HomeMy WebLinkAboutTB-06/02/1987 1 5 4 JUNE 2, 1987
SOUTHOLD TOWN BOARD
JUNE 2, 198T
EXECUTIVE SESSION 9:00 A.M-.
Present: Supervisor Francis 'J. Murphy, Justice Raymond W. Edwards, Councilman
Paul Stoutenburgh, Councilman James A. Schondebare, Councilwoman Jean W. Cochran,
Councilman George L. Penny IV', Town Clerk Judith T. Terry, Francis'-J. Yakaboski,.'
Of Counsel to the Town Attorney.
The Board met with Richard F. Lark, foxmer_ 5pe:cial' Attorney, for his report on
pending 'litigati-6K.and personnel matters.
10:25,A.M. - Peter .Danowski, '.Esq. _and Charles Bowman, Consultant, met with
the Board to discuss a new .proposal for the development of the Sage property
by the new owners, Harborview' Realty, .Inc. The previous owners had r,ecei'ved.
cluster approval for this 'property. Mr. Danowski was advised he should be' -meet-
ing with the Planning. Board on this matter.
10:40 A.M. - William F.. Mullen, Jr. , Insurance Consultant, engaged by the Town
to review the. Town's General Insurance Program, reviewed �in'detail his 'May 18th
report. It appeared that Mr. Mullen's proposal. for the review, and the results
of his 'study, would save the Town several thousands of'dollars if 'implemented.
The Board accepted the report and authorized payment for his 'services (see
resolution no. -19).
11 :40 A.M. - Town Trustee President Henry P. Smith, and John Hansen, appeared
before the. Board to request .that Wunneweta Pond, Cutchogue be put on the dredging
priority list.•" Dr. Hansen stated there are 30 'residents on Wunneweta Pond and
the proposed cost to dredge this *year is '$14,000.' Mr. Smith said the Trustee
fully support this proposal. William Mullen, who as present during this 'discussion,
a, resident on. the. Lagoon, stated the residents had just paid' $60,'000to have it 'dredged
and 'bulkheaded, and there are only 16 homes around the Lagoon. He requested.
consideration for the. Lagoon to be. included in�the priority list. John Guildi, 'Suffolk
County Department of Public'Works, Division of Waterways, will' be asked to come
out and conduct a survey of those areas. DEC 8 Corps of Engineers permits
have already been obtained by the Wunneweta Pond Association.
11:50 A.M. - Town Planner Valerie'Scopaz met with the Board to discuss her analysis '
of the engineering services:.proposals. She recommended to the Board that cost-
wise an in=house employee would be the .inos�t economical olution. The Board will'
research.the method of hi ring 'such a person. ..I n' a. discussion concerning the
appointment of a Local Waterfront Revitalization Program Advisory Committee, Ms.
Scopaz 'recommended a five-member committee as being 9-most workable solution.
12:20c .M. - Recess for•: lunch.
1 :'40'. P.M. Work Session reconvened, and the. Board reviewed For Discussion .Items:
(.t): Expiration of the term of Frank: Bear., Chairman of the Water .Advisory Committee._
Board agreed to reappoint for another five' years (see resolution, no. 20). (2a) Inter-
view of applicant for part-time. Custodian position will' be arranged by Supervisor'
Murphy. '(2b) Local Waterfront Revitalization Program- Advisory Committee resumes
have been received,. but Board wishes Town Clerk to send a notice to all those
individuals who received the draft to determine their'interest. (3) Discussion
relative to amount to be deposited with the Town in lieu of land for park and play-
ground in� the subdivision of Oregon Heights (see resolution no. 21) . (4) Copy
of a resolution."'from the Town of. Shelter Island in' support of .-Striped Bass. fishery
legislation proposed in' Assembly bill no. 6278. Board does not wish to act until
they have a copy of the bill. (5) Resolution in' support.. of the creation of a Suffolk
County Resource Recovery Agency (see resolution no.. 22) . (6) Resolution in' support
of the creation of the Suffolk County Pine Barrens Wilderness and. Water Protection
Preserve (see resolution no. . 23) . 1 (7) Letter from Norman Nosenchuck, NYS-DEC
concerning possible. NYS Environmental Quality Bond Act grant assistance for a
Town of Southold Resource Recovery Project. 'Supervisor Murphy and Gary Loesch,
-H2M group, along with Dr. Eliot Epstein'of E E 'A Environmental Consultants,- ]
n c ,
JUNE 2, 1987 15 5
to travel to Albany to meet with Mr.. Nosenchuck.,:!(see resolution no. 24) . (8) Letter
from the Southold Fire Department discontinuing their'lease with the Town for the
parking field in' the rear of the fire district property, d.ue to increased use of
the parking area, plus the increase in' frequency of emergency and fire alarms
which has caused concern that a serious accident- may occur. '(9) Proposal from
Ueac Corp. to review Town's Lilco _bills for possible overcharges; they to share
-50/50 in" any. recovery obtained on the Town's behalf. : (1.0) Engineer services
proposals - discussed at 11 :50 A.M. with. Town Planner Scopaz.' (11) Letter from
Ethe C. -Schroeder filing a formal complaint against presumable. violators of the
Town Zoning I'aw. Letter to be referred to the Building Department. (12) 'Discussion-,
of the Water Advisory Committee's proposal for a Water Management Program with
WAC Chairman Frank. Bear. Board accepted the proposal" (see .resolution no.. 26)
?nd referred same to the Planning Board for implementation by Planner 5copaz.
(13)" Receipt of a proposed Change Order from Architect Garrett A. Strang with
regard to additional concrete curbing at the Dog Pound. Councilman Penny assured
the Board this is 'not necessary. (14) Code Committee recommendations for proposed
Local Laws concerning Crab Pots, Political Advertising, Seasonal Non-Resident Beach
Permit.' Increase in Peddling Permit Fee, referred to. Attorney Frank Yakaboski
for drafting. Discussion relative to proposed Buildings-Design of ExteridO.-Appearance
will be held until 'Councilman Schondebare, Chairman of.the Code -Committee, meets
with Mr. Yakaboski to review. (15) Djscussion relative to amount to be deposited
with the Town in' lieu of land for park and playground in' the -subdivision of
"Papadopoulos and Maragos" (see resolution no. 27) (16) Proposal to appoint
Michael Caprise' to the position of Scale. Operator (see resolution no. 28) . (17)
Discussion relative to setting salary for Venetia 'McKeighan, Director of Senior Services,
and the creation of the position of Assistant Director of Senior Services and the
appointment of Marie Helinski:' (see. resolutions 29a 8 29b) . (18), Suggestion of
Councilwoman Cochran that the services of Architect Robert Brown be engaged
to prepare working drawings for an emergency exit for the Accounting E Finance
Department (see resolution no. 30).
EXECUTIVE SESSON
4:45 P.M. - The Board met with Executive Administrator Victor Lessard to discuss.
possible litigation.
5:00 P.M. -. Board audited -outstanding. vouchers.
5:25 P.M. - .Work Session adjourned.
REGULAR MEETING
7:30 P.M.
A Regular Meeting of the .Southold Town Board was held on Tuesday, June
2, 1987, at the Southold Town Hall, Main Road, Southold, New York. Supervisor
Murphy opened the meeting at 7: 30 P.M. with. the Pledge of Allegiance to the Flag.
Present: Supervisor Francis 'J. Murphy
Justice Raymond W. Edwards
Councilman Paul Stoutenburgh
Councilman James A. Schondebar-e.
Councilwoman Jean W. Cochran
Councilman -George L. Penny IV
Town Clerk Judith T. Terry
SURERVI:SOR: MURPHYr 'A. will' officially call this 'Town Board meeting to .order and
thank yoia 'all for coming out this evening. The first order of business is 'a resolution
approving the audit 'of the bills of June 2nd, 1987.
15 6 JUNE 2, 1.987
Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED that the following audited bills be and hereby are ordered paid'. General
Fund Whole Town bills in' the amount of $20,034. 88; General Fund Part Town. bills
in' the amount of $7,916.53; .Highway Department bills in' the amount of $75,332. 92;
Fishers Island Ferry District bills in' the amount of $27,548. 39; Southold Scavenger
Wastewater District bills in the amount of $14,538. 0.1; Compactor-Tractor. Bond
Anticipation. Note bilt"in'the -amount'of $785.-00; Fishers Island Sewer District bills .
in the amount of $49.56.
Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And next is 'a resolution approving the Town Board) •Imin��±e�
of our regular meeting of May 19th, '1987'.
Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'w.as
RESOLVED that the minutes of the Regular Southold Town Board Meeting held on
May&'19,' '1987' be and hereby are.approved.
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, .Council
man Schondebare, Councilman.-Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared. duly.:ADOPTED.
SUPERVISOR MURPHY: . Next is 'a resolution setting the next meeting for June
16th, .:1987, 7:30 P.M., Southold Town Hall. I offer that resolution.
Moved by Supervisor Murphy, seconded by Councilman.Penny, it 'was
RESOLVED that the next. Regular Meeting of the Southold Town Board will -be held
at 1:30 P.M., .Tuesday, June 16, 1987 at the Southold Town Hall, Main Road, Southold,
New York.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare,- Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED. -
SUPERVISOR MURPHY: . Okay, at. this 'time we have a special' proclamation, 'and
-_ that is 'proclaim!rig the week of June 7th through 13th, 1987 as Safe Boating Week
in'the. Town of Southold. I'd like to ask Ed. Nelson from the Power' Squadron to
come up as I read the proclamation for him'.
Moved ^by Supervisor Murphy,. seconded by the Entire Town Board,
WHEREAS.,. the .Town Board of the Town of Southold-..wishes to recognize' the many
public services provided by the Peconic'Bay Power Squadron, Inc. ; and
WHEREAS, the Peconic Bay Power Squadron, Inc. sponsors semi-annual free boating
classes to all age groups, therefore ensuring that basic'skills and seamanship' are
instilled in'the- mids of boat operations; and.
WHEREAS, 'Jun-e-7 through 13, '1987 is "Safe Boating Week";.. now, therefore, be it
RESOLVED .that- the Town Board of the Town of Southold hereby. proclaims the .
week of June 7 through 13, '1987.: SAFE BOATING WEEK in' the Town of Southold,
to bring about an increased public awareness that safe boating is 'no accide.
Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran,
Council anSchondebare, Councilman Stoutenburgh, J Usti ce 'Edwards, Supervisor
Murphy. This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Ed, I .would like to thank you. and your organization
really for doing a great job over the many, years, and we never know, really, how
many people you really helped and saved from serious injury by your courses.
think its great and we appreciate it. Thank you, on behalf of the entire Town
Board, thank you and your group.
ED-NELSON : Our pleasure.
. ' REPORTS.
SUPERVISOR MURPHY: Okay, moving on to our first it on the agenda are Reports.
These are all on file in'the Town Clerk's Office for anyone wanting to know about
them.
1. Supervisor's Annual Budget Report -or 1986.. - --
2. - Building Department's monthly report for May '1987.
3. Town Clerk's monthly report for May '1987'.
. 4. Recreation Department's monthly report for May 1987.
S. Town Justice Edwards - moirithly report for May 1987'.
6. CbUncilmen's Reports. At this 'time 1'd like to ask the Councilmen. if '
they have anything special to report, starting on my right with George Penny.
COUNCILMAN PENNY: Please start at the other end, Frank. I'm looking up something..
15 7
JUNE 2, 1987
SUPERVISOR MURPHY: Ray?
JUSTICE EDWARDS: Oh, ,thanks:; George. - The last Town Board meeting I had
was just about a month ago, .and it was a special' occasion, because it was during
the day and Jay Schondebare did not show up. It was on a Friday, and I 'think
it 'was somewhere around the beginning of May, and I left that Saturday and drove
over 9,000 miles on a tripdriving to the West Coast,.. to Oregon, Seattle, back
to Los Angeles. 1 got back here yesterday .from my last stop in' Pittsburgh, and
there's so much to see in the United States. It's amazing why people want to.go
out of the States and see different things, . when you've got so much beauty, history.'
and life styles to visi't.' It 'was over 9,000 miles of pleasure. Thank you.
1,1_-.-__-,,�,SUA0ERVISOR MURPHY: Thank you, Ray. I'm glad you enjoyed it.' Jean?
COUNCILWOMAN COCHRAN: Yes, on Wednesday, May 20th, the Housing Committee
met with Attorney Ed Reale to -investigate -how' the Town can legally get involved
in' moderate income housing. We looked at .the development of some of the County
lands which we are now acquiring. On June 1st the Housing Committee met..with
Robert Villa of the.:Suffolk County Health Department and Mr. Villa explained -that-
the Health Department is cooperating with other municipalities in' Suffolk County
in' relation to affordable or moderate .income housing. He also shared with us a..
very interesting concept of transfer of..land credits. Say. the Town has a piece
of property and there are different options and ways that you can put this 'into
prosperity for ever until 'the end of time and .transfer those credits to :those for
affordable housing. Tomorrow morning the committee will' be meeting with- rep- .
representatives from the area banks to discuss possible financing. - On Tuesday,
May 26th Mr. Murphy and Mr.: Lessard and myself.traveled to Huntington to Gelco -..
Modular Units. 'They're a firm that deals .in:.modular units.. s you may .or. may
not be aware, we're beginning to burst at the seams here in' Town Hall and 'we've
got to find a solution for more work space,, so that our. employees have .better work-
ing conditions, plus we have a place to put them. So the committee will be continuing-
along on that path. On the 29th I ' sat in on interviews for Scale Operators and
a Sanitation Supervisor with the Disposal Area Committee and Mr. Schondebare
will report on that. On the 28th I met with the Village Green Committee and with.
community groups, and although the gathering was small, we had excellent input
from those that attended and. it appears that we have strong community support
on the development of the Green. On the 21st. :Councilman. Stoutenburgh and myself .
met with. Bob Mu,ir'on beach matters. On the 28th we also interviewed Beach Attend--
ants,. and th#n also on the 28th in the evening I sat in on interviewing with .Council-*
man Schondebare and Stoutenburgh for our new Recreation Director. This has
not been brought to a completion as yet, but I have hopes within the next two
weeks -we'.11 .be.able to solve that problem. In: between I was privileged to march
in,the Memorial Day .Parade in' Greenport. I'd like to thank the Legion for their'
invitation, and_all in' all it's been a busy two weeks, Frank. Thank you.
SUPERVISOR MURPHY: Thank you, Jean. Paul?
COUNCILMAN STOUTENBURGH: Yes,. as. Jean. has said, we met on the 21st on
a Beach Committee meetino ,..betting ready for the season to start. Our beaches
are opening right after school on the 20th,. it's. the weekend we'll have our beaches_
open. They are going to also have an inspection of all our beach facilities .with
the Health Department prior to that to make *sure they all meet with all the recommenda-
tions .and our Beach Committee will' be traveling with Ray Jacobs on this: As Jean
also said; we interviewed some young people,, and -1 must .say it 'gives you a strong
heart to see the wonderful young people we have in'our community. We had about
16 young people and we were only allowed to. chose four. of.them, and it's probably
one of the hardest jobs I think Jean and :I have had to do in' a long time. They
were beautiful kids,-just wonderful.. You.. 'couldn't ask for nicer people. . But we
did. select four of them and they'll be notified this week. I also sat in' on the. Code.
Committee and. Jay being Chairman of:that I'll let him' take care of that. 1, think
that's about.
SUPERVISOR MURPHY: Thank you, Paul. Jay?
COUNCILMAN SCHONDEBARE: Yes, thank yau.; Frank. Contrary to Justice Edward's
remarks, I was at the Town Board meeting the last time you were- there in.'.the
afternoon. I'm glad to see that all. my profound remarks were totally forgotten.
You don't even remember I was there.
TOWN CLERK TERRY; It was the meeting before that he missed and that's why
you had the next meeting in' the afternoon.
COUNCILMAN SCHONDEBARE: That's how you did it 'to me. I was in Florida,
if you remember. . That's how you snuck in the afternoon meeting on me. It taught:
me never to leave town. I did; as already indicated, sit in'on the Recreation Super--.
158 JUNE 2, 1987
visor interviews, as we all the Landfill interviews. We will'.appoint tonight a Scale
.Operator off the Civil Service List, and we had one for Sanitation Supervisor that
we waited for, but the person either declined or didn't show. So it's back to the
drawing boards on that. They're both Civil Service positions, so.we have to go
through those necessary channels. Code Committee did meet. the other night.
had a meeting on Friday afternoon in anticipation of today'.s Board meeting, other- .
wise we would have met tomorrow night, which is like the day after the Town Board
meeting and you're behind two weeks, so everyone was .nice, they cooperated,
and they all showed up at 4: 30 = 5:00 o'clock on. Friday afternoon and we. sat here
until 'about 6:30 6:.45 trying to knock out the work so we could present it to
the Town Board here today. We .got involved :in' a number of areas, some of which
are still'on the drawing boards, Architectural-' Review Boards is 'something to considF-
and we'll be toying with that. That's probably. one of the biggest ones that we
have at the present time: I know I did' something else, but I can't remember.what
it 'was.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: Yes, thank you. On the 20th I attended a meeting of the
Water Advisory.Committee,. which I'll report on because I don't believe that Paul
was there that evening. We helped wrap up our final. recommendations, number
9 and 10 for the Water .Management Report for the Town of Southold, and then'
we spent a lot of time concentrating on the groundwater aquifer divide, which runs
up and down the spine of the. North. Fork. It's fairly consistent with' the Long
Island Rail Road, which makes it easy to identify on maps. We're discussing,further
a 1,000 to 1,500 foot corridor on either side of this divide,-and we would hope
to concentrate on a water overlay area in' these areas to provide .means of preserv-
ing.these areas for well sites. for the future. .-On the 27th. we had a meeting of
Commerce and Industry. We discussed ,the Laurel Booth, more tree.plantings at
the Greenport Booth, some of the landfill' problems whi-ch the Town is 'undertaking
as quick as they seem .to come up, the Greenport-dog. situation, Economic'Advisory
Committee report, and w'e had a lengthy discussion on the industrial. zones in' the
proposed, versus the current zoning. Our next meeting will'-be on the loth of
June and we're going to discuss hamlet density and .-the resort residentials and
how they compare to the M-1 and the. M zone which are presently in' effect.. .:On
the 28th we had another quick meeting of the Water Advisory Committee, just. to . .
review the Water Management .Report, which we received toda;y. On the -28th 'I
attended the Recreation Supervisor interviews. . On the 29th..Landfill`interviews,
and on the 1st a meeting - of the Housing Committee, which I: believe Jean has
reported on ,piready. Thank you.
SUPERVISOR MURPHY: Thank you,. George. As you could see quite a bit of
activity constantly going on here, and I would just like to, at this time, publicly
thank the Water Advisory Committee for, I think, presenting. a very, very good,,
positive report to the Town Board, and hopefully people in'the future will' be thank-
ing you people. I think you did' a very good .job. Also, just to add where Jean
mentioned about Memorial' Day. .. It was quite active. The two--one official and:,
one non-official days,. and I was. very pleased to see that people really did ' not
forget the great sacrifice that many .veterans have given over the years in' many,
many, far too many wars, and people do still turn out and are proud of the fact
that they're Americans.
II . ' PUBLIC. NOTICES.
---SUPERVISOR MURPHY: Okay, moving on to the second item on the agenda are
Public'Notices. There. are three of them.' :T.hey. are on file in' the Town Clerk's
Office and .pos.ted..on the Town Clerk's Bulletin' Board for anyone .to look at.
1. U.'. S. Army Corps of Engineers, notice of application of Port of Egypt .
Enterprises, Inc. to install ramps, floats and galvanized piles at Budd's Pond,
Shelter Island Sound, Southold. Comments -by June 15, 1987.
2.' New York State Department of Environmental Conservation, notice of
application of Deep Hole Creek Association .for permission to maintenance.dredge
a trapezoid/area measuring 180 ft. by. 200 ft. by 55 'ft. to a depth of 6 ft. .below
mean low water and place the resultant 2500 cubic yards. of sand sediments along
a 400 ft. section of beach updrift of the inlet approximately 10 ft. landward of
mean high water; dredging will' be accomplished by dragline. Project is located
at the mouth of Deep Hole Creek at Marratooka Point, Mattituck. Comments .by June
5, :1987.
3. . New York State Department of Envi ronmental Conservation,. notice of
application of Salt Lake Association to dredge 86 ft. by 120 ft. mooring area to
6 ft. below mean low water and place resultant 1000 cu. yds. of spoil on an upland
site on opposite shore in' 100 ft. by 157 ft. area extending landward from the mean
high water line and east from the east side of an existing groin, on lands .of Folly
Beach Ltd. Project site is near entrance to James Creek at southeast end of Old
Salt Road (dredging) and at southwest end of Reeve Avenue, Mattituck. Comments..°
by June 12, 1987.
JUNE 2, 1987 159
III . COMMUNICATIONS.
SUPERVISOR MUiRPHY: Next is-:Communications. There is one. from .the Eastern-
Long Island Hospital Auxiliary :thanking the, Town.. for the.. use of the Re
c Center
for their flower sale which is a very ,important fund raiser.
IV. PUBLIC HEARINGS. (beginning at 8:00 P.M.)
I. 8:00_P:.M. -. proposed "Local Law in' relation to bazaars, fairs, carnivals,
circuses and public shows and entertainments."
2. 8:05 P.M. - proposed "Local. Law authorizing the issuance.of appearance:
tickets by Traffic'Control Officers. "
3. 8: 10 P.M. - proposed. "Local Law to amend Chapter 92 of .the Code of
the Town of Southold i n relation-to traffi c'regulations."
4. 8:15 P.M. - proposed. "Local .Law. in'..relatioh to the regulation. and. control
of Alarm Systems."
5. 8:20 P.M. - proposed "Local Law in relation to. Flood Damage Prevention. "
V. RESOL'UTI.O'NS.
SUPERVISOR MURPHY: Since it 'is.'too early for the public hearings we'll move
on to Resolutions. I would just like to ,.remind the audience .that there is *a Town
Board policy, if anyone would like to .address the Town Board on any proposed
resolution, now is the time to do it: Anyone who would like to. comment to the
Town Board on any other item of interest or concern to .them,. we'll entertain' that
after the resolutions. So. 1'd."Ii ke to. ask now if.there is 'anyone in' the audience
who would like to address the Town Board -on a proposed resolution? On the right?
In' the middle? On:the left? (No response.) If'not, thank you, and .we'll move
on to the first resolution and it's the appointment of Lifeguards. .
Amended 7/16f87 by Resol. #37
1. Moved by Councilman Stoutenburgh, seconded- by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints the follow-
ing. .Lifeguards for the 1987' Summer Season:`
Matthew, J. Gans . . . . . .. . . . . . :$5. 00 per.. hour, =
Chris 'C.. Oliver . . . . .. . . .. .. $5:. 00 per hour
I.-Vote of ,the Town. Board : Ayes: Councilman -Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 2 we're going to hold. for a.. little more research.
(Amending prior resolution of .3/2.4/87-. relative to changing the title of Melissa Spiro
from Summer Research Intern. to Clerk Typist.) Number 3 is 'to appoint Bryan
Weingart as a part-time Radio Communications Dispatcher. I offer that resolution.
2. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it :was
RESOLVED that the Town Board of the Town .of Southold hereby appoints Bryan
R. .Weingart as-a part-time Radio 'Communications Dispatcher, effective. immediately,
at a salary of $6.50 per hour..
2. Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, . Justice Edwards, Supervisor Murphy.
This resolution was declared 'duly ADOPTED.
SUPERVISOR MURPHY: Number 4 is 'to authorize the withdrawal of the acceptance
of a previous bid' of R. 0. Welch Asphalt. and accept the bid'of Paul Corazzini
and Sons for delivering and applying asphalt road material. I offer that resolution..
4. Moved by Supervisor Murphy, seconded by Justice Edwards,
WHEREAS, the Southold Town Board, on April 21, 1987, accepted the bid'of R.
0. Welch Asphalt Corp. , in' the amount.of $1. 18 per gallon,.. for delivering and:
applying 150,000 gallons, more or less as may be needed, of...Grades RC-2 and MC-2.
Asphalt Road Materials; and
WHEREAS, on April 23, '19117 the Town Clerk notified R. 0, Welch Asphalt Corp.
of the acceptance of their bid;, and in' accordance with the Specifications, requested
the submission of a Labor and Material Payment Bond and a Performance Bond :for
the faithful performance of the,contract, .each. in' the amount of $177,000. 00 and
WHEREAS, on May 15, '1987, after failure of the .bidder..to submit the required
bonds, the Superintendent of Highways caused a letter to be hand delivered to
R. 0. Welch Asphalt Corp. notifying them that the performance bond must be received....
no later than 12:00 P.M. on Wednesday, May 20,' '1987. at the Town Clerk's Office,
other wise the bid of the next lowest.. bidder .will be .accepted, all in' accordance
with Item 6 of the signed. bid form of April '20,' :1987; and
WHEREAS, R. 0. Welch Asphalt Corp. failed to deliver said bonds ,by May 20,
1987, or in fact to this date, now, therefore, be it.
RESOLVED that the Town Board of the'.Town of Southold hereby withdraws their
acceptance of the bid of R. 0. Welch Asphalt Corp. for supplying Grades RC-2
and MC-2 Asphalt Road Materials, and authorizes the return of their $3,000. 00
1 O JUNE 2, 1987
bid' deposit check; and be it further
RESOLVED that the Town Board hereby accepts the bid' of the next lowest bidder,
Paul Corazzini 6, Sons Inc. , in' the amount of $.24 per gallon for delivering and
applying 150,000 gallons, more or less as may. be needed, of Grades RC-2 and MC- 2
Asphalt Road Materials.
4.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man.Schondebare, Councilman Stoutenburgh, Justice Edwards,. Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY; Number. 5 is to authorize the execution of a maintenance
agreement.
S. Moved by Justice Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of. the Town of Southold hereby authorizes and
directs Supervisor Francis'J. Murphy to execute a Maintenance Service Agreement
_between McCabes and the Town of Southold, for the Olympia Supertype 230 Type-
writer and Olympia Micro-Disc Drive, for a fifteen (15) month period, commencing
on September 2, •1987 and endi ng on December 2, 1988". at a total cost.of.$145. 00.
5.-Vote of the Town Board : Ayes : Councilman Penny,. Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 6 is 'to authorize legislation to be introduced
by Senator Ken. LaValle. I offer that resolution.
6. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby refers to N`ew
York State Senator Kenneth P. LaValle and New York State..Assemblyman Joseph
Sawicki, Jr. the following "Act in relation to authorizingthe Town of Southold,
Suffolk County, to establish a local parks and conservation fund and authorizing.
said Town, to impose a real estate transfer tax with revenues therefrom to be deposited
in the local park and conservation fund for the purpose of acquiring, administering,
and managing rights or interests in' real property for open space, parks, and historic-
preservation purposes, and be it further
RESOLVED that the Town Board herebyr -- ---en-_.--
eque�ts Sator LaValle and Assemblyman
Sawicki to introduce said' legislation on behalf of the Town of Southold in' the New
York State Legislature. Said Act reas as follows, to wit
AN ACT in relation to authorizing the Town of Southold, Suffolk County,
to establish a local parks and conservation fund and authorizing said Town to
impose a real estate transfer tax with revenues therefrom to be deposited in' the
local park and conservation fund for the purpose of acquiring, administering,
and managing rights or interests in' real property for open space, parks, and
historic'preservation purposes.
Section 1. Legislative findings and intent. The legislature finds
that the protection and preservation of open space, significant natural areas,
and historic' places and the provision of park and recreation opportunities are
public' purposes that greatly concern the people of the state. It is ' further
found that techniques such as the creation of land acquisition funds permit 'local
governments to carry out such purposes. .Therefore, this ' act is ' intended to
enable the Town of Southold to protect and preserve open s.pace natural areas
and historic' places and to provide park and recreation opportunities through a
local parks and conservation fund .financed by a tax levied on the transfer of
real property within the town.
Section 2. Definitions. As used in' this 'act, the following words.
and terms shall have the following meanings:
JUNE 2, 1987 161
(a) "Person" means' an individual, partnership, society,
association, joint stock company, corporation, estate, receiver, ' trustee,
assignee, referee, or any- person acting in' a fiduciary or representative
capacity whether appointed by a court or otherwise, any combination of. .
individuals, or any other form of unincorporated enterprise owned or conducted
by two or more persons.
(b) "Deed" means any document, instrument, or writing
(other than a will) regardless of where made, executed, or delivered, whereby
any real property or interest therein' is ' created, vested, granted, bargained,
sold, transferred, assigned, or otherwise conveyed.
(c) "Real property or interest therein" means every estate
or right, legal or equitable, present or- future, vested or contingent, in' lands,
tenements, or hereditaments, that are located in' whole or in' part within' the
town. It shall not include a mortgage, a release of la mortgage or a leasehold
for a stated term of years or part of a year. It ' .shall not include rights to
sepulture.
(d) "Consideration" means the price actually paid or required
to be paid for the real property or interest therein; whether or not expressed
in' the deed and whether paid' or required to be paid' by money, property, or
any other Wn of value. It shall .include the cancellation or discharge of an
indebtedness or obligation. It shall also include the amount of any mortgage,
lien, or other encumbrance, whether or not the underlying indebtedness is '
assumed.
(e) - "Fund" means a local parks and conservation fund created
pursuant to Section 3 of this act.
(f) "Grantor" means the person making' , executing, or delivering
the deed.
(g) "Grantee" means the person accepting the deed or obtaining
any of the real property that is ' the subject of the deed or any interest
therein.
(h) "Recording officer" means the clerk of Suffolk County.
(i) "Town" means the Town of Southold, Suffolk County in'
the State of New York.
0) "County" means Suffolk County, New York
Section 3. Local parks and 'conservation fund. The Town of Southold,
Suffolk County may establish'a local parks and conservation fund:: The proceeds
of such fund shall be used solely for the development of a local open space,
conservation, park,,' 'or historic'- preservation plan or for acquiring,
1 C 2 JUNE 2, 1987
managing and administering rights or interests in' real property for open space,
conservation, park or historic preservation purposes in' accordance with such
plan. Real property acquired, managed or administered with proceeds from such
fund shall not be sold or disposed of or used for other than such purposes
except in' accordance with procedures adopted by the town board which shall
provide for the substitution of other lands of equal fair ' market value and
reasonably equivalent usefulness and location to those to be discontinued, sold
or disposed of. Deposits into the fund shall include revenues of the town from
whatever source; provided, however, that revenues from a tax im osed upon
the transfer of real property interests in:the town pursuant to Section 4 of this
act shall be deppsited in' such' fund.
Nothing contained in` this section shall be construed to prevent the
financing in whole or in part, pursuant to the local finance law, of any
acquisition otherwise authorized pursuant to this 'section Moneys from the ,/fund
may be utilized to repay any indebtedness or obligations incurred after the
effective date of this act pursuant to the local finance law for acquiri'n ,
managing or administerind , rights or interests in' real _property for open space,
conservation, parks or historic' preservation purposes An advisory committee
shall be established by the town board to review and report to the town on any
proposed acquisition.
Section 4. Tax authorized. Notwithstanding any other provisions
of .law to the contrary, but subject to' the limitations enumerated in this ' act,
the Town of Southold, acting through its town board, is 'hereby authorized and
empowered to adopt and impose by local 'law a tax on each deed at the time it is
delivered by a grantor to a grantee whent he consideration or value of the
interest conveyed exceeds one hundred dollars, at a rate not to exceed two
percent of the consideration or value of the real property or interest therein'
conveyed; provided, however, that with respect to (A) -conveyance or transfers
of one, two or three-family houses and individual residential' condominium units,
or interest therein; and (B) conveyances or transfers where the consideration
or value is less than five hundred thousand dollars, the consideration or value
of the interest conveyed shall exclude the value of any lien or encumbrance
remaining thereon at the time of sale.
Section 5. Administration of tax. (a) The tax authorized by this '
act shall be administered and collected and may be amended or discontinued as
provided by local law. A graduated rate or tax providing for an increased rate
of tax for increased consideration may be enacted in� such local law; provided
however, that in no case shall the highest rate exceed two percent Any final.
determination of the amount of any tax imposed pursuant to this act or any
163
JUNE 2, 1987 -
determination denying any refunct.;..',-;appli'c6tioh% filed With respect to such tax
shall be reviewable pursuant to article seventy-eight of the civil practice law
and rules if ' an application therefor is made to the supreme court within' four
months after the giving of the notice of such final determination.'
(b) A local law imposing a tax pursuant to Section 4 of
the act, increasing and decreasing the rate of such tax, or repealing' or
suspending such tax or creating or modifying exemptions from such tax must go
into effect only on one of the following dates: March first, June first,
September first or December first. No such local law shall be effective unless a
certified copy of such law is ' mailed by registered mail to the recording officer
for the county in which such town is located at least ninety days prior to the
date it 'is to become e�fectiv' However, such recording officer may waive and
reduce such ninety-day minimum notice requirement to a mailing of such
certified copy by registered mail 'within' a period of not less than thirty days
prior to such effective date if ' the recording officer deems such action to be
consistent with its duties under this ' :act. A certified copy of any local law
imposing or modifying the tax authorized by this.' act shall be mailed by
registered mail to the commissioner of taxation and finance at least thirty days
prior to such effective date.
(c) Where real property is ' situated partly within and
partly without the town, the consideration subject to tax shall be such part of
the total consideration as is attributable to the portion of such real property,
situated within the town or to the interest of such portion. Where property is '
located within the Town of Southold and within' a town or towns which do not,
impose the tax only such portion of the consideration attributable to the Town
of Southold shall be taxable.
(d) Nothing herein' shall limit the authority of the
town to enter into cooperative agreements for the collection of the tax imposed
by this act with any person designated as an agent for the collection of the
real estate transfer tax pursuant to section fourteen hundred seven of the tax
law of the State of New York.
(e) A recording officer shall not record a deed unless
the real estate transfer tax provided for in section 4 of this act shall have been
paid.
Section 6. Payment of tax.. (a) The real estate transfer tax shall
be paid by the grantor. If the grantor has failed to pay the tax imposed by
Section 4 of this act or . if the grantor is exempt from such tax, the .grantee
shall have the duty to pay the tax.
164 JUNE 2, 1987
(b) For the purpose of the proper administration of
this ' act and to prevent evasion of the tax hereby imposed, it shall be presumed
that all deeds are taxable; where the consideration includes property other than
money, it shall be presumed that the consideration is ' the value of the real
property or interest therein'. These presumptions shall prevail until the
contrary is proven, and the burden of proving the contrary ,shall be on .the
grantor, or where such tax is imposed on the grantee, on the grantee.
(c) The town board may prescribe any method for
payment of the real estate transfer tax so long as such method includes a
procedure under with payment of the tax is ' noted on the deed, or if no tax is
due, such a notation is 'placed on the deed.
Section 7. Exemptions. (a) The following shall be exempt from
payment of the real estate transfer tax:
1. The state of New York or any of its agencies, instrumentalities,
political subdivisions, or public' corporations . (including a public corporation
created pursuant to agreement or compact .with another state or the Dominion of
Canada).
_ 2. The United Nations and the United States of America and any of
its agencies and instrumentalities.
The exemption of such governmental bodies or persons shall not,
however, relieve a grantee from them of liability for the tax.
(b) The tax shall not apply to any of the following deeds:
1. --_Deeds that are or were- used to secure a debt or other obligation.
2. Deeds that, without additional consideration, confirm,' correct, modify,
or supplement a deed previously' recorded;
3. Deeds or conveyances of real property without consideration and
otherwise that in' connection with a sale, including deeds conveying realty as
bona fidegifts;
4. Deeds given connection with a tax sale;
5. Deeds given pursuant to mergers, dissolutions, or consolidations
of corporations or transfers by or to subsidiary corporations by a parent
corporation for no consideration other than cancellation or surrender of the
subsidiary's stocks;
6. Deeds of partition; or
7. Deeds given pursuant to the federal bankruptcy act
Section 8. Local option exemption. The town may, by local law,
;allow an exemption not in' excess of one hundred thousand dollars on the
consideration of the conveyance of all or a class of residential real property or . : .-.'
JUNE 2, 1987 165
an interest therein'. Different exemptions.-.,may be. provided for different classes
of improved or unimproved residential real property.
Section 9. Penalties. (a) The Town may by local law provide for
enforcement for failure to pay the tax imposed by Section 4 of this act.
(b) Any person who willfully fails to pay the tax authorized
by Section 4 of this act and any person who willfully violates any provision of
this act, or any local law adopted pursuant to this '.act, or who willfully
attempts in any manner to evade or defeat the tax imposed by Section 4 of this
act or the payment thereof shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than five thousand dollars or imprisoned for not
more than one year, or both. A recording officer shall not be liable under this '
section for any inaccuracy in' the amount of the tax on the amount of
consideration or the value of the interest conveyed as such amounts are .
provided to him by the person paying the tax. '1
Section 10. Refunds. Whenever the town shall determine that any
moneys received under the provisions of, this act were paid in' error, it may
cause such moneys to be refunded, without interest, :provided that an
application for such refund is filed with the town within two years from the
date the erroneous payment was made.
Section• 11. Disposition of revenue. All revenues collected by the
town pursuant to this act shall be deposited in the local parks and conservation
fund of the town, pursuant to Section 3 of this act. The tax authorized by
Section 4 of this act may only be imposed where a local parks and conservation
fund has been created by a town pursuant to Section 3 of this act.
Section 12. Mandatory referendum. Any local law adopted by the
town imposing or reimposing the tax. authorized by Section 4 of this act shall be
subject to a mandatory referendum pursuant to section twenty-three of the
municipal home rule law.
Section 13. Severabi lity. If any provision of this 'act or the application
thereof shall for any reason be adjudged by any court of competent jurisdiction
to be invalid , such judgment shall not affect, impair, or invalidate the.
remainder of this act, but shall be confined in its operation to the provision
thereof directly involved in' the controversy in' which such judgment shall have
been rendered.
Section 14. This 'act shall take effect immediately.
6.-Vote of the Town -Board: Ayes : Councilman Penny, Councilwoman Cochran, Council=
man outen urg ustice Edwards, Supervisor Murphy. . No: Councilman Schondebare.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 7 is 'to terminate the employment of a part-time
Custodian.
1 6 6 JUNE 2, 1987
7. Moved by Councilwoman Cochran, seconded by Councilman Penny, it was
RESOLVED that the Town Board of the Town of Southold hereby.,terminates the
employment-of Genevieve Oldakowski, part-time Custodian, effective May '29, '1987.
7.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor. Murphy...
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 8 is 'to appoint a seasonal Clerk Typist in' the.
Planning Board, Joan Davis, at a salary .of $6. 00 per hour, for the summer season.
I offer that resolution.
COUNCILMAN PENNY: Question. With respect to Resolution No. 2 and this resolut
is there a connection between the two?
SUPERVISOR MURPHY: No connection.
TOWN CLERK TERRY: This 'is 'the one.Valerie's poke about at the last meeting.
Diane needed help, office work. Melissa goes out and does research and surveys
for the''Planning Board.
COUNCILMAN SCHONDEBARE: If this 'one we have no problem appointing Clerk
Typist, how come we have a problem with the other one?
SUPERVISOR MURPHY: I don't know why? We'll have to research. it.'
8. Moved by Supervisor Murphy, seconded by Justice Edwards, it was .
RESOLVED that the Town Board of the Town of Southold. hereby appoints Joan ,
E. Davis 'as a Clerk Typist for the. Southold. Town Plannnin' Board, 'for the summer-
season, effective June 26, .1987, at a salary of $6. 00 per hour.
8.--Vote of the Town Board : Ayes : Councilman. Penny, Councilwoman Cochran, Council-*
man Schondebare-, Councilman. Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolutioh was declared duly ADOPTED..,
SUPERVISOR MURPHY: And number' 9 is 'to authorize another Farmland Development
Right Acquisition.
9. Moved by Councilman Stoutenburgh, seconded. by Councilwoman Cochran, it 'w-as
RESOLVED that the Town Board of thet.Town of Southold hereby authorizes and
directs Supervisor Francis 'J. Murphy to execute a Farmland Development Right,
Acquisition - Option Agreement with .James .E.. Cross for his 26 acre parcel of land
located on the north side of Route .25, Cutchoque,. New York.
9.-Vote of the Town Board : Ayes : Councilman .Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This �resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 10 is 'to seta public hearing.
10. Moved by Councilwoman Cochran, seconded. by Justice Edwards, it. was
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M. ,
Tuesday, June 30, 1987,:.Southold Town Hall,.. Main' Road, Southold, New York,
as time and place for a public hearing on the- Acquisition of Development Rights .
in the Agricultural Lands of James E. Cross, north side Route 25, Cutcho ue,
New York, 26 acres.
10.=Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 11 :is 'to appoint an Assistant Cook in our Nutrition
-
Program.
11. Moved by Councilman Penny, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Lisa
Cultuna as an Assistant Cook at the Southold Town Nutrition Center, effective .
May 27, .1987, 35 hours per week, at a salary of $6. 00 per hour, plus benefits.
11.-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 12 is to appoint Thomas MacDonald as a Van Driver
for the Southold Town Nutrition Program, effective June 1, 1987, 35 hours per
week, at a salary of $4�,67 an hour, providing that he passes the police check on
his license-eligibility. I offer that resolution.
JUNE 2, 1987 167
12: Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that the Town Board of the Town .of Southold hereby appoints Thomas
MacDonald as a Van Driver for the Southold Town Nutrition Program, effective
June 1, '1987,._-35 hours per.week, at a salary of $4. 67 per hour, providing he
passes the police eligibility test of his.driver!s license..
12.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-
man. Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 13 is to grant- permission to hold a celebration.
13. Moved by Justice Edwards seconded.. by Councilman. Penny, .it was
RESOLVED that the Town Board: of' the .Town of Southold hereby grants WBAZ a
Special License, in accordance with Section 1.00-114(C) .of the Code of the Town
of Southold, to erect a tent to hold a three-rind celebration under the WBAZ Bid
Tod, south side CR 48, Southold, on July 6, 1987, from 5:30 P.M. to. 8:30 P.M. ,
provided they secure and maintain' the proper insurance to hold the .Town of Southold
harmless.
13.-Vote of the Town Board : Ayes: Councilman Penny, .Councilwoman Cochran, Council-'. .. .
_man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This -resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 14 is..'to au.thorize.the.Commissioners of the Fishers
Island Flerry District to set the. rates of employment for 'part-time personnel,, effective :
June 1, 1987. _-1 offer that resolution.
.14. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes 'the.
Board of Commissioners of the Fishers Island..Fery District to set the following
compensation. rates for Fishers. Island Ferry District part-time personnel, effective
June 1, 1987: Thomas Alligood : $7. 93 per"- hour; Frederick Barrett, Jr. : $6.22
per hour; Walter Barnard: '$9.76.per hour: Stephen Brennan: $5. 80 per hour;
Robert Davis n
.$5.80 per hour; Donald Hayes: $6.�09 per hour; William Henderso :
$7'. 93 per hour; Eugene Henson: '$9.7.6 per hour; Robert Jordan: $5.'80 per. hour;
Brian Kingsbury: $9. 76 per hour; Robert. Knauff;. Jr. : $5.'80 per hour;: Christopher
Londregan:' $5'."80 'per hour;. John Piacenza': ..$7'.'93 per hour; .John Stanford: ,$5. 42
per hour; Donald Stankewicz:' $7'.'93 per hour; Peter Strife:. $5. 80 per hour; Wilfred
Szalkowski : "$6. 09 per hour.; William Toivonen: $5. 80 per hour; David .White: $5.80
per hour.
14.-Vote of the Town Board : Ayes : Councilman. Penny,. Councilwoman Cochran,. Council-'-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 15 'is 'to authorize the Ferry District to hire another
person.
15.' Moved by Justice. Edwards, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
Board of Commissionrs of the Fishers Island 'Ferr ry District to employ Jeffrey T.
Londregan as a part-time Deckhand, effective immediately, at a salary of $5.'09
per hour. .
15.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 16 is 'to authorize the Ferry Commissioners
to accept the bid' of Monarch Equipment, in the amount of $15,'020.'00, for supplying
the Ferry District with one Toyota Forklift Truck. I offer that .resolution.
16. Moved by Supervisor Murphy,. seconded by Justice Edwards, it 'was
RESOLVED that the Town Board of the Town of Southold hereby authorizes -the
Board of Commissioners of the Fishers Island Ferry District to accept the bid' of
Monarch Equipment S Service Corporation, in the amount of $15,020. 00, and .enter
into a contract, for supplying the Ferry District with one (1) Toyota Forklift Truck,
Model 42-5FG25-FV 118.
16.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, .Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 17 is to appoint Beach Attendants.
Amended 7/16/87 Resol. #37
17. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Bord of the Town of Southold hereby appoints the follow-
ing individuals as Beach Attendants, effective immediately, for the '1987 Summer -
Season, at a salary of $4.05 per hour: Robert H. Doering, Kathleen L. Fox, LeeAnn
Steidel, Donna Marie Strickland. = ,_P
168 JUNE 2, 1987
17.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 18 is 'to accept, with regret, the resignation of
Robin Martin' as a part-time Clerk Typist in' the Building Department. I offer that
resolution.
18. Moved by Supervisor Murphy, seconded by Justice Edwards, it.'was
RESOLVED that the Town Board of the Town of. Southold hereby accepts, with
regret, the resignation of Robin V. Martin, part-time Clerk Typist in the Building
Department, effective June 5, 1987.
18.'. Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran,- Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. .
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number :19 is 'to .accept a survey and authorize the payment.
:19. Moved by Councilman Stoutenburgh, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the survey,,
prepared by William F. Mullen, Jr. , Insurance Consultant, with respect to the Southold
Town General Insurance, and authorizes the payment of $2,000. 00 for his services.
19,.=Vote of the Town Loard Ayes : Councilman Penny, Councilivom.9ri Cochran, Council
man Schondebare, Councilman Stoutenburgh Justice ,Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 20 is to appoint Frank Bear as a member of the
Southold Town Water Advisory Committee, effective July 3rd, 1987, through July
_ - 3rd, 1'992; he to serve in this 'capacity without compensation. I offer that resolution.
20. Moved by Supervisor Murphy, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of Southold hereby appoints Franklin
Bear as a member of the Southold Town Water Advisory Committee, effective July
3, 1987 through July 3, 1992; he to serve in�this capacity without compensation.
. 20. Vote of the Town Board: Ayes: Councilman Penny; Councilwoman Cochran, Council-
man Schondebare, .Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOIZ`MURPHY: Congratulations, Frank.,
COUNCILMAN PENNY:, Five more years, Frank.
COUNCILWOMAN COCHRAN: Congratulations, Frank.
SUPERVISOR MURPHY: You better be around, too. Number 21 is 'to set the amount
to be deposited in lieu of park and playground for the subdivision of Oregon Heights,
located at Mattituck., in'the amount of $13,750. 00. 1 offer that resolution.
AMENDED: 8/30/87 Resol. #4
21. Moved by Supervisor Murphy, seconded by Councilwoman Cochran, it 'was
RESOLVED that the Town Board of the Town of Southold hereby determines that
the amount of $13,750.'00 shall be. deposited with the Town in' lieu of land for park
and playc
Iround in the subdivision "Oregon Heights", located at Mattituck, New York.
21.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 22 is 'a resolution supporting the creation of a
Suffolk Resource Recovery Agency, as suggested by the County Executive as a
method of trying to assist the Town's in handling waste management problems and
recycling. 1 offer that resolution.
22. Moved by Supervisor Murphy, seconded by Councilman Penny,
WHEREAS, the construction of Solid'Waste Management - Resource Recovery Facilities
is presently underway in' various towns throughout Suffolk County; and
WHEREAS, while the Towns will' retain primary responsibility for Sold Waste disposal,
it �is :agreed that it is more efficient to provide for ash disposal, recycling and
tire' shredding on a Countywide basis 7rather than on a local basis; and
WHEREAS, legislation has been proposed to create a Suffolk Resource Recovery
Agency composed of eleven members, including the ten Town Supervisors and/or
their designees, and the County Executive and/or his designee; and
WHEREAS, the Suffolk Resource Recovery Agency would be authorized to sell and.
dispose of ash, recyclables and tires; and
WHEREAS, this Agency would also assist the ten Towns in' Suffolk County in' the .
planning and development of resource recovery facilities, waste disposal facilities
and/or solid waste resource recovery facilities and would facilitate inter-municipal
areements to deal withdowntime waste; now, therefore, be it
JUNE 2, 1987 _ 169
RESOLVED that the Town Board of the Town of Southold hereby endorese the legis
lation to create the Suffolk Resource Recovery 'Agency (with the exception of Section
2051-e(4) which reads as follows: "4. To take .by eminent domain, in' the name of
the agency, pursuant to the eminent domain procedure law, within the area of operation
any real property required by the agency to carry out the powers granted by
this -title.) , and urges the New York State Assembly and the New York State Senate
to enact such legislation; and be it further
RESOLVED that copies of this Resolution be transmitted to the entire Suffolk Delegation
in' Albany.
22.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED. -
SUPERVISOR MURPHY: - Number 23 is 'a resolution in'support of the County Executive's
proposal for saving the Suffolk. County Pine. Barrens!:.Wilderness and Water Protection
-Preserve. I offer that resolution.
23. Moved by Supervisor Murphy, seconded by Councilman Schondebare,
WHEREAS, there are approximately :109,'000 'acres of Pine Barrens in. the Towns
of Brookhaven, Riverhead and Southampton which comprise the majority of Pine
Barrens in the State of New ' York and which provide direct protection '`for
Suffolk's sole source aquifer; and
WHEREAS, our goal is " to permanently protect, at least 80,000 acres of ours.;Pine
Barrens, thus preserving and protecting our water supply for the next , 200
years - and
WHEREAS, Suffolk County Executive Michael A. LoGrande has proposed;. the
creation of a SUFFOLK .COUNTY PINE BARRENS WILDERNESS. AND WATER
PROTECTION PRESERVE in order to: -
1. Allow the County to purchase 22,000 to 25,'000 acres of the 29,900 acres .
of Pine Barrens now privately held.
2. Allow the County to make payment in' lieu of taxes to municipalities and
taxing districts for pine barrens removed from .the tax rolls.
3. Allow the County to begin' Revenue Sharing payments to the ten towns
- to assist them with environmental programs.
4. Allow the County to finance Water Quality Preservation Programs.including
'water main extensions, infrastructure improvements, water purification
programs, -wastewater treatment and solid -waste initiatives.
5.' Hold harmless the Southwest Sewer District and the other 25 Districts
throughout ,the County so. that they will' receive full funding as originally
intended 'from the :1 /4 cent sales tax; and
WHEREAS, this 'initiative could be' fully funded by redirecting the 1 /4 cent sales
tax presently used to finance the sewer districts throughout .the County,
effective December 1, :1988; now, therefore,. be it '
RESOLVED that the Town Board of the Town of Southold fully supports this
initiative and-urges the Suffolk County . Legislature -to "immediately enact
Introductory Resolution 1557 of :1987: 'in' order to allow the proposition creating
the SUFFOLK COUNTY PINE BARRENS .WILDERNESS AND .,WATER PROTECTION
PRESERVE to be placed before the. voters " of Suffolk County in' November 1987',
and be it further
RESOLVED that copies of this - Resolution be forwarded. to the Clerk of the
Suffolk. County Legislature and to all members of the Legislature.
.23.-Vote of the Town Board : Ayes : Councilman Perry, Ccu„cilvioMan Cochran, Ccuncil=
man Schondebare, Council.=,n St-utonburrh, ..lurtica^. Ed`.vni-cls, Sr-upervisOr Fiurphy. .
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 24 is to grant permission -for a trip to Albany.
24. Moved by Councilwoman Cochran, seconded by Justice Edwards, it 'was
RESOLVED- .that the Town. Board of the Town of Southold hereby grants permission
to Supervisor Francis 'J. Murphy, Gary Loesch of the H2M Group, and Dr. Eliot
Epstein- of E E A Environmental Consultants, Inc., to travel to Albany, New York
to meet with the. New York State Department of Environmental Conservation with
respect to possible. New York State Environmental Quality Bond Act grant assistance
for a Town of Southold Resource Recovery Project; and the necessary expenses
for travel,. meals and. lodging shall be a legal charge against the Town of Southold.
24.-Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 25 is to accept a proposal.
25:' Moved by Councilman Stoutenburgh, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the .Town of Southold hereby accepts the proposal .
of Urac Corp. , Rockville Centre, New York, to conduct a study to determine if
the Town of Southold has been overcharged with respect to Lilco bills; Urac Corp.
to share equally in.any credits and/or refunds they secure on behalf of the Town.
17 O JUNE 2, 1987
COUNCILMAN SCHONDEBARE: We did that with the telephone and it worked. We
got money back.
25.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor. Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 26 is 'to accept the Water Advisory Committee's
"Proposal for a Water Management Program for the Town of Southold", and refer
the same to the Southold Town Planning Board for implementation by our Town
Planner Valerie Scopaz,' with our thanks. I offer that resolution.
26. Moved by Supervisor Murphy, seconded by Justice Edwards, it 'was
RESOLVED that- the Town Board of the Town of- Southold hereby accepts the .Water
Advisory-.Committee's ."Proposal for a Water Management Program for. the Town of"
Southold", and refers same to the. Southold Town Planning. Board for implementation
y Town-Planner Scopaz.'.
26.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, 'Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This =resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And. Number 27 is 'to set the amount of $10,.750. 00 to be
deposited with the Town in' lien of land for park and playground in' the subdivision
"Papadopoulos and Maragos", located at Southold,. New York. I offer that resolution.
AMENDED: June 30, 1987 Resolution #4
27. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby..determines that
the amount of $10,'750.•00 shall be deposited with the Town in' lieu of land for park
and playground in the subdivision "Papadopoulos and Mara os", located at Southold,
New York.
27..-Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This ' resolutioh was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number 28 is to appoint a Scale Operator.
28. Moved by Justice Edwards, seconded by Councilwoman Cochran, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Michael
Caprise.to the position of Scale Operator, from the Suffolk County Department
of Civil Serv+ce Certification of Eligibles, effective July 1, 1987, at a salary of
$18',948. 00 per annum.
28.-Vote of the Town Board:. Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: . Number: 29(a) is to set a salary.
29. Moved by Councilwoman Cochran, seconded by Justice Edwards, it was
(a) RESOLVED that the Town Board of the Town of Southold hereby sets the salary
of Venetia McKeighan, Director of Senior Services, at $3,000' 00 per annum, retro-
active to January 1, 1987
COUNCI LMA.N PENNY: Question. We never got to Executive Session on this ' I'd
._like to discuss this 'before we go ahead and make the move, on this.- This 'was supposed
to come up earlier and we did' not have a chance to discuss it.
SUPERVISOR MURPHY: We did:'discuss it.�
COUNCILMAN SCHONDEBARE: And he wanted an Executive Session, 1 remember.
COUNCILWOMAN COCHRAN: You, didn't remind us.
COUNCILMAN SCHONDEBARE: We could discuss it 'right after the Board meeting.
SUPERVISOR MURPHY: Is' there a motion to table it?
COUNCILMAN SCHONDEBARE : I move to table it:
29. TABLE
(a) oTved by Councilman Schondebare, seconded by Councilman Penny, it 'was
RESOLVED that Resolution No. 29(a) to .set the salary of Venetia McKeighan, Director
of Senior Services, at $3,000. 00 per annum, retroactive to January 1, 1987, be and
hereby is 'TABLED.
29.=Vote of the Town Board : Ayes : Councilman Penny, Councilwoman Cochran, Council
(a) man Schondebare, Councilman Stoutenburgh,. Justice Edwards, Supervisor Murphy. .
This resolution was declared duly ADOPTED.
JUNE 2, 1987 17. 1
-SUPERVISOR MURPHY: Number 29(b) we'll hold then until after the meeting.
Number 30.'
. 30. Moved by Councilwoman Cochran, seconded by Councilman Penny, it 'was
RESOLVED that the Town Board of the Town of SOuthold hereby engages the services
of Robert Brown, Architect, to prepare workinq drawings for an emergency exit
Tor the Accounting E Finance Department, Southold Town Hall, at a cost not°to
exceed $250. 00.
30.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council-'
man Schondebare, Justice Edwards. No: Councilman Stoutenburgh, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at this 'time' I'd like a resolution to hold the five
�:�pubiic'hearings scheduled for tonight.
Moved by Justice Edwards, seconded 'by Councilman Schondebare, it was
RESOLVED that a recess be called at this time, 8:00 P.M'- , for the purpose of
holding the following public'hearings:
1. 8:00. P.M. Proposed "Local Law in' relation to. bazaars, fairs, carnivals,
circuses and public'shows and entertainments."
2. 8:05 P.M. - Proposed "Local Law authorizing the Issuance of Appearance
Tickets by Traffic Control Officers."
3. 8: 10 P.M. - Proposed "Local Law to amend Chapter 92 of the Code of
the Town of Southold in' relation -to Traf_fic'Regulati ohs.
"
4. 8: 15 P.M. Proposed "Local Law in relation to the Regulation and Control
of Alarm Systems."
5. 8:20 P.M. - Proposed "Local Law in. relation to Flood Damage Pre�entioii. ' .
Vote of the Town Board : Ayes : Councilman: Penny, .Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh,".Justice Edwards, Supervisor Murphy.
This ' resolution was declared duly ADOPTED. -
Meeti ng reconvened at: 8: 30 P.M.
- SUPERVISOR MURPHY: I'll reopen the regular Town Board meeting,_ and we Would :.
like to have an Executive Session before we close, so. I think. what we'll do 1s`.act
on some of the proposed .Local Laws, and allow anyone who.would like to. add Tess
the Town Board, and then recess for the. short time to- have Executive Session,
and then open to either pass another resolution or to close.the meeting. So I move.
Resoltuion. N-umber 31-`, which is Local Law. No. 6 and it's a "Local Law in' relation
to bazaars, fairs, carnivals, circuses and public'shows and entertainments."' We've
heard the official reading and hearing tonight. I'd like to .make a -motion to.approve-.
it.:
31. Moved' by Supervisor Murphy, seconded by Councilman Stoutenburgh, . .
WHEREAS, a proposed Local Law No. 6 - :1987.was introduced at a-meeting of this
Board held on the .19th. day of May, 1987, and
WHEREAS, a public'heari ng was held thereon by this 'Board .on the 2nd day of
June, '1987, at which time all interested persons were given an opportunity to be.
heard thereon,_now, therefore, be it.'
RESOLVED that Local Law No. 6 - 1987 be enacted as follows:
LOCAL LAW. NO. .6 - 1987
A Local Law in' relation to bazaars, fairs, carnivals, .
circuses and public shows and entertainments
BE IT- ENACTED by the Town Board of the Town of Southold. as follows:
1. 'There is 'hereby created a new Chapter which shall be known .as Chapter 27
of the Code of the Town of Southold, designated as follows:
Chapter 27
Bazaars, fairs, carnivals,
circuses and public'shows
and entertainments
Section 27. 1. Certain� entertainments prohibited; permit's required.
A. To preserve public peace and good order and to prevent tumultuous .
Assemblages, all public outdoor shows and entertainment, including, but not
limited to, bazaars, fairs, carnivals and circuses are prohibited in the Town
of Southold.
B. Nothing herein or in' the foregoing shall apply to bazaars, fairs,
carnivals, circuses and other public outdoor shows and entertainments that
are approved in'writing by the Town Board and held in the Town under the
sole management and for the profit 'of local fraternal, charitable or religious
organizations.
C. All applications to the Town Board for permits shall be' in'writing
and shall supply the name and address of the organization and its officers
making such application and the nature of the affair; that the same is"for
charitable purposes; the length of time contemplated and the exact location
where the same is to be conducted.
17 2 JUNE 2, 1987
D. Applications for approval of any temporary structures must be
submitted to the Building Department.
E. All other public activities which are not a permitted use .under the
Southold Town Code shall require the approval. of the Zoning Board, of Appeals.
II. This local law shall take effect upon its filing with the Secretary of State.
31.-Vote of the Town Board : Ayes: Councilman' Penny, Councilwoman Cochran, I Council-'
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 32, Resolved that Local Law No. 7' = 1987
be enacted as follows: which is 'a Local Law authorizing the .Issuance of Appearance
Tickets by Traffic'Control Officers. I offer that resolution.
32. Moved by SLpe.rvisor Murphy, seconded by Councilman Penny,
WHEREAS, a proposed Local Law No. . 7 '1987 was .introduced at a meeting of this
Board held on the 19th day of May, 1987', and
WHEREAS, a public:hearing was held thereon by this 'Board on the. 2nd day of
June, 1987, at which time all interested persons were given an opportunity. to be
heard thereon, .now, therefore, be it.'
RESOLVED that Local. Law No. 7 = '1987 be enacted as follows :
LOCAL LAW NO.. 7 1987 .
A. Local Law Authorizing the Issuance of Appearance
Tickets by Traffic Control Officers
BE IT' .ENACTED by the Town Board of the Town of Southold as .follows:
. Chapter 26, Section 26-2. of the Code of the Town of Southold is.'hereby amended
by adding a new paragraph thereto, to be paragraph (D) , as follows:
D. Traffic Control Officers. Any State statute, local law,
ordinance, rule or regulation .relating to the movement, .
parking, stopping or standing of. vehicles.
II.' This. Local. Law shall take effect upon its filing with the Secretary of State.
32.-V,ote of the Town Board : Ayes: Councilman. Penny, Councilwoman Cochran, Council-'
man Schondebare, Councilman Stoutenburgh, Justice' Edwards, Supervisor Murphy.
This 'resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Number 33, Resolved that Local Law No. 8 1987 'be enacted.
It's a Local Law to Amend Chapter 92 of the Code of the Town of Southold in relatio '
to traffic'regulations. I offer that.
33. Moved by Supervisor Murphy, seconded by Councilwoman Cochran,
WHEREAS, &proposed. Local Law. No, 8 - 1987 was introduced at a meeting of this '
Board held-on the 19th day of May, 1987•, and.
WHEREAS, a public hearing was held thereon by this Board on the 2nd day of
June, 1987, at which time all interested persons were given an opportunity to be
heard thereon, now, therefore, be it '
RESOLVED that. Local. Law. No. 8 - :1.987 be enacted as follows :
LOCAL. LAW. NO. 8 - 1987
A. Local Law to amend Chapter 92 of the Code
of the Town of Southold in relation to traffic regulations .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Chapter 92 of the Code of the Town of. Southold, is hereby amended as follows:
1. By amending Section 92-30 '(Stop intersections with stop signs) by adding
thereto the following:
Direction At Location
___ Stop Sign on of Travel Intersection with (hamlet)
Robinson Road Northerly amp in P ace rem enport
(eastern intersection)
Robinson Road Northerly Champlin Place Greenport
(western intersection)
II. This 'Local Law shall take effect. upon its filing with the Secretary of State.
33.-Vote of the Town Board: Ayes : Councilman Penny,. Councilwoman Cochran, Council
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy. .
This ' resolutioh was declared duly ADOPTED.
SUPERVISOR MURPHY: And Number 34 we're going to hold. with regard to the
proposed Local Law in relation to the Regulation and Control of Alarm Systems.. And
Number 35 is 'Resolved Local Law. No. 9 - :1987. be enacted as follows: A Local
Law in' relation to Flood Damage Prevention.
35. Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh,
WHEREAS, a proposed Local Law No.' 9 - .1987 was 'introduced at a meeting of this '
Board. held on the :19th day of May, 1987, and
WHEREAS, a public'hearing was held thereon by this :Board on the 2nd day of
June, -1987, at which time all interested persons were given an opportunity to be .
heard thereon, now, therefore, be it '
3 JUNE 2, .1987 173
RESOLVED that Local L_aw. No.' 9 .-_,1,987,1,be,;enacted .as.:,follows :
LOCAL. LAW. NO. 9 - 1987
A Local Law in relation to Flood Damage Prevention
BE IT ENACTED by the Town Board of the Town of .Southold as follows:
1. Chapter 46 of the Town Code of the Town of Southold, designated
Floodplain Management and originally adopted by the Town Board of the
Town of .Southold on March 11, '1980 as Local Law, No. 1 of 1980, is 'hereby
repealed in its entirety and the following Flood Damage Prevention Law, to
be known as Chapter 46 of the Code of the Town of Southold, be and
hereby is enacted in' its place and stead:
SECTION 1. 0 '
STATUTORY AUTHORIZATION AND PURPOSE
1. 1 FINDINGS
The Town Board of the Town of Southold, Suffolk. County, New York
finds that the potential and/or actual damages from flooding and erosion
may be a problem to the residents of the Town of Southold and that such
damages may include: destruction or loss of private and public' housing,
damage to public facilities, both publically and privately owned, and injury
to and loss of human life. In' order to minimize the. threat of such damages
and to achieve the purposes and objectives hereinafter set forth, thi§ 'local
law is 'adopted.
1.2 . STATEMENT OF PURPOSE
It is the purpose of this local : law to promote the public� health,
safety, and general welfare, and to minimize public'and private losses due
to flood conditions in specific •areas by 'provisions designed to:
(1) regulate uses which are dangerous to health, safety and
property due to water or erosion hazards, or which result in
damaging increases in' erosion or in' flood heights or velocities;
(2) require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time
of initial construction;
- (t) control the alteration of natural floodplains, stream channels,
and natural protective barriers which are involved in' the
accommodation of flood waters;
(4) control filling, grading, dredging and other development which
may increase erosion or flood damages;
(5) regulate the construction of flood barriers which will' unnaturally
divert flood waters or which may increase flood hazards to other
lands, and;
(6) qualify and maintain' for participation in' the National Flood
Insurance Program.
1. 3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public' money for costly flood control
projects;
(3) to minimize the need for .rescue and relief efforts associates with
flooding and generally undertaken at the expense of the general
public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone, sewer lines, streets and
bridges located in' areas of special flood hazard;
(6) to help maintain' a stable. tax base by providing for the sound
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
174 JUNE 2, 1987
(7) to provide that developers are notified that property is in' an
area of special flood hazard; and
(8) to ensure that those who occupy the areas of special flood
hazard assume responsibility for their'actions.
SECTION '2. 0
DEFINITIONS
Unless specifically defined below, words or phrases used in' this 'local law shall
be interpreted so as to give them the meaning they have in' common usage and
to give this local law its most reasonable application.
"Appeal-" means a request for a. revie! of the coca! Administrator'
interpretation of any provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet
where a clearly defined channel does not exist, where the path of flooding is
___... - unpredictable and indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is ' the land. in' the floodplain' within a community
subject to a one percent or greater chance of flooding in' any given year. This '
area may be designated as Zone A, AE, AH, A0; Al-99, V, VO, VE, or V1-30.
It is also commonly referred to as the base floodplain' or 100-year floodplain:
"Base flood" means the flood having a one- percent chance of being equalled or
exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade (below
ground level) on all sides.
"Breakaway wall" means a wall that is 'not part of.the structural support of the
building and is -intended through its design and construction to collapse ,under
specific lateral loading forces without causing damage to the elevated portion of
the building or the supporting foundation system.
"Building" means any structure built for support, shelter, or enclosure for
occupancy or storage.
,u
"Cellar" - has the same meaning as definition of "Basement".
"Coastal high hazard area" means the area subject to high velocity waters
including, but not limited to, hurricane wave wash. The area is designated on a
FIRM as Zone V1-30, VE, VO or V.
"Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations located within' the
area of special flood hazard.
"Elevated building" means a non-basement building built to have the lowest floor
elevated above the ground level by means of fill' solid' foundation perimeter
-walls, pilings, columns (posts .and piers) , or shear walls.
"Flood" or "Floodin " means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal. waters; or
(2) The unusual and rapid' accumulation of runoff of surface waters from
any source.
"Flood Hazard Boundary Map (FHBM) " means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries of
the areas of special flood hazard have been defined but no water surface
elevation is provided.
"Flood Insurance Rate Map (FIRM) " means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas
of special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" is ' the official report provided by the Federal
Emergency Management Agency. The report contains flood profiles, as well as
the Flood Boundary Floodway Map and the water surface elevations of the base
flood.
= 175 -
JUNE 2, 1987
"Flood proofing" means any combination of structural and non-structural
additions_ , changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary facilities,
structures and their contents.
"Floodway" - has the same mean as "Regulatory Floodway".
"Floor" means the top surface of an enclosed area i n' a building (including'
basement) , i.e. , top of slab in' concrete slab construction or top of wood
flooring in wood frame construction.
"Functionally dependent use" means a use which cannot perform its intended
Purpose unless .it is .located or carried out. in' close.proximity to water, such as
-a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, and ship repair: The term does not include long-term
storage, manufacture, sales, or service facilities.
"Highest adjacent grade". means "the highest natural elevation of the ' ground
surface, prior to construction, next to the proposed walls of a structure.
"Lowest Floor" means lowest level including basement or cellar, of the lowest
enclosed area. An unfinished or flood resistant enclosure, usable solaly for
parking of vehicles, building access, or storage in'. an area other than a
basement is ' not considered a building's lowest floor; provided, that 'such
enclosure is not built so as to . render the structure in' violation of the
applicable non-elevation design requirements of this Local Law.
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and "designed to be used with or without
a permanent foundation when connected..,to the required utilities. The term also
includes park trailers, travel trailers, and similar transportable structures
placed on a site for 180 consecutive days or longer and intended to be improved
property.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to.which
base flood elevations shown on a community's Flood Insurance Rate Map are
referenced.
"Mobile home" - has the same meaning as ."Manufactured home".
"National Geodetic Vertical Datum (NGVD) " as corrected in' 1929 is a vertical
control used as a reference for establishing varying elevations within the flood
plain. _
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash
value, excluding land value, is 'above ground.
"100-year Flood" - has the same meaning as "Base Flood".
"Regulatory Floodway" means the channel of a river or other watercourse and
the adjacent land areas that must, be reserved in' order to discharge the base
flood without cumulatively increasing the water surface elevation more than a
designated height as determined by the Federal Emergency Management Agency
in a Flood Insurance Study.
"Sand dunes" means naturally occurring accumulations of sand in ridges or
mounds landward of the beach.
"Start of Construction" means the initiation, excluding planning and design, of
any phase of a project, physical alteration of the property, and shall include
land preparation, such as clearing, grading, and filling; installation of. streets
and/or walkways; excavation for a basement,' footings, piers, or foundations or
the erection of temporary forms. It ' also includes the placement and/or
installation on the property of accessory buildings (garages, sheds), storage
trailers, and building materials. For manufactured homes the "actual start"
. means affixing of the manufactured home to its permanent site.
"Structure" means a walled and roofed building, a manufactured home, or a" gas
or liquid storage tank, that isprincipally above ground.
176 JUNE 2, 1987
"Substantial improvement" means any repair; reconstruction, or improvement of
a structure, the -cost of which equals or exceeds 50 percent of the market value
of the structure either.:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is ' being restored, before the
damage occurred.
For the purpose of this ' definition "substantial improvement" is 7 considered
to commence when the first alteration of any wall, ceiling, floor or" other
structural part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however, include
either:
(1) any project for improvement of a structure to comply with existing
state or local building, fire, health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
(2) any alteration of a structure or contributing structure listed on the
National Register of Historic Places or a State Inventory of Historic
Places.
"Variance" means a grant of relief from the requirements of this local law which
permits construction or use in' a manner that would otherwise be prohibited by
this local law.
SECTION 3. 0
GENERAL PROVISIONS
3. 1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This ' local law shall apply .to all areas- of special flood .hazards within' the
jurisdiction of the Town of Southold.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas- of special flood hazard identified by the Federal Emergency
Management Agency in' a scientific' and engineering report entitled "The
Flood Insurance Study for the Town of Southold, Suffolk County, New
York", dated September, 1975, - with accompanying Flood Insurance .Rate
'Maps and Flood Boundary-Floodway Maps is.' hereby adopted and declared
to be a._part of this Local Law. The. Flood InsuranceStudy and map is 'on
file at the office of the Clerk of the Town of Southold.
3. 3 INTERPRETATION, CONFLICT WITH OTHER LAWS
This ' Local Law is ' adopted in' response to revisions to the National Flood
Insurance Program effective October 1, :1986 and shall supercede all
previous laws adopted for the purpose of establishing and maintaining
eligibility-for flood insurance.
In their' interpretation and application, the provisions of this local law shall
be held to be minimum requirements, adopted for :the promotion of the
public health, safety, and welfare. Whenever the requirements of this ' local
law are at variance with the requirements of any other lawfully adopted
rules, regulations, or ordinances, the most restrictive, or that imposing. .
the higher standards, shall govern.
3. 4 SEVERABI LITY
The invalidity of any section or provision of this local law shall not
invalidate any other section or provision thereof.
3. 5 PENALTIES FOR NON-COMPLIANCE
No structure shall hereafter be constructed, located, extended, converted,
or altered and no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable regulations. Any
infraction of the provisions of this Local Law by failure to comply with any
of its requirements, including infractions of conditions and safeguards
established in' connection with conditions of the permit; shall constitute a
violation. Any person who violates this ' Local Law or fails to comply with
any of its requirements shall; upon conviction thereof, be fined no more
-
JUNE 2, 1987 177
than $250 or imprisoned for not more than 15 days or both_ . Each day of
noncompliance shall be considered a separate offense. Nothing herein
contained shall prevent the Town of Southold from 'taking such other lawful
action as necessary to prevent or 'remedy an infraction. Any structure
found not compliant with the requirements of this Local Law for which the
developer and/or owner has not applied for and received an approved ,
variance under Section 6. 0 will. be declared noncompliant . and notification
sent to the Federal Emergency Management Agency.
3. 6' WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local. law is ' considered
reasonable for regulatory . purposes and is ' based on scientific' and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This local law does not imply that land outside the area of special flood
hazards or uses permitted within such areas will' be free from flooding or
flood damage. This local law shall not create liability on the part of the
Town of Southold, any officer or. employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from
.reliance on this local law or any administrative decision lawfully made
hereunder.
SECTION 4. 0
ADMINISTRATION
4. 1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Building Inspector is ' hereby appointed . Local Administrator to
administer and implement this ' local law by granting or denying development
permit applications in' accordance with its provisions.
4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before the start of construction or
any other development within the area of special flood ' hazard as
established in Section 3.2. Application for a Development Permit shall be
made on forms furnished by the Local Administrator and may include, but
not be limited to: plans, in' duplicate, drawn to scale and showing the
nature, location, dimensions, and elevations ''of the area in. question;
existing or proposed structures, fill, storage of materials, drainage
facilities,-,and the location. of the foregoing.
4.2-1 APPLICATION STAGE
The following information is required where applicable;
(a) elevation in- relation to mean sea level of the proposed
lowest floor (including basement or cellar) of all structures;
(b) elevation in' relation to mean sea level to which any .
non-residential structure will be flood-proofed;
(c) when required a certificate from a licensed professional
engineer or architect that the utility floodproofing will meet
the criteria'in' Sectioti 5. 1-3(1);
(d) certificate from a licensed professional engineer or architect
that the non-residential flood-proofed structure will meet
the flood-proofing criteria in' Section 5.2-2; and
(e) description of the extent to which any watercourse will: be.
altered or relocated as a result of proposed development.
4. 2-2 CONSTRUCTION STAGE 1;
z
Upon placement of , the lowest floor, or flood.-proofing by
whatever means, or upon placement of the horizontal 'sfructural
members of the lowest floor, whichever is : applicable,;} it shall be
the duty of the permit holder to submit ' ,.to-.' the Local .
Administrator a certificate of the elevation of the lowest floor,
flood-proofed elevation, or the elevation of the lowest portion of
the horizontal -structural members of the..lowest floor,,whi.chev.er is ..
applicable, as built, "in relation to mean sea level. The elevation
178 JUNE 2, 1987 _
certificate shall be prepared by or. under the direct supervision
of a .licensed land surveyor or professional engineer and certified
by same. When flood-proofing is utilized for a particular
building, the flood-proofing certificate shall be prepared by or
under the direct supervision of a licensed professional engineer
or architect and certified by same. Any further work undertaken
prior to submission and approval of the certification shall be at
the permit holder's risk. The Local Administrator shall review all
data submitted. Deficiencies detected shall be cause to issue a
stop-work order for the project unless immediately corrected.
4. 3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to:
4. 3-1 PERMIT APPLICATION REVIEW
(1) Review all development permit 'applications to determine that
the requirements of this local law have been satisfied.
(2) Review all development permit applications to determine that
all necessary permits have been obtained from. those
Federal, State or local governmental agencies from which
prior approval is ' requi red.
(3) Review all development permit ' applications to determine if'
the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard: For
the purposes of this local law, "adversely affects" means
damage to adjacent properties because of rises in' flood
stages attributed to physical changes of the channel and
the adjacent overbank areas. An engineering study may be
required of the applicant for thispurpose.
(i) If .there is no adverse effect, then the permit shall be
granted consistent with the provisions of this local
law.
(i i) If there is an adverse effect, then flood damage
mitigation measures shall be made a condition of the
permit.
(4) Review all development permits for compliance with the
provisions of Section 5. 1-5, Encroachments.
4. 3-2 --USE OF OTHER BASE FLOOD DATA
When base flood elevation data has not been provided in'
accordance with Section 3.2, BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator
shall obtain; review and reasonably utilize . any base flood
elevation data available from a Federal, State or other source,
including data developed pursuant to Section 5. 1-4(4) in' order
to administer Section 5.2, SPECIFIC STANDARDS.
4. 3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain' and record the actual elevation, in' relation to mean
sea level, of the lowest floor, including basement or cellar
of all new or substantially improved structures, and
whether or not the structure contains a basement or cellar.
(2) For all new or substantially improved flood-proofed
structures:
(i) obtain and record the actual elevation, in' relation to
mean sea level, to which the structure has been
flood-proofed; and
(i i) maintain' the flood-proofing certifications required in'
Sections 5. 1 and 5.2.
(3) In coastal high hazard areas, certification shall be obtained
from a registered professional engineer or architect that the
provisions of Section 5. 3-2(3) are met.
(4) Maintain' for public inspection all records pertaining to the
provisions of this : local law including variances when
granted and Certificates of Compliance.
JUNE 2, 1987 179
4. 3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York State
Department of Environmental Conservation prior to: any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Regional Director,
Federal Emergency Management Agency, Region II , 26
Federal Plaza, New York, NY 10278.
(2) Require that maintenance is ' provided within the altered or
relocated portion of said watercourse so that the flood
!. ....;.... carrying capacity is not diminished.
4. 3-5 INTERPRETATION OF FIRM BOUNDARIES
The Local Administrator shall have the authority to make
interpretations when there appears to be a conflict between the
limits of the federally identified area of special' flood hazard and
actual field conditions.
Base flood elevation data established pursuant to Section 3.2
and/or Section 4. 3-2, when available, shall be used to accurately
delineate the area of special' .flood hazards.
The Local Administrator shall use flood information from any
other authoritative source, including historical data, to establish
the limits of- the area of special flood. hazards when base flood
elevations are not available.
4. 3-6 STOP WORK ORDERS
(1) All floodplain' development found ongoing without an
approved permit shall be subject to the issuance of a stop
work order issued by the Local Administrator. Disregard of
a stop work order shall be subject to the penalties
described in' Section 3.5 of this Local Law.
(2) All floodplain development found noncompliant with the
provisions of this 'law and/or the conditions of the approved
permit shall be subject to the issuance of a stop work order
issued by the Local Administrator. Disregard of a stop work
order shall be subject to the penalties described in' Section_
3. 5 of this ' Local Law.
4. 3-7 INSPECTIONS
The Local Administrator and/or the developer's engineer or
architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor
compliance with permit '.
ermit ' conditions and enable said inspector to
certify that the development is � in' compliance with the
requirements of either the development permit ' or the approved
-- - - - variance.
CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit 'the use
or occupancy of any building or premises, or both, or part
thereof hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure
until a Certificate of Compliance has been issued by the
Local Administrator stating that the building or land
conforms to the requirements of this local law.
(2) All other development occurring within the designated flood
hazard area will' have upon completion a Certificate of
Compliance issued by the Local Administrator.
All certifications shall be based upon the inspections conducted
subject to Section 4. 3-7 and/or any certified elevations,
hydraulic information, floodproofing, anchoring requirements or
encroachment analysis ' which may have been required as a
condition of the approved permit.
180 JUNE 2, 1987
SECTION 5. 0
PROVISIONS FOR FLOOD, HAZARD REDUCTION
5. 1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
5. 1-1 ANCHORING
(1) All new construction and substantial improvements shall be
anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2) All manufactured homes snaii be installed using methods and
practices which minimize flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse,
or lateral movement. Methods of anchoring may include, but
are not to be limited. to, use of over-the-top or frame ties
to ground anchors. This ' requirement is ' in' addition to
applicable State and local anchoring requirements for
resisting wind forces.
t.
5. 1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to
flood damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood
damage.
5. 1-3 UTILITIES
(1) Electrical, heating, ventilation, plumbing, air' conditioning
equipment, and other service facilities shall be designed
and/or located so as to prevent water from entering or
accumulating within' the components during conditions of
.pi* flooding. When designed for location below the base flood
elevation, a professional engineer's or architect's
certification is `required;
(2) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
(3) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters;
and
(4) On-site waste disposal` systems shall be located to avoid
impairment to them or contamination from them during
flooding.
5. 1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with the need
to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
(4) Base flood elevation data shall be ,provided for subdivision
proposals and other proposed developments (including
proposals for manufactured home parks and subdivisions)
greater than either 50 lots or 5 acres.
5. 1-5 ENCROACHMENTS
All proposed development in riverine situations where no
flood elevation data is available (unnumbered A Zones) shall
JUNE 2 _ 181
1987 ...
be...analyzed,._to d;etermi,ne,-the _:effects on the flood carrying
capacity of the area of special flood hazards set forth in
Section 4. 3-1 (3) , Permit ' Review. This may require the
submission of additional technical data to assist in' the
determination.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has
been provided as set forth in' Section 3.2 BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD AREAS and Section 4. 3-2, -USE OF
OTHER BASE FLOOD DATA, the following standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
residential' structure shall:
(1) have the lowest floor, including basement or cellar, elevated
to or above the .base flood elevation;
(2) have fully enclosed areas below the lowest floor that are
subject to flooding designed to . automatically equalize
hydrostatic' flood forces on _exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a. licensed
professional engineer or architect or meet or exceed the
following minimum criteria:
(i) a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding; _
(i i) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii) openings may be equipped with louvers, valves,
screens or other coverings or, devices provided they
permit the automatic'entry and exit 'of floodwaters.
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvements of any
commercial, industrial or other non-residential structure,
_together with attendant utility and sanitary facilities, shall
either: have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or be floodproofed
so that the structure is watertight below the base flood level
with walls substantially impermeable to the passage of water. All
structural components located below the base flood level must be
capable of resisting hydrostatic and hydrodynamic' loads and the
effects of bouyancy.
(1) If the structure_ is ' to be elevated, fully enclosed areas
below - the base flood elevation "shall be designed to
automatically (without human intervention) allow for the
entry and exit 'of floodwaters for the purpose of equalizing
hydrostatic flood forces on exterior walls. Designs for
meeting this requirement must either be certified by a
licensed professional engineer or a licensed architect or
meet the following criteria:
(i) a minimum of two .openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) ' the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
and
(iii) openings may be equipped with louvers, valves,
screens or other coverings or devices provided they
permit *the automatic entry and exit of floodwaters'.
1 8L JUNE 2, 1987
(2) If the structure is to be floodproofed:
(i) a licensed professional engineer or architect shall
develop and/or review structural design,
cations, and - plans for the construction, and
specifi
shall certify that the design and methods of
construction are in accordance with accepted standards
of practice to make the structure watertight with walls
substantially impermeable to the passage of water, with
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
effects of bouyancy; and
a licensed professional engineer or licensed land
surveyor shall certify the specific'elevation (in relation
to mean sea level to which the structure is
flood proofed.
The Local -Administrator shall maintain on record a copy of
all such certificates noted in this section.
5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD
HAZARDS WITHOUT BASE FLOOD ELEVATIONS
(1) New construction or substantial improvements of structures
including manufactured homes shall have the lowest floor
(including basement) elevated at least 2 feet above the
highest adjacent grade next to the proposed foundation of
the structure.
(2) Fully enclosed areas below the lowest floor that are subject
to flooding shall be designed to automatically (without
human intervention) allow for the entry and exit ' of
floodwaters for the purpose of equalizing hydrostatic' flood
forces on exterior walls. Designs for meeting this
requirement must either be certified by a licensed
professional engineer or a .licensed architect or meet the
following criteria:
(i) a minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding;
(ii) the bottom of all such openings shall be no higher
than one foot above the lowest adjacent finished grade;
(iii) ' openings may be equipped with louvers, valves,
screens or other coverings or devices provided they
permit the automatic entry and exit of floodwaters.
5. 3 COASTAL HIGH HAZARD AREA
Coastal high hazard areas (V Zones) are located within the areas of special
flood hazard established in' Section 3.2. These areas have special flood
-hazards - associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, the following provisions shall apply:
5. 3-1 LOCATION OF STRUCTURES
All buildings or structures shall be located landward of the
reach of the mean high tide.
5. 3-2 CONSTRUCTION STANDARDS
(1) Elevation Standards
All new construction or substantial improvements shall be
elevated on pilings, columns (or shear walls) such that the
lowest horizontal structural member supporting the lowest
elevated floor (excluding columns, piles, diagonal bracing
attached to the piles or columns, grade beams, pile caps
and other members designed to either withstand storm
action or break away without imparting damaging loads to
the structure) is ' elevated to or above the level of the base
flood so as not to impede the flow of water.
183
JUNE 2, 1987
(2) Determi nation=o:f.,=:Loading:,:Forces.
Structural design shall consider the effects of wind and
water loads acting simultaneously during the Base; Flood on
all building components. Equations, procedures, and other
guidance for determining and utiliii'ng design values for
these loadings are available in' the documents referenced in
Section 13.
(i) Water Loads
The structural design shall be adequate to resist water
forces that would occur during the Base Flood.
Horizontal water load s considered shall include inertial
and drag forces of waves, current drag forces, and
impact forces from waterborne storm debris. Dynamic
uplift loads shall also be considered if bulkheads,
walls, or other natural manmade flow obstructions
could cause wave runup beyond the elevation of the
base flood..,--
(i i) Wind . Loads
(a) Buildings shall be designed and constructed to
resist the forces due to wind pressure.. Wind
forces on the superstructure include windward
and leeward forces on vertical walls, uplift on the
roof, internal forces when openings allow wind to
enter the house, and . upward force on the
underside of the house when it is exposed. In the
design, the wind should be assumed to flow
potentially from any lateral direction relative . to
the house. _
(b) Design wind pressures on a building and its
- components shall. be derived from wind velocities
associated with storms with a 100 year mean
recurrence interval. The 100 year design wind
velocity is ' to be taken as ' 95 mph. The design
x: method to be used is ' that set forth by . the
American - National Standards Institute, Section
A58. 1-1982.
(3) Foundation Standards
(i) The pilings or column foundation and structure
attached thereto shall be adequately anchored to resist
flotation, collapse - or lateral movement due to the
effects of wind and high velocity water loads acting .
simultaneously on all building components. Foundations
must be designed to transfer safely to the underlying
soil 'all loads due to wind, water, dead load, live load
and other loads (including uplift due Jo wind and
water).
(i i) [Spread footings and] fill' material shall not be used
for structural support of a new building or substantial
improvement of an existing structure.
_(4) Pile Foundation Design Standards
(i) Pile Spacing
The design ratio of pile spacing to pile diameter shall
not be less than 8: 1 for individual piles; however this
would not apply to pile clusters located below the
design grade. The maximum center-to-center spacing
of wood piles shall not be more than 12 feet on center
under load bearing sills, beams, or girders.
00 Pile Embedment
Pilings shall have adequate soil penetration (bearing
capacity) to resist the combined wave and wind loads
(lateral and uplift) associated with the Base Flood
acting simultaneously with typical structure (live and
1 81A JUNE 2, 1987
dead) loads, and shall include consideration of
decreased resistance capacity caused by erosion of soil .
strata surrounding the piles. The minimum penetration
for foundation piles is to an elevation of 5 feet below
mean sea level (msl) datum if the BFE is +10 msl or
less, or to at least 10 feet below msl if the BFE is
greater than +10 msl.
Column Action
• Pile foundation analysis shall also include consideration
of piles in column action from the bottom of the
structure to the stable soil ' elevation of the site.
Pilings may. be ..horizontally or diagonally braced to
withstand 'wind and water forces.
(iv) Pile Standards
(a) The minimum acceptable sizes for timber piles are
a top diameter of 8 inches for round timber piles
and 8 by 8 inches for square timber piles. "All
wood piles must be treated [in' accordancq with
requirements of AWPA-C31 to minimize decay and
damage from fungus.
10.
(b) Reinforced concrete piles shall be cast of concrete
having a 28-day ultimate compressive strength of . -
not less than 5,000 pounds per square inch, and
shall be reinforced with a minimum of four
longitudinal steel bars having a combined area of
not less than 1 percent nor more than 4 percent .
of the gross concrete area. = Reinforcement for
precast piles shall have a concrete cover of not
less than 1-.1/4. inches for No. 5 bars. and smaller
- and ' not less than 1-1 /2 inches for No. 6 through
No. 11 bars. Reinforcement for piles cast in the
field shall have a concrete cover of not less than
x_
2 inches.
(v) Pi le Installation
Piles shall be drived by means of a pile driver or drop
hammer, jetted, or augered into place.
(vi) ' Bracing
(a) Additional support for piles in the form of
bracing may .include lateral or diagonal bracing
between piles.
(b) When necessary, piles shall be . braced at the
ground line in' both directions by a wood timber
grade beam or a reinfoced concrete grade beam.
----- - - - - These . at-grade supports should be securely
attached to the piles to provide support even if
scoured from beneath.
(c) Diagonal bracing between piles, consisting of
2-inch by 8-inch (minimum) members bolted to the
piles, shall be limited in' location to below the
lowest supporting structural member and above
the stable soil ' elevation, and aligned in- the
vertical plane along pile rows perpendicular to the
shoreline. Galvanized steel rods (minimum
diameter 1/2 inch) or cable type bracing As '
permitted in any plane.
(d) Knee braces, which stiffen both the upper portion
of a pile and the beam-to-pile connection, may be
used along pile rows perpendicular and parallel to
the shoreline. Knee braces shall be 2-by-8 lumber
bolted to the sides of the pile/beam, or 4-by74 or
larger braces framed into the pile/beam. Bolting
shall consist of two 5/8-inch galvanized steel bolts
(each end) for 2-by-8 members, or one 5/8-inch.,"J' .
lag bolt (each end) for square members. -Knee
braces shall not extend more than 3 feet ' below .
the elevation of the base flood.
,. .
185
JUNE 2, 1987
(5) Column Foundation-Design=
Masonry piers or poured-in-place. concrete piers: shall be
internally reinforced to resist vertical and lateral loads, and
be connected with a moment-resisting connection to a pile
cap .or pile shaft.
(6) Anchoring Standares
All buildings and structures must have all components
adequately anchored and continuously connected from the
foundation to the roof, to prevent flotation, collapse, or
permanent lateral movement during the Base Flood
concurrent with the 100 year design wind velocity.
(7) Connectors and Fasteners
Galvanized- metal connectors, wood connectors, or bolts -of
size and number adequate for the calculated loads must be
used to connect adjoining components of a structure. Toe
nailing as a principal method of connection .is :not permitted.
All metal 'connectors and fasteners used in' exposed locations
shall be steel, hot-dipped galvanized after . fabrication.
Connectors- in: protected interior locations shall. be fabricated
from galvanized sheet.
(8) Beam to Pile Connections
The. primary .floor beams or girders shall span the supports
in' the direction parallel to the flow of potential floodwater
and wave action and• shall be fastened to the columns or
pilings by bolting, with or without cover plates. Concrete
members shall be connected by reinforcement, if cast in'
place, or (if' precast) shall be securely connected by
bolting or welding. I f' si lls, beams, or girders are attached
to .wood piling at a notch, a minimum of two (5/8)-inch
galvanized steel bolts or two hot-dipped galvanized straps
3/16 inch by 4 inches by 18 inches each bolted with two 1 /2
x:. inch. lag bolts per beam member shall be used. Notching of
- pile tops shall be the minimum sufficient to provide ledge
support for beam members without unduly weakening pile
connections. Piling shall not be notched so that the cross
section is reduced below 50 percent.
-(9) Use of Space Below the Lowest Elevated Floor
(i) The space below the lowest floor of all new
construction or any existing building that is ' being
altered, repaired or improved after the effective date
of this Local Law shall be either kept free of
obstructions or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and water
-- — - loads without causing collapse, displacement, or other
structural damage to the elevated portion of the
building or supporting foundation system.
(ii) ' The enclosed . space below the lowest floor shall be
used only for parking of vehicles, building access or
storage. Use of this space for human habitation is.
expressly prohibited. The construction of stairs,
stairwells and elevator shafts only are subject to the
design requirements for breakaway walls in Section
5. 3-2(10) .
(10) Breakaway Wall Design Standards
(i) A breakaway wall shall have a design safe loading
resistance of not less than 10 'and not more than 20
pounds per square foot.
(i i) Grade beams shall be installed in= both directions for
all piles considered to carry the breakaway wall load.
(Knee braces are required for front row piles that
support breakaway walls.)
1 8 6 JUNE 2, 1987
(iii) ' Use of breakaway walls exceeding a design safe
loading resistance of 20 pounds per square foot are
permitted only if 'a.. licensed professional engineer or
architect certifies, in writing to the Local
Administrator, that the designs proposed meet the
following conditions:
(a) breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood; and
the elevated portion of the building and
supporting foundation system shall not be
sul,ject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
building. components. Maximum wind and water
loading values to be used in this determination
shall each have one percent chance of being
equalled or exceeded in any given year
(100-year mean recurrence interval) .
(11) Utilities
All machinery and equipment servi.ci'ng the building must
be elevated to or above the level of the base flood,
including heating, ventilating, and air conditioning _
equipment, ' hot water heaters, appliances, elevator lift
machinery, and electrical junction and circuit ' breaker
boxes. Sanitary sewer and storm drainage systems that-
have openings below the level of the base flood shall be
provided with automatic backflow valves or other automatic
backflow devices that are installed in' each discharge line
passing through a building exterior wall.
(12) Certification Requirements
For all new construction and substantial improvements to
residential structures in' the Coastal High Hazard Area,
applications for development permits shall be accompanied.
by design plans and specifications, prepared in sufficient
detail ' to enable independent review of the foundation
support and connection components to be used in meeting
Sections 5. 3-2(1-11) of this Law. Said plans and
specifications shall be developed or reviewed by a
licensed professional engineer or architect, and shall be
accompanied by a statement, bearing the signature of that
architect or .engineer, certifying that the design and
methods of construction to be used are in accordance with
accepted standards of practice and with all applicable-
provisions of this Law.
(13) Reference Documents
Standard reference documents for use with this ' Law in'
determining design wind and water forces on structures
are:
Wind -- American' National Standards Institute, Inc. ,
Minimum Design Loads for Buildings and Other
Structures, ANSI A58. 1-1982 (New York, 1982) .
Water -- Waterways Experiment Station, Shore Protection
Manual, two volumes, Department of the Army,
Corps of Engineers, - Coastal Engineering
Research Center (1984) .
Guidance on the application of information from above
reference documents, together with other design data and
procedures, is 'provided in:
Federal Emergency Management Agency, Coastal
Construction Manual (Washington, D.C. , 1986).
JUNE 2, 1987 18 -7
5.3-3 DISTURBANCE OF SAND DUNES
There shall be no alteration of sand dunes which. would
increase potential flood damage. Any disturbance of sand
and/or earthen material' shall be conducted in' strict compliance
with State or local Coastal Erosion Hazard Area regulations. .
5. 3-4 SUBMISSION AND MAINTENANCE OF CONSTRUCTION RECORDS
(1) The applicant for a Development Permit ' for all ' ,new
construction or substantial improvements shall submit ' in'
writing to the Local Administrator the following:
(i) ' a . statement certifying whether or not the structure
contains a basement; and
fli)" the elevation (in' relation to mean sea level) of the :
bottom of the lowest structural member of the lowest
floor of the structure. The elevation shall be
certified by a licensed professional engineer or land
surveyor.
(2) The Local Administrator shall maintain' a record of all
information required under paragraph (1) of this Section.
SECTION 6. 0
VARIANCE PROCEDURE
6. 1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town of
Southold shall hear and decide appeals and requests for variances
from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals when it
is alleged there is ' an error in'' any requirement, decision, or
determination made by the Local Administrator i n the enforcement or
administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of Appeals
may appeal such decision to the Supreme Court pursuant to Article
78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of Appeals
shall consider all technical evaluations, all relevant factors,
standards specified in other sections of this focal law and:
(i) ' the danger that materials may be swept onto other lands to the
injury of others;
(ii) ' the danger to life and property due to flooding or erosion
damage;
(iii)' the susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual
owner;
(iv) the importance of the services provided by the proposed
facility to the community;
(v) the necessity to the facility of a waterfront location, where
applicable; --
(vi) the availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and
anticipated development;
(viii) the relationship of the proposed use to the comprehensive plan
. and flood plain management program of that area;
(ix) the safety of access to the property in' times of flood for
ordinary and emergency vehicles;
188 JUNE 2, 1987
W the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of
flooding;
'(xi) the expected heights, velocity, duration, rate or rise, and
sediment transport of the. flood waters and the effects of wave
action, if applicable, expected on the site; and
(xii)''the costs of providing governmental services during and after
flood conditions, including search and rescue operations
maintenance and repai r'of publi c'uti liti es and facilities such as
sewer, gas, electrical, and water systems and streets and
bridges,
(5) Upon consideration of the factors of Section 6. 1(.4) and the
purposes of this local law, the Town of Southold may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all appeal
actions including technical information and report any variances to
the Federal Emergency Management Agency upon request.
6.2 .CONDITIONS FOR. VARIANCES
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half acre,or
less in size contiguous to and surrounded by lots with existing
structures constructed below the -base flood level, providing items
(i-xii)' in Section 6. 1 (4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification
required for issuinq the _variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures and contributing structures listed on the
National Register of Historic ' Places or the State Inventory of
Historic Places, without regard to the contributing structures
procedures set forth in' the remainder of this section.
(3) Variances may be issued by a community for new construction and
substantial improvements and for other development necessary for
the conduct of a functionally dependent use provided that:
(i) the criteria' of subparagraphs 1, 4, 5, and 6 of this section
are met;
the structure or other development is ' protected by methods
that minimize flood damages during the base flood and create
no additional threat to public'safety.
(4) Variances shall not be issued within' any designated floodway if'any
increase in' flood levels during the .base flood discharge would
result.
(5) Variances shall only be issued upon a determination that the
• variance is 'the minimum necessary, considering the flood hazard, to
afford relief.
(6) Variances shall only be issued upon receiving written justification:
(i) a showing of good and sufficient cause;
(i i) a determination that failure to grant the variance would result
in' exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will' not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, create. nuisances, cause fraud
on or victimization of the public or conflict with. existing local
laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the
lowest floor below the base flood .elevation shall be given written
notice that the cost of flood insurance will' be commensurate with
the increased risk resulting from lowest floor elevation.
JUNE 2, 1987.
189
Il. This Local Law shall take effect upon its filing with the. Secretary of
State.
35.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council-'
man bcliondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor' Murphy.
This' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, at the present time that's the end of the resolutions
for tonight, and I would like to ask if there's any member of the Town Board would
like to make any other comments? Ray?
JUSTICE EDWARDS: Nothing at this time.
SUPERVISOR MURPHY: Jean?
COUNCILWOMAN COCHRAN: I'd like to welcome the Judge back from California:
;. SUPERVISOR MURPHY: Paul?
COUNCILMAN STOUTENBURGH: Nothing.
SUPERVISOR MURPHY: Jay?
COUNCILMAN SCHONDEBARE: Yes, I'd like to submit `the following resolution.
36. Moved by Councilman Schondebare, seconded by Councilman Penny, it 'was .
RESOLVED that the Town Board of the Town of Southold hereby appoints the follow-
ing individuals as members of.the Southold Town Conservation Advisory Council,'
effective June 18, .1987 through June 18, :1989, they to be compensated $30.-.00 per
meeting, which includes one inspection:- . Ralph C. Condit 'I I, ' Heatherw Cusack,
John Holza'pfel,. John B. Tuthill;. Betty Wells, Maragaret A. Feeney, Daniel Kujawski.
COUNCILMAN STOUTENBURGH : I would like to say something. I feel we've lost .
some of our most-. vital people on the Conservation Advisory Council, and I would
not support this resolution in'anyway.-,. I think it's a eroding of gaines we've had
for years and years go get to. It's a working Conservation Advisory .Council,'
and I'm very disappointed that the .Town Board has taken this action.
SUPERVISOlt MURPHY: . I would like maybe then where we could work this 'out
is 'to offer a resolution to Table this 'until the two weeks to discuss it a little further.
I'd like to offer that resolution.
36. TABLE
Moved by Supervisor Murphy, seconded by Councilman Stoutenburgh, it was
RESOLVED that Resolution. No. 36 be and. hereby is 'TABLED, with respect to the
appointment of individuals as members of the Conservation Advisory Council. '
36.-Vote of the Town Board : Ayes : Councilman Stoutenburgh, Supervisor Murphy.
Noes: Councilman Penny, Councilwoman Cochran, Councilman Schondebare, Justice
Edwards.
This resolution was declared. LOST.
SUPERVISOR MURPHY: Okay, on the Resolution. No. 36, any other comments? .
COUNCILMAN STOUTENBURGH : We're replacing Marty Garrell and who else? You're
putting two people in'. aren't you?
COUNCILMAN SCHONDEBARE: Yes. You're reappointing Ralph Condit; Healther
Custack, John Holzapfel, John Tuthill, Betty Wells. And you're going to appoint
Margaret Feeney and Daniel' Kujawski.
COUNCILMAN STOUTENBURGH: Well, are you just adding people on? Is that
the way? I thought there was a number that we worked with.
TOWN CLERK TERRY: Seven.
COUNCILMAN SCHONDEBARE: That's it: Seven people.
SUPERVISOR MURPHY: Who is 'the other person, Paul is 'asking, that you dropped
off?
COUNCILMAN SCHONDEBARE: You don't know who the other person is; Paul?
COUNCILMAN STOUTENBURGH: Marty Garrell is 'one.
COUNCILMAN SCHONDEBARE: Are you not sure who's on the Conservation Advisory'`
Counci 11
190 JUNE 2, 1987
COUNCILMAN STOUTENBURGH : Jeanne Marriner. That's who.
COUNCILMAN SCHONDEBARE: That's who it 'is:
COUNCILMAN STOUTENBURGH : For the record, two of those are very`:,Strong
people.
COUNCILMAN SCHONDEBARE : Move the vote.
36. Moved by Councilman Schondebare, seconded by Councilman Penny, it :was:
RESOLVED that the Town Board of the Town of Southold hereby appoints' the follow-,
ing individuals as members of the Southold Town Conservation Advisory Council,
effective June _18, 1987 through June 18, 1989, they to be compensated $30. 00 per
meeting, which includes one inspection: Ralph C. Conit 'll, Heather Cusack, John .
Holzapfel., John B. Tuthill' Betty Wells, Margaret A. Feeney, Daniel Kujawsi<i.
36.-Vote of the Town Board: Ayes : Councilman Penny, Councilwoman Cochran, Council
man Schondebare, Justice Edwards. . Noes: Councilman Stoutenburgh, Supervisor
Murphy.
This resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: Okay, again; does any Town Board member have anything
further? Jay?
COUNCILMAN SCHONDEBARE: No, thank you.
SUPERVISOR MURPHY: George?
COUNCILMAN PENNY: No, thank you.
SUPERVISOR MURPHY: Okay, at this "time, i,s 'there anyone in' the audience would
like to address the Town Board on any matter,? Frank?
FRANKLIN BEAR: First I'd like to say that I appreciate your reappointing me
to the Water Advisory Committee. It's been a great experience up to. this point
and I consider this; in effect, kind of an order to live another five years and
retain whatever sanity I may have.
COUNCILMAN PENNY: Would you like us to boost it to ten?
FRANKLIN BEAR : Sure. And the second thing I'd like to say, and I appreciate,
and I'd like 'to say on behalf of the Water Advisory Committee, your acceptance
of the Water Management Program, which we recommended, and we're looking forward
to working with the Town Board and with the Town Planner in' the implementation
of the Plan. Thank you very much.
SUPERVISOR MURPHY: Thank you„ Frank. Anyone else in' audience? Ruth?
RUTH OLIVA: Oh, I just want to second Frank's comments. Thank you very
much.
SUPERVISOR MURPHY: Anyone else in' the audience? (No response.). If not,
1 would like to make a motion to recess for a .very short time to hold a short Executive
Session where we're going to have to ask everybody to leave. It should not be,
too long if you want to wait 'to see if 'there's any resolutions after that. There
_might be.
COUNCILMAN SCHONDEBARE: If there are, it will' probably be just those two
that we put on hold.
COUNCILMAN PENNY: Strictly a personnel matter.
Moved by Supervisor Murphy, seconded by Councilman Schondebare, it was
RESOLVED that a recess be called at this 'time, 8:35 P.M. , for the purpose of holdir
an Executive Session.
Vote_of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, Council-
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
EXECUTIVE SESSION
8:36 P.M. - The Board discussed the proposed salary of.Venetia'McKeighan .for
her position of Director of Senior Services, and the appointment of Marie' Helinski
as Assistant Director of Senior Services, and to set a salary for same.
JUNE 2, 1987 1 .J 1
Meeting reconvened at 8: 45 P.M.
.29. Moved- by Councilwoman Cochran, seconded by Justice Edwards, it was
(a) RESOLVED that the Town Board of the.-Town .of Southold hereby sets the salary
of Venetia McKeighan, Director of Senior Services, at $3,000. 00 per annum, retro-
.active to January 1 , 1987.
29.-Vote of the Town Board : Ayes: Councilman Penny, Councilwoman Cochran, Council
(a) man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED.
29. Moved by Supervisor Murphy, seconded by Justice Edwards, it was
(b) RESOLVED that the Town Board of the Town of Southold hereby appoints Marie '
Helinski as Assistant Director of Senior Services, effective as of January 1, 1987,
and sets her salary at $2,000. 00 per annum, retroactive to January 1, 1987.
.29. -Vote of the-Town Board : Ayes : Councilman Penny, Councilwoman Cochran,
(b) Council-man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor
Murphy. This ' resolution was declared duly ADOPTED.
SUPERVISOR MURPHY: That is 'the end of the resolutions. Is there anyone who
like to address the Board?
PHIL BARTH: Mr. Barth reminded the Board of their'policy of giving five minutes
to address any resolution on the Agenda. He stated that Resolution No. 36- was
not on the agenda and therefore the public did' not have an opportunity tok,address .
it. . The Board sprung a resolution not on the agenda by "putting members out
of the CAC" without warning.
SUPERVISOR MURPHY: Thank you, sir: Anyone else like to address the Town . .
Board? .(No response.) Any Town Board members have anything further-fo say?,...
(No response. ) If'not, a motion to adjourn i.s 'in"order, and thank you for coming
out.tonight.
Moved by Councilman Penny, seconded by Supervisor Murphy_, it was
RESOLVED that this 'Town Board meeting be and. hereby is adjourned at 8:50 P.M. . .
Vote of the Town Board: Ayes: Councilman Penny, Councilwoman Cochran, ,.Counci I
man Schondebare, Councilman Stoutenburgh, Justice Edwards, Supervisor Murphy.
This resolution was declared duly ADOPTED..
Judith T. Terry
Southold Town Clerk