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HomeMy WebLinkAboutTB-01/14/2014 ELIZABETH A. NEVILLE agpFFO(~ Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS y? Fax (631) 765-6145 MARRIAGE OFFICER y~o! yaa 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 14, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 14, 2014 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on January 14, 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. Roland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present 1. Reports 1. Board of Trustees 2. Justice Rudolph H. Bruer 3. Town Clerk 4. Building Dept 5. Zoning Board of Appeals 6. Special Projects Coordinator 7. Justice Louisa P. Evans 8. Justice William H. Price Jr Page 1 January 14, 2014 Page 2 Southold Town Board Meeting 9. Program for the Disabled II. Public Notices 1. Suffolk County Dept. of Economic Development and Planning 2. NYSDEC Notice of Complete Application 3. NYS Liquor License Renewal Notice 111. Communications IV. Discussion 1. 9:00 Am - Chief Flatley 2. Mattituck Inlet Dredging Update 3. LL/Amendments to Chapter 280-75 4. LL/Parking Restrictions of Village Lane, Orient 5. LL/Water Map Amendments, Old Main Road, Mattituck 6. LL/Chapter 280 Amendments, Non-Conforming Uses and Buildins 7. LL/Amendments to Chapter 144, Tents Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:46 AM for the purpose of discussing the following matters: (1) Labor: Matter(s) involving employment of particular person (s) (2) Litigation: Michael & Dawn Savino vs. Board of Trustees (3) Attorney/Client Privilege RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 8. 11:00 Am - EXECUTIVE SESSION - Melissa Spiro - Proposed Property Acquisition/S 9. EXECUTIVE SESSION - Labor 10. EXECUTIVE SESSION - Litigation January 14, 2014 Page 3 Southold Town Board Meeting Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:56PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Roland, Doherty, Evans, Russell Pledge to the Flag Special Presentation Jeffrey Heidtmann Opening Comments Supervsior Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I see Jeffrey Heidtmann is in the audience, I would like Jeff to come on forward. Inaudible. The Town Board has a rare opportunity to find the time to honor a local hero. I would like to present a proclamation: `Whereas the Town Board of the Town of Southold on behalf of the residents of Southold Town wishes to honor Jeffrey Heidtmann for his heroic actions on Friday, January 3, 2014 and whereas during this particular afternoon, Jeff was in the right place at the right time. He was the only one who heard cries for help from his neighbor who had slipped into the icy water behind their homes and had become trapped between two docks and whereas despite the impending danger to his own life, Jeff s instincts and quick thinking caused him to act immediately to pull his neighbor from the freezing water and save his life and whereas Southold Town takes pride in the achievements of its citizens and welcomes the opportunity to recognize the efforts of a true North Fork hero, now therefore be it resolved that the Town Board of the Town of Southold wishes to recognize Jeffrey Heidtmann for his quick thinking and unselfish response to a life threatening situation and we express our sincere appreciation for his civilian service to his community and the residents of Southold Town.' Thank you very much. Okay, what I would like to do now is take comment on any of the agenda items. I do know that there are some people here to speak on a local law that has been proposed. That would be held as a separate hearing as part of this meeting, after the business of the agenda is done. In the meantime, would anybody like to address on any of the general agenda items, please feel free. (No response) V. Resolutions 2014-94 CATEGORY.• Audit DF.P.4RTMFNT.• Town Clerk January 14, 2014 Page 4 Southold Town Board Meeting Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 14, 2014. ? Vote Record - Resolution RES-2014-94 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 Receivers Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter El ? 11 11 ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? - ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-95 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, January 28, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ? Vote Record - Resolution RES-2014-95 0 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 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 2014-57 January 14, 2014 Page 5 Southold Town Board Meeting Tabled 1/2/201411:00 AM CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Clerk FI Bay Patrol Agreements with Matthew Skinner and John Evans RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an aereement between the Town of Southold and Matthew Skinner, Fishers Island, to perform services as a Fishers Island Bay Patrol, effective January 1, 2014 through December 31, 2014, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and John Evans, Fishers Island, to perform services as a Fishers Island Bay Patrol, effective January 1, 2014 through December 31, 2014, at a compensation rate of $1,296.88, plus approved expenses, subject to the approval of the Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and Alex Williams, Fishers Island, to perform services as a Fishers Island Bay Patrol, effective January 1, 2014 through December 31, 2014, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2014-57 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Mover EI ? ? ? ? Tax Receivers Appt William P. Ruland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's App, Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter RI ? ? ? ? No Action ? Lost 2014-96 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for 2014 Soundview Ave Guardrail Financial Impact: Appropriate FEM9 and SEMO aid for construction of Soundview Avenue guardrail January 14, 2014 Page 6 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 budget as follows: General Fund Part Town Decrease Appropriations: B.1990.4.100.100 Unallocated Contingencies $1,246 Totals $1,246 Increase Appropriations: B.9901.9.000.200 Transfer to Highway Fund $1,246 Totals $1,246 HiehwaY Fund Part Town Increase Revenues: DB.3960.50 SEMO Aid $1,245 DB.4960.50 FEMA Aid 7,472 DB.5031.00 Interfund Transfers 1,246 Totals $9,963 Increase Appropriations: DB.5110.4.400.250 Storm Damage/Road Stabilization A20 Totals $9,963 ? Vote Record - Resolution RES-2014-96 0 Adopted ? Adopted as Amended ? Defeated - n - 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 Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-97 CATEGORY.• Committee Resignation DEPARTUENT.• Supervisor Resignation from Youth Bureau Board by C. Kokkinos RESOLVED the Town Board of the Town of Southold hereby accepts with regret the resignation of Costa Kokkinos of the Youth Bureau Board effective immediately. January 14, 2014 Page 7 Southold Town Board Meeting ? Vote Record - Resolution RES-2014-97 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 Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-98 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2013 FIFD Budget Modification Financial Impact: To cover over expenditures 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 6, 2014, which amended the 2013 Fishers Island Ferry District budget. ? Vote Record - Resolution RES-2014-98 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Seconder 0 O ? ? ? Supervisors Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appi Louisa P. Evans Mover 0 ? ? ? ? Supt ligwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-99 CATEGORY: Employment - FIFD DEPARTMENT. Accounting January 14, 2014 Page 8 Southold Town Board Meeting Increase Jason Mark's Deckhand Pay Rate RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted January 6, 2014 that increases Jason Mark's deckhand's a rate effective January 16, 2014. ? Vote Record - Resolution RES-2014-99 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 El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-100 CATEGORY: Surplus Equip - Non Usable DEPARTMENT.• Police Dept Police Department-Scrap Surplus Vehicle WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus: Asset No. 2646, 2001 Chevrolet Lumina, VIN# 2G1WL52J311270553, Tag B9 WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefore be it RESOLVED that Asset No. 2646 is to be declared as unusable surplus equipment and disposed of. ? Vote Record - Resolution RES-2014-100 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Robert Ghosio Voter 0 ? ? ? ? Defeated ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William P. Roland Seconder 0 ? ? ? ? Supervisor's App( Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? January 14, 2014 Page 9 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-101 CATEGORY.- Organizational - Accounting DEPARTMENT.- Accounting Appointed Officials Salaries RESOLVED that the Town Board of the Town of Southold hereby amends resolution number 2013-14 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets the following per annum salaries for the following appointed officials or employees effective January 1, 2013 through December 31, 2013: Deputy Supervisor Albert Krupski 2,000.00 Public Works Deputy Department Head Jeffrey Standish 8,000.00 Secretarial Assistant Michelle Tomaszewski 61,200.00 Deputy Superintendent of Highways Curtis Davids 80,944.34 t Town Attorney Martin Finnegan 123,789.00 Assistant Town Attorney Jennifer Andaloro 98,463.46 Secretary, Office of the Town Attorney Lynne Krauza 66,240.60 Secretarial Assistant Regina Blasko 50~501..009 51,511.11 Town Comptroller John A. Cushman II 112,321.75 t Deputy Town Comptroller Connie D. Solomon 87,053.94 £ Town Historian Antonia S. Booth 18,387.20 Secretary to the Supervisor Lauren Standish 63,437.68 £ Payroll Supervisor Janice Foglia 73,199.00 $ Secretarial Assistant Christine Foster 59,716.90 Principal Account Clerk Lynda Rudder 71,940.271 Senior Administrative Assistant Linda Cooper 76,340.47 t Town Planning Director Heather Lanza 112,171.11 Network & Systems Administrator Lloyd Reisenberg 100,820.55 £ Senior Citizen Program Director Karen McLaughlin 103,560.60 ¥ Executive Assistant James McMahon 97,669.52 t Chief Building Inspector Michael Verity 89,387.781 Solid Waste Coordinator James Bunchuck 91,784.66 ¥ Deputy Town Clerk Bonnie J. Doroski 2,647.00 Deputy Receiver of Taxes Vicki DeFriest 1,209.00 LWRP Coordinator Mark Terry 3,750.00 January 14, 2014 Page 10 Southold Town Board Meeting Landmarks Preservation Application Coordinator Damon Rallis 4,000.00 Deputy Solid Waste Coordinator David Zuhoski 5,000.00 t plus 8% longevity ¥ plus 7% longevity $ plus 6% longevity £ plus 5% longevity Vote Record - Resolution RES-2014-101 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 ! Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? No Action ? Lost 2014-102 CATEGORY.• Organizational - Accounting DEPARTMENT.' Accounting Amend 2014 Appointed Officials Salaries RESOLVED that the Town Board of the Town of Southold hereby amends resolution number 2014-25 as follows: RESOLVED that the Town Board of the Town of Southold hereby sets the following per annum salaries for the following appointed officials or employees effective January 1, 2014 through December 31, 2014: Deputy Supervisor William Ruland 2,000.00 Town Attorney Martin Finnegan 126,265.00 Assistant Town Attorney Jennifer Andalaro 100,433.00 Secretary, Office of the Town Attorney Lynne Krauza 67,565.00 £ Deputy Superintendent of Highways Curtis Davids 82,563.00 t Town Comptroller John A. Cushman II 114,568.00 t Deputy Town Comptroller Connie D. Solomon 88,795.00 £ Town Historian Antonia S. Booth 18,755.00 Secretarial Assistant, Office of the Supervisor, Michelle Tomaszewski 62,424.00 Confidential Secretary, Office of the Supervisor, Lauren Standish 64,706.00 $ January 14, 2014 Page 11 Southold Town Board Meeting Payroll Supervisor Janice Foglia 74,663.00 $ Secretarial Assistant Christine Foster 60,911.00 Principal Account Clerk Lynda Rudder 73,379.001 Senior Administrative Assistant Linda Cooper 77,867.00 t Network & Systems Administrator Lloyd Reisenberg 102,837.00 £ Secretarial Assistant Regina Blasko 59,°~ 944.00 53,972.00 Town Director of Human Services Karen McLaughlin 105,632.00 ¥ Executive Assistant Jeffrey Standish 81,823.001' Chief Building Inspector Michael Verity 91,176.001 Solid Waste Coordinator James Bunchuck 93,620.00 ¥ Town Planning Director Heather Lanza 114,415.00 Deputy Town Clerk Bonnie J. Doroski 4,000.00 Deputy Receiver of Taxes Vickie DeFriest 1,500.00 Landmarks Preservation Coordinator Damon Rallis 4,000.00 t plus 8% longevity ¥ plus 7% longevity $ plus 6% longevity £ plus 5% longevity * plus 5% longevity as of 9/1/14 / Vote Record - Resolution RES-2014-102 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter m ? ? ? ? Supervisors Appi 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 2014-103 CATEGORY: Budget Modification DEPARTMENT.• Accounting Create Capital Budgets for Online Dog Licensing Financial Impact: Create capital budget for online dog licensing WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $2,000 appropriation for Online Dog Licensing, and January 14, 2014 Page 12 Southold Town Board Meeting 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: Online Dog Licensing Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $2,000 Total $2,000 Appropriations: H.1680.2.500.100 Data Processing Capital Outlay Online Dog Licensing $2,000 Total $2,000 V Vote Record - Resolution RES-2014-103 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 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 2014-104 CATEGORY.' Budget Modification DEPARTMENT: Accounting Create Capital Budget for Recreation Registration Financial Impact: Create capital budget for Recreation registration WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $11,000 appropriation for Online Registration for Recreation, and January 14, 2014 Page 13 Southold Town Board Meeting 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: Online Recreation Registration Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $11,000 Total $11,000 Appropriations: H.1680.2.500.200 Data Processing Capital Outlay Online Recreation Registration $11,000 Total $11,000 V Vote Record - Resolution RES-2014-104 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. Ruland Voter 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Sept Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-105 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.- Town Attorney CME Associates, Land Surveying & Architecture Agreement/M Town & Private ROWS 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 CME Associates Engineering, Land Surveying & Architecture, PLLC, in connection with preparing a topographic survey and base mapping that will include all existing conditions related to existing segments of certain Town & Private Right-of-Ways located on Fishers Island, at a cost not to exceed $8,900.00, subject to the approval of the Town Attorney. January 14, 2014 Page 14 Southold Town Board Meeting ? Vote Record - Resolution RES-2014-105 0 Adopted ? Adopted as Amended ? Defeated ? Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn Robert Ghosio Voter 0 0 ? ? ? 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 2014-106 CATEGORY. Fmla DEPARTMENT. Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4371 effective January 15, 2014 pursuant to the Family Medical Leave Act. ? Vote Record - Resolution RES-2014-106 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 Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-107 CATEGORY.- Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification (2014-A) January 14, 2014 Page 15 Southold Town Board Meeting Financial Impact: Shop arc welder burned out. Unplanned expense -this budget modification needed to replace. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: From: SR 8160.2.500.600 (Misc. Sanitation Equipment) $ 2,200 To: SR 8160.2.500.200 (Garage and Ship Equipment) $ 2,200 ? Vote Record - Resolution RES-2014.107 0 Adopted ? Adopted as Amended ? Defeated ? Tabled Yes/Aye No/Nay Abstain Absent ? Withdrawn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? O 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 El ? ? ? ? No Action ? Lost 2014-108 CATEGORY: Attend Seminar DEPARTMENT. Planning Board Attend Seminar Financial Impact: none RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, and Mark Terry, Principal Planner, to attend a seminar on Coastal Community Planning Training at the Peconic Institute in Southampton on January 28, 2014. No expenses will be incurred to the Planning Budget. ? Vote Record - Resolution RES-2014-108 O Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated Robert Ghosio Seconder 0 ? ? ? ? Tabled James Dinizio Jr Voter 0 ? ? ? January 14, 2014 Page 16 Southold Town Board Meeting ? Withdrawn William P. Ruland 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 2014-109 CATEGORY.• Employment - Town DEPARTMENT. Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #0074 effective December 2 2013 pursuant to the Family Medical Leave Act. ? Vote Record - Resolution RES-2014-109 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled Robert Ghosio Mover 0 ? ? ? ? Withdrawn ? Supervisor's App[ 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 Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-110 CATEGORY.• Employment - Town DEPARTMENT.- Accounting Appoint Nancy Foote Senior Account Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy L. Foote to the position of Senior Account Clerk Typist for the Department of Public Works, effective January 15, 2014, at a rate of $48,941.14 per annum. January 14, 2014 Page 17 Southold Town Board Meeting V Vote Record - Resolution RES-2014-110 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? With lmwn Robert Ghosio Voter 0 ? ? ? ? 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 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-111 CATEGORY. Litigation DEPARTMENT. Town Attorney Authorize Settlement ofAbbott V. ZBA Litigation RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled "John Abbott v. ZBA of the Town of Southold" and further authorizes Town Attorney, Martin D. Finnegan, to execute the Stipulation of Settlement. -r Vote Record - Resolution RES-2014-111 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 ? - ? 11 ? 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 2014-112 CATEGORY.' Contracts, Lease & Agreements DEPARTMENT. Solid Waste Management District Crusher Rental Agreement January 14, 2014 Page 18 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement for rental of concrete crushing equipment from Sagaponack Sand & Gravel, at a cost not to exceed $14,000 for the processing of accumulated waste concrete and asphalt at the Cutchogue Transfer Station, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-112 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 Mover 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter Rl ? ? - ? ? No Action ? Lost 2014-113 CATEGORY.. Contracts, Lease & Agreements DEPARTMENT. Town Attomey MOU W/Business Automation Services Inc./Online Recreation Program Registration 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 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, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-113 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio Seconder 0 ? ? ? ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's App( Scott A. Russell Voter 0 ? ? ? ? Supt Hgwys App( ? No Action ? Lost January 14, 2014 Page 19 Southold Town Board Meeting 2014-114 CATEGORY.• Strawberry Fields DEPARTtMENT.• Town Clerk Tent Revival at Strawberry Fields Financial Impact: Total Police Department cost for the event = $526.72 RESOLVED that the Town Board of the Town of Southold hereby grants permission and authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Presbyterian Church to hold a Tent Revival "Awakening 114" for various North Fork churches at Strawberry Fields on Thursday, July 31 through Sunday, August 3, 2014 from 8:00am to 10:00 pm each day, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. All fees shall be waived. ? Vote Record - Resolution RES-2014-114 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover 0 ? - ? ? ? Supervisor's Apin 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 El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter Rl ? ? ? ? No Action ? Lost 2014-115 CATEGORY: Budget Modification DEPARTMENT.' Solid Waste Management District SWMD Budget Modifications (2013) Financial Impact: To cover remaining overdrawn lines in FY2013 as of 1-14-14. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: January 14, 2014 Page 20 Southold Town Board Meeting From: SR 1490. 1.100. 100 (F/T Employee-Regular) $ 475 SR 8160.4.400.820 (Commingled Trucking) $ 2,750 SR 8160.4.400.825 (Newspaper Trucking) $ 4,275 SR 8160.4.400.835 (Cardboard Trucking) $11,270 $18,770 To: SR 8160.1.200.100 (P/T Employee-Regular) $ 475 SR 8160.4.100.400 (Welding Supplies) $ 30 SR 8160.4.100.646 (Maint/Supply-Mechanic Truck) $ 60 SR 8160.4.200.200 (Light and Power) $ 4,275 SR 8160.4.400.125 (Compost Analysis Services) $ 5 SR 8160.4.400.695 (Repairs-Mechanic Truck) $ 175 SR 8160.4.400.805 (MSW Removal) $11,000 SR 8160.4.400.817 (C&D Trucking) $ 2,750 $18,770 / Vote Record - Resolution RES-2014-115 RI Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled Robert Ghosio Voter D ? ? ? ? Withdrawn ? Supervisor's Appt James Dinizio Jr Mover Rl ? ? ? ? Tax Receiver's Appt William P. Roland Seconder 0 ? ? ? ? Rescinded Jill Doherty Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 1 - ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter m ? ? ? ? No Action ? Lost 2014-116 CATEGORK Organizational DEPARTMENT. Town Clerk Delegate & Alternate for Association of Towns RESOLVED that Supervisor Scott A. Russell hereby amends the Supervisors resolution 2014- 40, adopted at the Organizational meeting to read as follows: RESOLVED that Supervisor Scott A. Russell be and he hereby is designated to represent the Town of Southold at the annual meeting of the Association of Towns of the State of New York, to be held in New York City on February 17, 18, 19, & 20, 2014 and to cast the vote of the Town of Southold pursuant to Section 6 of Article III of the Constitution and By-Laws of the Association of Towns; and be it January 14, 2014 Page 21 Southold Town Board Meeting FURTHER RESOLVED that Gouneilwoman All Dehel Councilman James Dinizio, Jr and Town Clerk Elizabeth A. Neville be and they hereby are designated to act as the alternate delegates, to cast the vote of the Town of Southold at the annual meeting of the Association of Towns in the absence of Supervisor Russell. ? Vote Record - Resolution RES-2014-116 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 Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Mover 0 ? ? - ? ? No Action ? Lost 2014-117 CATEGORY.• Attend Seminar DEPARTMENT. Town Clerk Additional Attendees NYSAOT RESOLVED that the Town Board of the Town of Southold hereby authorizes the following Town employees to attend the New York State Association of Towns Annual Meeting at New York City, February 16 - 19, 2014, all charges are to be a legal charge to the 2014 budget: Sabrina Born, Receiver of Taxes Office Michael Collins, Town Engineer Office ? Vote Record - Resolution RES-2014-117 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay ! Abstain Absent ? Tabled ? Withdru" Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? Tax Receiver's Appt William P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost January 14, 2014 Page 22 Southold Town Board Meeting 2014-118 CATEGORY. Retirement/Resignation DEPARTMENT: Town Clerk Retirement Resolution for Elected Officials RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014-87, adopted at the January 2, 2014 regular Town Board meeting as follows: WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month (based Work Day Begins/ Employer's on Record of (Hrs/day Ends Time Keeping Activities) System (Y/N) Elected Officials Zoning Board Eric Dames 6 4/23/2013 N 3.03-3.53 12/31/14 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Elizabeth A. Neville Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 2nd day of January 2014 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. January 14, 2014 Page 23 Southold Town Board Meeting I further certify that the full board, consists of six (6) members, and the five (5) of such members were present at such meeting and that the five (5) of such members voted in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 2"d day of January 2014. SEAL Elizabeth A. Neville Town Clerk Town of Southold A certified copy of this resolution shall be sent to the New York State Employees Retirement System and posted on the Town Website fora period of thirty (30) days. ? Vote Record - Resolution RES-2014-I IS 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 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 2014-119 CATEGORY.• Seqra DEPARTMENT.• Town Attorney SEQRA LL/280-75 Amendments - Wireless Communication Facilities RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Wireless Communication Facilities" is classified as a Type 11 action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2014-119 0 Adopted / A ? Adopted as Amended Yes/Aye No/Nay Abstain Absent January 14, 2014 Page 24 Southold Town Board Meeting ? Defeated Robert Ghosio Seconder 0 ? ? ? ? Tabled James Dinizio Jr Voter R1 ? ? ? ? Withdrawn William P. Roland Voter 2 ? ? ? ? Supervisor's Appt Jill Doherty Voter [ ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 0 ? ? ? ? Rescinded Scott A. Russell Voter El ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-120 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 1128114 @ 4:32 PMLL/Old Main Road, Mattituck, Water Map Amendment WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14'h 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" 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 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 14, 2014 Page 25 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. V Vote Record - Resolution RES-2014-120 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Mover D ? ? ? ? Supervisor's Appt James Dinizio Jr Voter El ? - ? ? ? Tax Receiver's Apto Wilharn P. Roland Voter 0 ? ? ? ? Rescinded Jill Doherty Seconder D ? ? ? ? Town Clerk's Apin Louisa P. Evans Voter 8 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2014-121 CATEGORY. Litigation DEPARTMENT.' Town Attorney Retain Frank Isler as Special Counsel in Savino Litigation 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 "Michael and Dana Savino v. Board of Trustees of the Town of Southold" under Index No. 13-33788. V Vote Record - Resolution RES-2014-121 21 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent January 14, 2014 Page 26 Southold Town Board Meeting ? Defeated Robert Ghosio Voter Rl ? ? - ? ? Tabled James Dinizio Jr Mover 0 ? ? - ? ? Withdrawn William P. Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott A. Russell Voter El ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2014-122 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT.• Town Clerk Postage Machine RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a lease agreement between Neopost NY/NJ mailing solutions in connection with the rental of their postage machine Model IN-70OWP30 for a term of sixty (60) months in the amount of $230.00 for the first twelve (12) months and $295.00 per month for the remainder of the lease period, all in accordance with the approval of the Town Attorney. V Vote Record - Resolution RES-2014-122 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - - ? Withdmwn Robert Ghosio Voter 0 ? ? ? ? Supervisor's Appt James Dinizio Jr Voter 0 ? ? ? ? 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 Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2014-123 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney January 14, 2014 Page 27 Southold Town Board Meeting NY Cooperative Liquid Assets Amendment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment dated as of March 14, 2014 to the New York Cooperative Liquid Assets Securities System Municipal Cooperation Agreement as amended and restated as of April 23, 2012, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2014-123 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn Robert Ghosio Voter D ? - ? ? ? Supervisor's Appt James Dinizio Jr Voter El ? ? ? ? Tax Receiver's Appt William P. Ruland Mover 21 ? ? ? ? Rescinded Jill Doherty Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Afar Scott A. Russell Voter El ? ? ? ? No Action ? Lost Supervisor Russell SUPERVISOR RUSSELL: Before we read that, I just want to make sure that everybody is completely clear. I had met with the Chairman of the Historic Preservation Commission and assured the Chairman that the Town Board will take no action on this hearing tonight. We were very anxious to have the Commission come before the Town Board at a work session to discuss the issues and to listen to any concerns that might arise from that. We think that a meeting of both Board's would be very productive meeting. We have actually reached out to the Chairman, we have had three meetings since. My understanding was research was still being conducted so the commission wasn't ready to come to the Board but I just want you all to know that we look forward to having that meeting. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:51 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Roland, 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 January 14, 2014 Page 28 Southold Town Board Meeting 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 17`x' 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 14th 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: and subjeet to rhap4er 1701, T.,,..7ma-r4. D«ese....,,tie fl 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 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, January 14, 2014 Page 29 Southold Town Board Meeting 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. 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 January 14, 2014 Page 30 Southold Town Board Meeting 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. 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 17`h day of December 2013, a Local Law entitled "A Local Law in relation to Amendments to Chanter 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 14th 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 Chanter 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: gild subjeet te 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 and subiect to the requirements of Chanter 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 Planning Board with a finding that potential impacts to any nearby historic January 14, 2014 Page 31 Southold Town Board Meeting landmarks or districts are miti ag ted. 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. Including the restriction that the land be commercially zoned as well as vacant, in the proposed January 14, 2014 Page 32 Southold Town Board Meeting 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. RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would ask anybody that would like to comment on this particular public hearing to please feel free. I would just ask and remind you to please state your name and hamlet you are from and if you are a representative of a town Board, Commission or Agency to please state that as well. Who would like to comment? Robert Harper ROBERT HARPER: My name is Robert Harper, I am from Mattituck. In interest of full disclosure, I am a member of the Southold Town Landmarks Preservation Commission, however, the views I am expressing tonight are not necessarily ones that reflect the views of the Commission. Our Town Board is proposing to put a cell phone tower in the heart of our beautiful, national historic district. To accomplish this, we would need to change our local laws, so you are simply changing the law to allow this eyesore to be shoehorned into one of our most historic sections of our town. Our laws were created to prevent this type of situation of occurring. To stray outside the laws in order to make them go away, is to believe these laws do not apply to you and that your viewpoint trumps the process. Putting a cell phone in the most visible location of our historic district is like painting a mustache on the Mona Lisa. What is next? Billboards on top of Brecknock Hall? Or painting Michelangelo's on Horton Point Lighthouse? Is this what you want to leave as your legacy for the Town of Southold. If this tower is constructed I personally will consider it the tallest monument to shortsightedness of everyone who votes for it. I thank you. SUPERVISOR RUSSELL: Who else would like to go? January 14, 2014 Page 33 Southold Town Board Meeting Adrienne Lynch,450 Youngs Ave.,Southold ADRIENNE LYNCH: Good evening, my name is Adrienne Lynch and I am a private citizen and taxpayer of Southold Town. I live on Youngs Avenue, in purportedly the oldest house in the Town of Southold. The Reverend Young's home, at 450 Youngs Avenue. And I have, I think two concerns about the proposed cell phone tower. The first is that I can't imagine coming around the corner into town past the two lovely churches and the American Legion hall and the first thing that I would see would be a 100 foot tall tower. I recently drove to Vermont with my husband for our anniversary in October, never having been there, thinking the drive would be beautiful. There are miles and miles of forests up there and every now and then you see the gigantic, I don't know how tall those are, but the pretend pine trees where they try to disguise these things with branches and whatever and the bottom line is, everybody knows what the heck these things are. And you know, you could stick branches on it, paint it sky blue, hang tinsel at Christmas, it is still going to look like what it is. Which is a pretty big industrial looking needle, poking right out behind Town Hall. So that is the first concern. I don't think it fits here. I love to use my cell phone but I would imagine there is somebody that maybe owns a private piece of land that a cell phone company can talk to and stick it in the middle of some woods or but not in the middle of lovely Southold Town. The second thing that concerns me, is the safety and the health of the three little people that I brought with me. They are my kids. And I know as of yet there is no documented proof that radio waves from cell phone towers cause any kind of public health risk but I also know that 60 or 70 years ago, people thought cigarette smoking was a dynamite thing to do. So its proximity to our two schools in Southold town concerns me. You have little people growing lots of new cells and on the outside chance that 50, 60, 70 years from now it comes to light that these are not great things to locate near young growing bodies, I don't think you guys would want to be on the wrong side of that discovery should it ever come to pass. So I am thinking, let's find another place for it if it needs to be. And I get it, that the town likes to look for revenue generating projects, I really do. It helps us all with taxes and the like but on the two main issues for me, it doesn't seem like a good idea but thanks for your time and good luck with the decision making. SUPERVISOR RUSSELL: Okay, thank you. I just, there is some, go ahead. I am sorry. No, there are just some issues and that is why the Town Board would very much like to speak to the Landmarks Preservation Commission, I think there is perhaps some misinformation that has been spread that is out there. First, I think it needs to be understood that there is going to have to be a cell tower in the hamlet of Southold, that is a foregone conclusion. There is a demonstrated need. We do not have the authority to stop the cell tower somewhere in the hamlet if there is a demonstrated need per FCC rules. The AT&T representatives that came to us a few years ago, asked us about locating a cell tower on the Southold site. They never came back with an application. They had actually gone out and tried to find or to meet the first priority of our cell tower code, which is to locate it within an existing structure. We know because two separate churches had contacted us. The churches had in fact decided against pursuing the cell tower arrangement. What they had done then was to suggest cell tower location just a few feet north of Town Hall, across the street on an industrial property. Southold Town, because of our code, reflects town sites as being a priority. They had come back to us and said if we would be interested again, they would like to pursue that. Now that is the discussion that we have had, it has been a public discussion, it has been a transparent discussion. We had a public discussion on January 14, 2014 Page 34 Southold Town Board Meeting this in February, it was carried by the local media. We put a resolution on the table in May, well publicized, well published. We held that resolution out for 30 days to seek public comment. So again, we are interested in hearing what everybody has to say but the proposed local law changes that are on the table will not erect a cell tower on that site. It merely removes a bar to having an application submitted. It is still required to go through a substantial amount of public review and again, you all should be part of that discussion. I believe ZBA relief is required, I believe a planning process, SEQRA, visual sight analysis, all of those things are burdens an applicant, AT&T would have to go through. It would be no different than any private applicant. The location of the site being on town property does not absolve them from any of those processes. Marie Dominici, Mattituck MARIE DOMENICI: Good evening, Marie Dominici, Mattituck. I have a bunch of questions here. First of all, would it be the cell company coming to us, asking us to do this? SUPERVISOR RUSSELL: They did a few years ago and then they had actually gone out to find alternative sites, meeting again, the first priority which would be locate in an existing structure, an existing building. There wasn't a building that could accommodate their need. Of the two, that did look at the issue, they decided against pursuing it. MS. DOMENICI: Alright but it is really the vendor coming to us saying we want to do this. It is not people calling you guys up saying where is our cell tower that we need to make our cell phones work. SUPERVISOR RUSSELL: When we had the public, when we set up the permissive referendum in May, we held it out for 30 days for public comment. We only got two comments. One the person wanted to know if it was going to cover Bayview and the second asked us if we can go talk to Verizon to get them on the pole. There is a demonstrated need and this is the problem, there is going to be a cell phone tower in this hamlet as I said, what the town looked at is the situation of at least if we are going to live with the auspices of a cell tower, to at least use it as a revenue source for the people of Southold Town, for all the taxpayers of Southold Town. But the principle issue here to understand is there is a demonstrated need, so it needs to go somewhere. MS. DOMENICI: But when you say a demonstrated need, you said only two people really commented on that, so where is the demonstrated, I mean, if this room were packed with pros and cons, you know, of people then I could understand that we have some real issues and concerns but really there is no one beating down the door saying you need to do this and at the very least, if we are going to have this cell tower, what about erecting it at the dump? SUPERVISOR RUSSELL: Okay, the problem is that the siting of cell towers is driven by technology. Where are the dead spots, where are the locations where you need them. I am not suggesting the transfer station wouldn't make a good site but it wouldn't meet the needs that are trying to be addressed by the cell tower. Jim Dinizio is something of an expert on this and I will defer to him on this but the sites that get selected are based on need. Now we have very limited ability to regulate cell towers because we are preempted in most cases by FCC regulations. They are federally regulated entity, so we have very limited opportunities to say, well, no, not here. We did have the opportunity to create town code with the understanding that since we are going January 14, 2014 Page 35 Southold Town Board Meeting to have to have cell towers anyway, at least try make it benefit the taxpayers of Southold town as best we could. MS. DOMENICI: So... SUPERVISOR RUSSELL: There is a tremendous demand from people who live around Bayview and other areas... COUNCILMAN DINIZIO: I will help you a little bit on this, the demonstrated need isn't from the people, okay, the need is demonstrated by the company itself. It has an obligation to meet a certain standard that the FCC has put forth. So they have to demonstrate the need in the area, then from there they take it. the reason why you can't put a cell tower, I think one person suggested at the police station to cover here but there is already one there, that one doesn't work here. You have to think of it as the rings for the Olympics, you know how they all kind of connect? Well that is it, a cell tower in the middle and then that little ring that you see, that is how far the signal will transmit and still be effective. So you have to build a network, some people call them mesh networks that will allow you to drive from point A to point B and still have a certain amount of signal. That is demonstrated electronically, mathematically. It is not, it doesn't change. An electron goes a certain distance, the signal goes a certain distance and then it loses it signal. You have to re-amplify it. So when you are talking about demonstrated need, it is not like we have people standing out saying my cell phone doesn't work, it is the company themselves demonstrating the need to fulfill their obligations. MS. DOMENICI: to make their revenues.... COUNCILMAN DINIZIO: No, it has nothing to do with revenue, it has to do with.... MS. DOMENINCI: You don't think so? COUNCILMAN DINIZIO: It has to do with serving the public need. The FCC.... MS. DOMENICI: But you don't have the public need standing here saying we have to have AT&T do this. COUNCILMAN DINIZIO: But that isn't the point. The law is not that, Marie. The law is that if you are going to have a cell network, you must build a cell network that will work. Okay? And the FCC sets those standards. The federal government tells us. we have very little that we can do, if they want to come in and they find a piece of land that they can put a tower, as a matter of fact, we can't even zone them out. Which is the reason why we got the law that we have now. and we have to allow them to give cell service at a certain serviceable level and they demonstrate that need. We don't. All they have to say is, this is what the FCC says, this is how we are going to do it, we need a tower in this location. Now it doesn't necessarily have to be behind town hall but it probably has to be within a mile of here. MS. DOMENICI: Well, if we look at Verizon, if you look at their maps as to how they cover the January 14, 2014 Page 36 Southold Town Board Meeting country, they cover, I don't have it with me... COUNCILMAN DINIZIO: Ma'am, t hose maps really, they are not accurate in any way. They are just colored dots on a map. MS. DOMENICI: Well, no but it takes over the whole northeast.... COUNCILMAN DINIZIO: If you drove the Town of Southold, okay, with your cellphone... MS. DOMENICI: Which I have. COUNCILMAN DINIZIO: And if you started on one antenna and you had five bars, you would drive, you would drive and go to four bars, it would go to three bars, it would go to two bars, then it would go back to two bars, then three, then to four, then to five because you are going from one cell site to the other. If you drive in Southold Town and I am talking about the village of Southold, it is usually two bars. Not much more than that. MS. DOMENICI: For all the providers? Or just AT&T? COUNCILMAN DINIZIO: Well, I don't know ma'am. They have got to demonstrate that need. We don't tell them what their need is, they tell us what the need is for their service to meet a certain quality. SUPERVISOR RUSSELL: Can I just, Marie, can I just clarify. There are two separate issues here, one is the demonstrated need. The FCC sets those standards and the applicant has more than exceeded its needs to meet the FCC standards. So they demonstrated need, based on federal guidelines which are already established. The issue I think, for many people, is whether locating it on the vacant property behind Town Hall is an appropriate location or not. That is the issue that I think we will need to address over the next several weeks. I know we have a couple of commissioners in the audience from the Landmarks Preservation Commission, Historic Preservation Commission tonight and would have urged them at any step in this process to engage themselves, their officers of this town government and they should feel like they can come to this Town Board, this Town Board has a very good working relationship with this commission over the years, we have been very attentive to their needs and responsive to the needs so they can serve their mission and I would simply ask them individually if you would please take us up on our offer and come to a work session and we can discuss the issues and maybe you can have a historical understanding of where we got. Also, maybe to clarify some misstatements that have been made out there, such as the town already has a signed contract. That is not true. what we have is a pending lease. That lease cannot be executed unless the applicant gets approval. And that is an if, if the applicant gets an approval. Because all this particular local law does is it simply removes the bar from the applying. The applicant still has to get through the same process any private applicant would have to get through. There would have to be visual site analysis, impact analysis. It all gets raised as part of the SEQRA process. MS. DOMENICI: Well, I mean, I know people who have Verizon versus people who have January 14, 2014 Page 37 Southold Town Board Meeting AT&T and Verizon does provide a much better service. Having said that, could there not be some cell tower consolidation? SUPERVISOR RUSSELL: That is exactly what we are.... MS. DOMENICI: Rather than put another site up. So I think we have right now, correct me if I am wrong, I think we have 14 cell towers in the Town of Southold. So if indeed Verizon is providing a service that AT&T currently is not, if they can just go to Verizon's tower and share that tower. SUPERVISOR RUSSELL: Co-location is common on the cell towers that exist in Southold Town. Co-location of different carriers. In fact, we anticipate co-location of different carriers on the cell tower site. That is common. The problem is that the cell towers aren't always where you need them. Whether you are Verizon or AT&T or Sprint, if they are still in business, I don't know but that is the cell towers, again, that is part of the needs assessment that gets presented by the applicant and that is the FCC standard that they have to meet. MS. DOMENICI: Well, aside from what I just mentioned, I think the biggest concern is the electro-magnetic field that is generated from the cell tower, okay. And I am very curious because if you look at the police department, in Peconic, they have that cell tower adjacent to the building, I would love to be able to review what is going on there health wise for people because children exposed to emf can get leukemia, there are so many studies and things about, that have been done about emf and health issues that I can't even, there is not enough time in the night for me to sit here and read them and it has been done in every country, New Zealand, Australia, France, Israel, the UK, Germany and they all talk about proximity to towers and emf exposure. It is not in the best interests of this Town Board to put something in the backyard. SUPERVISOR RUSSELL: Okay, I remember when we amended the code a few years ago, you had come up and raised those same issues. MS. DOMENINCI: Right. SUPERVISOR RUSSELL: and unfortunately, we have to give you the same answer. We are not allowed to factor those decisions into the, that is a FCC, we are preempted. There was a concern a few years ago to ban cell towers in town, we simply don't have that right under the law. The issue is, a cell tower is going to be located in the hamlet of Southold. Somewhere within this small wonderful hamlet. The Town Board's vision was, if we are going to have to live with it at the very least try to extend the benefit to as many taxpayers as possible, because it is a revenue source. But the first driving force of this is the demonstrated need by the applicant. MS. DOMENICI: But at the end of the day, if you put people in harms way, that is, it is not a good thing for this town, okay? COUNCILMAN DINIZIO: The federal government has already set that standard ma'am.... January 14, 2014 Page 38 Southold Town Board Meeting MS. DOMENICI: You know what? Let me just say this.... COUNCILMAN DINIZIO: Unless you want to sue them. You know, you probably could sue them. But the federal government already tells us, Marie, what that standard is. MS. DOMENICI: I understand that... COUNCILMAN DINIZIO: And we must follow that, it is as simple as that. MS. DOMENICI: Let me just say this, all of the agencies that are governing us, whether it is the EPC, the DEC, the FDA, the Department of Health whatever, when they give us the amounts of things that we are allowed to ingest, you are allowed to have this much arsenic in your water. But you know what kind of water is really better? No arsenic. SUPERVISOR RUSSELL: The proposal is not to introduce a cell tower to the hamlet of Southold, the proposal is to simply guide the location of the cell tower that is imminent; onto a town asset so that we could at the very least generate revenue for the taxpayers. We also have other emergency needs, again, I would strongly recommend the commissioner members come in and talk to us because there is a larger picture here that needs to be considered. But again, we always have been willing and accommodating to the input and the insertions of the Historic Preservation Commission. MS. DOMENICI: Okay, and is there going to be a fall zone? SUPERVISOR RUSSELL: Those are all issues that I think would be, I believe as part of any ZBA decision and of course, the site plan process. MS. DOMENICI: Because when I was chairwoman for the Renewable Energy Committee and we were working on the agricultural wind code, I mean the biggest thing that was on everyone's mind was that there had to be a fall zone. SUPERVISOR RUSSELL: Right. MS. DOMENICI: Interestingly enough, I mean, it had to be a minimum of seven acres, so there was really no real cause for concern because it is going to be on a, you know, good plot of property and the fall zone really was a moot point at this point. But when we erect flag poles or we do cell towers, there doesn't seem to be an issue. I mean, there is a cell tower that looks like a flag pole in Mattituck and if that ever fell, it is going to go right on 48 and the cell tower attached to the police department, I mean, seriously. And again, I would be very interested to know what kind of health issues may or may not exist there. And you may want to check that out for yourselves and you may or may not want to disclose that but I think it is worth investigating. But at the end of the when someone says we can't take health issues as a concern that bothers me and let me just say, anytime a cell company decides that they want to come in and you know, use up our beautiful properties here, does that mean we just have to succumb to that and let us become cell tower city? Change our name from Southold. January 14, 2014 Page 39 Southold Town Board Meeting SUPERVISOR RUSSELL: The problem is actually the FCC standard and they are on the current practices, they are actually removing more and more authority from local jurisdictions each and every day, that is there, in fact, we were just given a release by the FCC, they are making it clear down the road that they are trying to remove local zoning authority over cell towers. That is their role as an FCC, as appropriate or inappropriate as it might be, what the town has is at the very least a limited opportunity from time to time to say you know what? it is going to address the need, those needs have been demonstrated based on FCC standards but at the very least maybe there is some common benefit to the taxpayers. MS. DOMENICI: Okay, and what would be the revenue source from AT&T? SUPERVISOR RUSSELL: Those would be ground leases from AT&T and then co-locations. If we can, it depends on how many carriers we can get on site. I can tell you that two towers that we have down at the police station produce about $155,000 annually in revenue. I don't suspect the revenue would be as great on this one tower but we are again, evaluating the market now. I know that the ground lease for the one specific carrier would be $24,000 and there is an understanding that this isn't, as a sole proprietorship he doesn't have, the applicant doesn't have the right to utilize the tower for themselves, they must accommodate other carriers. MS. DOMENICI: Okay. So maybe I should consider putting a cell tower in my backyard, I could use a little extra income. COUNCILMAN DINIZIO: Our law wouldn't permit that, Marie. SUPERVISOR RUSSELL: Yes. MS. DOMENICI: I can't do that? Okay. Well, I just want to go on record as opposing this cell tower. Okay? Thank you so much for your time. Catherine Harper CATHERINE HARPER: Catherine Harper, Mattituck. I address this Board as one who has been nationally distinguished as a recipient of the American teacher award, as a contributing author of a book on excellence in education and an educator who has served the public school system for 33 years. In other words, throughout my career, I have demonstrated the extent to which I care about children and it is exactly this concern which impels me to address the Board about constructing the cell tower so close to a Southold school. Now, I don't know what you have been told about the direct connection between cell tower RF radiation and increased cancer risks in children. I don't know if you have been told to quote the standard rationale, that the research is inconclusive but I do know that you owe it to every student in the Southold schools to speak to the teachers, the parents and the children of the Bayville elementary school. Bayville, north shore Nassau county, where cell phone antennas were constructed near the school. You owe it to our Southold students to speak to the little boy from Bayville who underwent 102 weeks of chemo before his leukemia finally went into remission. You need to speak with the child who was recently diagnosed with the brain tumor the likes of which doctors have never seen and you need to speak to these children and their similarly disease stricken classmates and January 14, 2014 Page 40 Southold Town Board Meeting then you need to ask the parents of the three students who died of leukemia about the inconclusiveness of cell tower research. I am not opposed to a cell tower, I am opposed to this proposed location. Surrounded by a very vulnerable population. And I am not opposed to a cell phone tower that will fill the town's coffers every month with several thousand dollars, but what price is worth gambling with our children's health? Ann Surchin ANN SURCHIN: My name is Ann Surchin, I am also a member of the Landmarks Preservation Commission. My views are my own and as you well know, we have not come to a consensus on the commission at this point but I am going to talk about the landmarks aspect of this and then I will probably meander off into a few other things. People buy international register historic districts because they believe it affords them a level of protection in terms of maintaining the aesthetics of their neighborhood as well as their property values. Unfortunately, it is also a well- known fact that when cell towers go into residential neighborhoods, property values diminish. Unlike other places on other national register historic districts, ours is pluralistic in terms of its architectural styles as its timeline dovetails with that of the township. It is an exceptional district and truly authentic. This cell tower however, will be a defilement of our national register district, no matter how you try to justify its existence here with all its appurtenances. This daunting structure will be a gargantuan abscess on the face of the much admired and genteel place. The amendment is an attempt to circumvent our landmarks legislation, it is a pure and simple ploy to target the one and only vacant town owned parcel in the hamlet for the suited purpose that would never be allowed for a private party. Consequently, this is a perfect example of spot zoning at its very worse. Not only will it create a disincentive for the establishment for future historic districts, this amendment would set a terrible precedent for the future of landmarks preservation in the township. On a practical note, I want better cell phone usage. I think I am like everybody else in the room. But I am not going to get into it now, I was but you have already talked about some of the practical realities that will have to be evaluated you know, fall zone, will it be big enough to, the site itself, to hold all the equipment needed especially if other towers glom onto it. Will you have to merge these properties adjacent to the building here and but I am concerned about in terms of fall zones and this has been written about in town codes, that they are not supposed to go where people congregate and certainly outside of a town board room, a court room, a town hall, that is where people congregate, so that is a concern of mine as an architect. And so I don't know what the height is but usually a fall zone is twice the height of the tower itself. I have to say that what really sticks in my craw is the cynicism of proposing such a thing in this place of all places for revenue generation. It may in fact destroy the goose that laid the golden egg; our very remarkable sense of place. As Oscar Wilde said, the cynic is a man who knows the price of everything and the value of nothing. Our district provides Southold with intangibles that are absolutely priceless. Now not to be totally negative here, I was wondering and just going to throw something out as an aside, maybe it is too far away from Cedar Beach but we have dead zones up near the Sound too and what about the 60 acre Bittner property off of 48? The town owns that. SUPERVISOR RUSSELL: Yes, that is actually unfortunately, the town's share of that was bought I think as a join purchase with Suffolk County if I am not mistaken. Suffolk County? Our share was bought with community preservation funds. There is no provision in the community preservation law to let us alienate land for exclusive use for CPF funds. January 14, 2014 Page 41 Southold Town Board Meeting MS. SURCHIN: Oh. Would it be possible to even approach them.... SUPERVISOR RUSSELL: You know, we have been looking for siting in that area because it is a dead zone. We have been unable to find a site that we can simply use. But we are well aware of the dead zones in the community. We discuss it on a regular basis through emergency management operations. We are aware of those locations, we have one up in the northerly section of Mattituck up in the hills, we are aware of those locations and you know, we are trying to fill those needs as best we can. Also I just want to reemphasize the fact that the town didn't go into this for a revenue generating source, we recognized that the need had been demonstrated by the applicant and that it was going to go somewhere in the hamlet of Southold. The backup site or the site prior to coming to us was simply across the street from here. Now any impacts on the historic district will be evaluated as part of a very public SEQRA process. And I would urge you all to engage yourselves in that process. MS. SURCHIN: Oh, we will. SUPERVISOR RUSSELL: But this is a discussion that the Town has had since last February and I would have welcomed this opportunity at any time to bring these issues to us. As a commission member I would encourage you to say, you know what, I want to come to the Town Board work session and discuss these issues. The town is always open and amenable to that, like I said I have offered that invitation to your chair. You know, to be candid, I think recently the commission or many of the members of the commission are operating in a manner that hasn't, we have never envisioned. You are an officer of Southold Town. You are not an outsider looking in. You are an insider looking in and you need to participate in the process. We have been public, all the agendas.... MS. SURCHIN: But you know, I have to tell you, it was publicized. Not everybody reads the small print of the local legal notices in the newspaper. SUPERVISOR RUSSELL: But you have a liaison that is supposed to bring this information to you. He was given the agenda in February and again in May and if he didn't, fine, the application comes in and then he brings it to you attention. But it is not too late to discuss it. that is what we need to do but we are more than happy to do that. MS. SURCHIN: Believe me, if I had known about it then, I would have been at every discussion. SUPERVISOR RUSSELL: The Suffolk Times covered it quite amply. But again, we are always happy to listen to any of the concerns of any of the Boards of town government. MS. SURCHIN: One other thing, I did have a discussion today with the secretary of the fire department over here and they have T Mobile on the fire department and but it is their board that doesn't want anything else glommed onto that one tower and because they don't want the back of their site to look untidy. Because of all the equipment and you know, I understand that but January 14, 2014 Page 42 Southold Town Board Meeting you know, it's another town location that maybe could be used. You know, this is very interesting to me because the FCC has taken on what appears to be almost like a dictatorship to municipalities. And this is kind of like an arranged marriage. You know it is something that maybe people, they don't necessarily want, they want to be able to pick and it is kind of mind boggling to me to hear this because you know, we want better cell phone coverage but not at the price of health and not at the price of the integrity of our community. SUPERVISOR RUSSELL: I would agree but you know the FCC is, they are a creature of advancing their goals. Their goals are to expand communication throughout this country. They are very much like the FAA, the FAA would love to see more helicopter flights in and out of East Hampton every summer but that is not in the interest of Southold Town. In this instance, you know, like I said time and time again, a cell tower because of the demonstrated need is going to be located somewhere in this wonderful hamlet. The town, the need was the first to meet that need to meet that goal. The serendipitous benefit was that saying at least if we located it on a town site, we could probably at least spread the burdens out that we all have to live with in the form of revenue. But it's not like the town said we have got an empty piece of property, we want to go out and figure out how to make money on that. That is not what happened at all. They approached us, again, after looking at the site right behind town hall which is an industrial property just to the north of Traveler Street. MS. SURCHIN: Well, I just think it is very unfortunate for the historic district and if you can find a site someplace else, we are more than happy to help you with that search. SUPERVISOR RUSSELL: And I assure you it is sincere when I say we would like to include everybody in this process that goes forward but it is a very public process that will go forward. This proposal does not guarantee a cell tower on that property. What is does is it simply removes that bar so the application can go forward and all those other things come to play. SEQRA is a very important component. UNIDENTIFIED: What happens if (inaudible) SUPERVISOR RUSSELL: No, they will probably locate on a parcel that is just a little bit to the north of this site which is just a few feet away. I can't speculate as to whether they can come to terms with the owner there but they will find another location within this hamlet of Southold. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am going to have to ask you to come up because we transcribe these and if you speak from the audience we can't hear you. MS. SURCHIN: I have one more question. SUPERVISOR RUSSELL: Sure. January 14, 2014 Page 43 Southold Town Board Meeting MS. SURCHIN: There is at the very end of this, I guess it is section D of the proposed code that is going to go under the aegis of the Planning Board and that you know, if there is anything that I guess somehow harms the character of historic buildings, that there would be mitigation. What would, how would you define that mitigation? What is that mitigation? What could that be? SUPERVISOR RUSSELL: That is part of the SEQRA process and in fact if the SEQRA process reveals that the impacts can't be mitigated, they, you know, that is part of this process and it is a public process. You get to submit your concerns as part of the SEQRA process. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I am sorry, I didn't hear that. We have no intention of making anything look like a tree. And incidentally, the proposal would be for one cell pole. It is not going to be, if various tenants come in they would have to be located on that same pole. It is not going to be a farm of cell poles. In fact, technologically that wouldn't be possible. Fran Sladkus, Laurel FRAN SLADKUS: Fran Sladkus, I am from Laurel. The thing I was trying to say was, I understand from what you just said to me Mr. Russell that if we don't allow them to build on, let's say this piece of property north of Town Hall on town land, they will go and find a piece of private property and put it up. SUPERVISOR RUSSELL: Yes. MS. SLADKUS: And then we will have nothing to say about that because it is private property, except as far as the Zoning Board is concerned. SUPERVISOR RUSSELL: The process would still be the same. They would have to go through the Zoning Board of Appeals process, the site plan process, the SEQRA process. MS. SLADKUS: right. So the thing is that your, I am trying to understand why you think this is a good idea. So now I am beginning to get the picture, that they are going to put it somewhere.... SUPERVISOR RUSSELL: Right. MS. SLADKUS: And the idea is that if the Town Board controls where they put it, we will at least have some income for the town. SUPERVISOR RUSSELL: There would be a rental... MS. SLADKUS: Because if they don't put it on that piece they will go put it on the piece that belongs to somebody else and we will get no benefit. SUPERVISOR RUSSELL: Right. There are other benefits too but.... January 14, 2014 Page 44 Southold Town Board Meeting MS. SLADKUS: What happens if the people of the town really get cranky about some private person putting this up on their property? SUPERVISOR RUSSELL: It would, there would have to be awfully justifiable and compelling case to stop it. Again, the FCC is very protective of its mission to expand communications throughout this country. Jim can probably speak better to this issue, in fact, as a ZBA member he probably had a couple of applications for cell towers before him and he could probably speak to those issues better. COUNCILMAN DINIZIO: I probably listened to about 10 or 12 applications. MS. SLADKUS: I am sure. It is apparent to me that it is going to happen no matter what. I mean that is essentially what you are saying. COUNCILMAN DINIZIO: Right. MS. SLADKUS: It is the where that is the issue. COUNCILMAN DINIZIO: And the where doesn't really make too much difference to the company itself, it doesn't make a difference whether they have it here behind us or 50 feet to the west, to the north. MS. SLADKUS: Right. COUNCILMAN DINIZIO: That is not going to make that much difference. They have an obligation under federal law, under their license to provide a service in a reliable manner and they tend to do that and they every right to do that according to federal law. I am sorry they, they have gotten prettier. They used to be, I mean, they used to be lattice work towers and now they are at least poles.... MS. SLADKUS: They got prettier? Is that a joke? COUNCILMAN DINIZIO: No, no. SUPERVISOR RUSSELL: They have gotten less unsightly is another way of putting it. MS. SLADKUS: I get it. I mean, they are what they are. SUPERVISOR RUSSELL: right. COUNCILMAN DINIZIO: I used to work with Cablevision, so we had lattice work towers and guy towers and at least now they look more like a cigarette sticking out of the ground. It is not as bad... January 14, 2014 Page 45 Southold Town Board Meeting MS. SLADKUS: And more importantly, as you can see, I am pretty worried about what comes out of those towers, right by the school. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this issue? Carol Birch, Youngs Ave.,Southold CAROL BIRCH: My name is Carol Birch, I live on Youngs Avenue. I don't understand what you were saying about the range. The tower by the police station does not extend this far? Is that.... COUNCILMAN DINIZIO: Yes. That is correct. MS. BIRCH: So how far would the tower (inaudible)... COUNCILMAN DINIZIO: Ideally, like I said, if you think of the Olympic symbol with the circles.... MS. BIRCH: I understand that. COUNCILMAN DINIZIO: Ideally I think it would be 6 miles apart. So you get three miles of what they call area of dominant influence of the signal, you get three miles from the center of that circle and then you have to start, you know, in the best case you would want to pick it up after that. So you can't put a huge tower, no matter how high you go in the middle of Southold, it is not going to feed the entire town of Southold. You have got to be within three miles of that or six miles, they are six miles apart. Or something like that. MS. BIRCH: Okay. Thank you. And my second question is, when you amend this law, will that include the height of the tower? I heard somewhere it is going to be approximately 100 feet? Will the FCC insist that it be 150 feet? Or 200 feet or 300 feet? SUPERVISOR RUSSELL: To date? No, they don't. In fact, it would be the Zoning Board of Appeals that would determine, I believe 80 feet is the current max. is that right? COUNCILMAN DINIZIO: Yes. SUPERVISOR RUSSELL: But in order to exceed that they would need relief from the Zoning Board of Appeals, among other things. This code amendment does not dictate height. MS. BIRCH: Would it be a good idea to dictate height? COUNCILWOMAN DOHERTY: That is a separate section of the code. COUNCILMAN DINIZIO: The federal government encourages them to co-locate and in order to co-locate, the lowest antenna can be 80 feet and then you go in maybe 20 feet increments to mount your next antenna. So if you have an 80 foot tower, you have Verizon on the bottom or AT&T or whoever it is and someone comes along and wants to co-locate on that tower they are January 14, 2014 Page 46 Southold Town Board Meeting going to increase the height of that tower by 20 feet and put another antenna. AT&T, whoever has the primary, they are going to be on the top because height is might to a certain extent. So if you get three people, they can go up to three on the tower, you are going to go up to 120 tower. MS. BIRCH: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Marie? Of course. Marie Dominici MS. DOMENICI: I just want to leave this, this is about health. SUPERVISOR RUSSELL: Of course. Would anybody else like to address the Town Board on this particular local law? Yes, please George. George Aldcroft, Peconic GEORGE ALDCROFT: George Aldcroft, Peconic. I was originally going to talk about the towers but as you begin talking about the health issues, I guess I have some questions about if they have to be every six feet or six miles apart. How many do we end up in town? Has anything ever been done or maybe we need to do a little research on the health issues that might be caused and I know that, and also you are going to a meeting in New York City with other, I am not quite sure? SUPERVISOR RUSSELL: Actually, I am not attending. The annual Association of Towns where they talk about a host of issues facing municipalities. MR. ALDCROFT: So could that possibly be something that might be discussed or maybe possibly be raised at that meeting? SUPERVISOR RUSSELL: Well, we have researched and ironically, we are probably one of the last towns on Long Island to pass a cell tower code that requires as a priority locating on town property which is what we did a few years ago. MR. ALDCROFT: Well, like I just said, are they also concerned about health issues? Is this something, we all use cell phones now, we have gotten into it, but it is just like we are trying to deal with what are they putting in the food we are now eating that is affecting us that, you know, we are trying to get organic food and things. Is there something with the towers that we also need to be concerned about? I had never thought about the issues that were talked about today. SUPERVISOR RUSSELL: Many, many groups raise that issue on a regular basis. The FCC is the arbiter of those points and it is, again, a federal issue. MR. ALDCROFT: But is it something that when the people attend that meeting they may want to start raising that issue more beginning to see if we can do more research or find out more about the issue. In the United States, to see what affect this is having on our population. And especially for our young kids. I mean, we are at a certain age that I am not going to experiencing January 14, 2014 Page 47 Southold Town Board Meeting it for my whole life, they are going to start at a very young age and begin experiencing this. And it seems like it would be something, if they are planning them every six miles in every town in this country or every place that this is an issue, that maybe this needs to be looked at. SUPERVISOR RUSSELL: I would agree. I just do want to speak to the issue of town locations, they are not necessarily specific to this site but there was an emergency needs calculation in this. One of the things we found after the Sandy event, was the lack of reliable cell service. Most cell towers have a battery backup that might last a day or two. So many people are dependent on their devices that we were offering town hall as a charging station but again, the cell service, the coverage just wasn't there. We are not allowed, when we looked at this, in fact, I met with John Kamen and supervisor's from Long Island to develop legislation that would require any cell tower that comes into a community, that they be required to have backup generation for at least a two week period. That way we are assured that the cell towers would be up and functioning even after we lost the electric. We were preempted by the FCC from requiring that. However, as the lease hold party, as the owner of the site, we can require that as a term of the lease. And that is exactly what we have asked for in this instance. And if we end up locating cell towers at other town locations, we are going to ask for that same requirement. That would at least, to some extent, provide better cell coverage after those catastrophic events. So there are a lot of other decisions that went into this. We didn't go into this lightly. No, we didn't go into this to grab money for the revenue, as a practical matter, we are not making the money, the taxpayers are and that is what, we are trying to do a cost benefit analysis on behalf of the taxpayers. Would anybody else like to address the Town Board on this particular local law? We will get to the public comment as soon as we can close. Oh, I am sorry, we are going to table because I assured Jim Grathwohl, we are not going to take any action tonight because we do want to hear from the Commission. COUNCILMAN DINIZIO: Can I just comment? The last cell tower that I was part of was East Marion and I know that the ZBA has testimony from their engineers, I think it was Verizon at the time, concerning the strength of that signal and how that compares to electrical line problems, EMF, which is, by magnitudes an electric line is so much more changing of the magnetic fields than a cell phone, which by the way, this transmits as much power as the tower does. It is not like it's a huge amount of signal. It doesn't need it. This just needs to see the tower, the tower needs to see it. There is not a lot. And I would venture to say that the farther you are away from a tower, the more energy this produces because it is trying to find that tower. So think about all those kids in that school over there who have two bars, okay, with it right next to their heart. You are worried about their health, you had better start worrying now okay? I personally, worked in the industry, I worked at Cablevision for a number of years, I held an FCC license. I am perfectly comfortable with it. I worked around it all my life.... SUPERVISOR RUSSELL: And I will personally go home and remove the i-phone from my daughter's hands and tell her Jim Dinizio told me to. COUNCILMAN DINIZIO: I said nothing. I am sitting here wondering. January 14, 2014 Page 48 Southold Town Board Meeting SUPERVISOR RUSSELL: Is there any other comment? Like I said, we are going to table it and there will be an opportunity in two weeks. Closing Comments Supervsior Russell SUPERVISOR RUSSELL: Okay, what I would like to do now is invite anybody that would like to address the Town Board on any issue to please feel free? (No comment) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:30 P.M. Eliz eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell