close to a cell tower. The other called the Israeli study for obvious reasons, found a four-fold increase in the January 28, 2014 Page 37 Southold Town Board Meeting risk of cancer being close to a cell tower. Inconclusive, I have heard that word many times, perhaps would you board a plane if the pilot said it was inconclusive as to whether you would land safely at your destination? I have also heard that correlation doesn't imply causation. Not necessarily. But sometimes it does. One final point, after this morning's meeting I drove around Southold trying to find the dead spots in cell phone coverage. I went to Founders Village first because I spoke with a gentleman there earlier whose concern was if his power goes out, the residents of Founders Village would not be able to get emergency services if they needed it. from there, I was able to place a cell phone call to my own home. Next I continued north to Horton Point lighthouse where I expected not to find any coverage. There I had three bars without losing any reception along the way. Maybe the solution to this is as simple as switching to Verizon. I thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this issue? Marie? MARIE DOMENICI: Marie Domenici, Mattituck. After the last meeting, I went to the website of the FCC and I looked at their mission statement. And their mission statement does not make any correlation to health or health issues or concerns. So basically with the FCC all they are is a conduit by which corporate America can jam stuff down this communities throat or any other community that might have concerns about EMF and radiation concern. So I think that if you need someone that is going to have the bandwidth to understand the health issues which they blatantly not take into consideration, I don't see how we can protect ourselves if they take away your right as a Board and the town to govern how many of these cell towers are going to be jammed down our throats. And putting all of us at risk. The other thing is at the last meeting I mentioned the fact that the police department has that cell tower adjacent to the building and I recommended maybe you check to see what the health issues, if there are any there, have you had any time to investigate that? SUPERVISOR RUSSELL: In two weeks? No. MS. DOMENICI: Okay. That would be very revealing and maybe that would help make some decisions, you know, help you guys make some decisions as to how many, you know, cell towers would be enough cell towers in this community. So that is my only question. So at some point, Scott, hopefully I could follow up with you and maybe have that information. Okay? Alright. Thank you for your time. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular issue? ROBERT DUNN: Robert Dunn, Peconic. I am a little confused over a lot of stuff over the last two weeks. There is a need for a cell phone tower in the hamlet? SUPERVISOR RUSSELL: Yes. MR. DUNN: Does that mean the historic district? January 28, 2014 Page 38 Southold Town Board Meeting SUPERVISOR RUSSELL: No, the historic district is a very small subset of the hamlet itself, or the identified area, the hamlet district is like this... MR. DUNN: So the hamlet is a little bigger than SUPERVISOR RUSSELL: Yes. Substantially. Substantially bigger. MR. DUNN: But the bottom line is, if it went anywhere in the hamlet, you really are not going to get out of the wave distance potential that people are worried about. SUPERVISOR RUSSELL: You would have to ask, or Jim is an expert on this. MR. DUNN: The signal was basically going to be the same. The umbrella or the signal, if it is in the hamlet, it is about the same that it would be if it was in the historic district, correct? COUNCILMAN DINIZIO: Well, yes. They can put it 50 feet from here, it would basically be the same. MR. DUNN: And as far as the kids, how many kids are in the, could you take a guess in the school? SUPERVISOR RUSSELL: In Southold? I have a pretty good handle on my alma mater, Mattituck, but I don't know what Southold's population.... COUNCILMAN DINIZIO: Probably 600 or 700. SUPERVISOR RUSSELL: Yes probably 600 or 700 and that would be K through 12. MR. DUNN: Okay. And a third of them might be carrying cell phones? SUPERVISOR RUSSELL: More than that. MR. DUNN: In fact, aren't they mini towers? COUNCILMAN DINIZIO: Well, they are power is, somewhat equivalent to the tower. MR. DUNN: They are transmitting a signal, correct? COUNCILMAN DINIZIO: Inaudible. MR. DUNN: So they are carrying them in the school. SUPERVISOR RUSSELL: The irony is, the highest concentration of cell phones in Southold Town on any given day is at the school. January 28, 2014 Page 39 Southold Town Board Meeting MR. DUNN: And each one of them is sending a signal, so I'm.... COUNCILMAN DINIZIO: I would also add this, that the further you are away from the tower, the more that the phone is going to try to keep in contact with it. MR. DUNN: so it's not that the tower alone is creating the signal.... COUNCILMAN DINIZIO: The phone has to talk to the tower, as the tower has to talk to the phone. So the power has to be equivalent. MR. DUNN: So basically whether there is a tower here or not, the signal is still going to be at the school. Coming from the phone. COUNCILMAN DINIZIO: Well, like I said, if you can talk in the high school now, you will be able to talk at the high school when this tower is put on, on a stronger signal, a faster signal. But you know, the need still needs to be demonstrated by the applicant through the Planning Board. That hasn't been done yet. They have to qualify and quantify their reasons for needing a tower at this site. MR. DUNN: And there are a number of hurdles that would have to be.... SUPERVISOR RUSSELL: SEQRA being chief among them. MR. DUNN: right. So this is not a done deal, this is just to.... SUPERVISOR RUSSELL: The idea was to let the application go forward so the whole process could be vetted thoughtfully and thoroughly. MR. DUNN: Okay. Thank you. COUNCILMAN DINIZIO: It is just a request for a cell tower, where they feel they need it. SUPERVISOR RUSSELL: Right. MR. GRATHWOHL: Just for our benefit, either Scott or Jim, could you just indicate the steps that the whole process had to go through? This being one of the first. I know the Planning Board and so on and so forth. Could you just kind of outline the steps that the whole application has to go through? SUPERVISOR RUSSELL: Yes, it is a little bit difficult, l don't want to take a lot of time but the application has come in for a building permit, it had been denied based on certain criteria. If the application, I believe for a site plan, needs to come in to the Planning Board the first thing they will do is review and they will want to do a SEQRA evaluation. All of the you know, visual impact, all of those things need to be weighed in as part of the SEQRA and addressed. Any January 28, 2014 Page 40 Southold Town Board Meeting public concerns need to be part of that document and addressed. Now, having them addressed doesn't mean that they are going to be solved. For instance, you may not be able to mitigate visual site impacts, you know, those are the type of things you want to evaluate in the SEQRA document. Ultimately go back to the Planning Board, if the variances are needed, they actually have the authority in the current code to grant variances but it is a public process. There will be public hearings on it, the public would be included. When the site plan application come in, it goes out to all agencies, including the Landmarks Preservation Commission, all town departments for input and guidance. COUNCILMAN DINIZIO: I would just like to add one thing, the notice of disapproval that you get from the building inspector has two, I think it is two criteria they failed it on, the one we are addressing today can only be addressed by this Board. SUPERVISOR RUSSELL: Right. Would anybody else like to comment on this? Yes, Mr. Harper. MR. HARPER: I don't want any misinformation out there. the two studies that were done were not done in the United States and there is a correlation between how far away you are from the tower and the instances of cancer. I am just going to read you one sentence here `the results of this study shows that the proportion of newly developing cancer cases were significantly higher among those patients who had lived during the period of 10 years at a distance of up to 400 meters from the cellular transmission site which had been in operation since 1993 compared to those patients living further away and the patients fell ill on an average 8 years earlier.' This is the one that cites there is a three-fold increase in the incidents of cancer. Four hundred meters I am guessing is about 1,500 feet perhaps. But there is a connection between how far away you are from a cell phone tower and the incidences of cancer. COUNCILMAN DINIZIO: I just want to point something out, cell phone in 1993 put out probably six times more energy than a cell phone in 2014. Just because there were not enough towers, there was not enough, battery power was different. Technology was a completely different type of technology, we are in to LGE, so all of that has been mitigated down. Everything has been miniaturized, batteries are miniaturized and the amount of power, you couldn't compare the 1993 phone to a phone today. the amount of electro-magnetic force that it produces.... MR. HARPER: Most of these studies... COUNCILMAN DINIZIO: I can't imagine (inaudible) I know it was a lot more than it is now. MR. HARPER: Most of these studies are actually referring to lower wattage radiation than higher wattage radiation. COUNCILMAN DINIZIO: I agree. January 28, 2014 Page 41 Southold Town Board Meeting MR. HARPER: Also, there is a difference between having a cell phone and making a phone call and a cell phone tower that is constantly in use, where it has RF radiation emitting from it at all times, rather than... COUNCILMAN DINIZIO: I agree with you 100%, sir. Those cell towers, those antennas, are not the antennas you see today. MR. HARPER: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment? ANN SURCHIN: I got up earlier, I did not introduce myself. My name is Ann Surchin, I am from Southold. I am on the Landmarks Board although my comments really didn't have much to do with the Landmarks Board. But I just wanted to introduce myself. SUPERVISOR RUSSELL: Would anyone else like to address the Board? I would like to make a few comments if you are done commenting. First I want to correct a couple of things. So you know where I am coming from. I lost my father to cancer, I watched my mother battle a very aggressive form of breast cancer, I have lost friends, I have lost colleagues to cancer. I have a niece and a nephew that go to that school around the block. I think it would be unfortunate for anybody to use the word naive. This Town Board is anything but naive. It would also be unfortunate for anybody to presume that we haven't looked at all the available science and all the available studies as we have been dealing with cell towers for some years now. the overwhelming majority of those studies have found no link. The American Cancer Society has taken a formal position on it, declaring that there is no link. The American Physics Society and countless others. But you need to understand that we certainly don't go into these with blinders on. We look at all available information. The idea of spot zoning was put on the table two weeks ago and I am sorry to mention this in a public hearing but some of you are active in a group that is in an effort to save Sacred Heart Church in Cutchogue, if I am not mistaken. You met with the Planning Board to discuss alternative zoning for the site in hopes of making it more marketable towards a prospective buyer in the hopes to make preservation more feasible. How is that not spot zoning or how is that not establishing a precedent more than this? Further, I am talking and then you are welcome to get back up. The original application was going to go just a few feet away. That is not going to mitigate the health impacts for the children, if there are any. It is certainly not going to impact the site analysis, given the height of the tower. Those are all the things that we had to factor in. you talked about a man from Colonial Village that is worried about communications in the event that the power goes out, one of the reasons that we wanted to locate cell towers on town sites was that we are not allowed and I mentioned this two weeks ago, by federal law, to require backup generation for the site to stay in service after a catastrophic event such as Sandy. Because we would be the owner of the underlying property, we have the right to insist on that in a lease. So we can ask for backup generation for two, three or four weeks. Under the current scheme, generally they have battery backup that lasts a day, maybe two. That is why nobody's devices worked after Sandy. We are trying to fill holes for the safety concerns. We are trying to fill those holes in our emergency management response. That is one of the reasons that we drafted and passed town code that establishes as a priority town owned January 28, 2014 Page 42 Southold Town Board Meeting sites, one of those factors. Now, we talked to the Landmarks Preservation today, it was a very good productive meeting. You have raised some very valid concerns and as I said today, we need to weigh them heavily in our decision making. But let's be honest about the discussion. I think what you said with regard to historic preservation is all well received by this Board. Would anybody else like to address this? Would anyone else like to comment on this? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 1/28/14 @ 4:32 PM LL/Old Main Road, Mattituck, Water Map Amendment COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 140' day of January, 2014, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck" 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 28`h day of January, 2014 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Old Main Road in Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck, SCTM #1000-126-2-2. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The property owner, Ali Yuzbasioglu, has represented to the Town that the groundwater quality at this property is inadequate and poses a significant concern that requires the extension of public water to the property. The extension of the transmission main is intended to supply the Yuzbasioglu property and is not intended to result in additional pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County January 28, 2014 Page 43 Southold Town Board Meeting Department of Health Services to provide safe drinking water to the Yuzbasioglu property, and upon our consideration of the recommendations of the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2010-478, is hereby amended to reflect the extension of a water transmission main to 120 Old Main Road, Mattituck. Section 4. 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. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. There is an affidavit of publication from the Suffolk Times showing that this has been a noticed hearing. We do have an affidavit of posting on the Town Clerk's bulletin board. There is a letter here from the Suffolk County Department of Planning from Andrew Freleng, the chief planner `Pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval.' And we do have a letter here from the Southold Town Planning Board from Donald Wilcenski, the Planning Board chair, `The Planning Board has reviewed the request for comments from the Town Board for the water map amendment for the parcel referenced above. The Planning Board recommends approving this water map amendment due to the subject parcels location, very close to the nearest water main, less than 150 feet.' And that was received October 18, 2013. That's all. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this local law? (No response) January 28, 2014 Page 44 Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Roland, Doherty, Evans, Russell Closing Comments SUPERVISOR RUSSELL: Would anyone like to address the Town Board on any issue? (No comment) Motion To: Adjourn Town Board Meeting This Town Board meeting was declared adjourned at 5:25 PM asazzzia. nut& Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Roland, Doherty, Evans, Russell